353-2023

The City of Portland ordains:

Section 1.  The Council finds:

1. The Portland Bureau of Transportation (“PBOT”), Right-of-Way Acquisition (“RWA”) received a request from J. D. Watumull (the “Petitioner”) on April 15, 2021 to vacate a portion of unnamed road near the intersection of NE 33^rd Drive and NE Marine Drive as described on Exhibit 1 and depicted on Exhibit 2 (the “Street Area”). The Street Area was originally acquired by Multnomah County in that deed document recorded in Book 2066, Page 406, Multnomah County Deed Records.
    
2. The Street Area was acquired by Multnomah County for a planned traffic slip lane and other road improvements to be built at the intersection of NE 33^rd Drive and NE Marine Drive.  Said improvement project was never constructed and the Street Area has never been improved as a public street.
    
3. Jurisdiction of the public roads in this area, including the Street Area, were transferred from Multnomah County to the City of Portland (the “City”) at the time that the surrounding neighborhood was annexed into the City.  Fee title of the Street Area has also been transferred from Multnomah County to the City.
    
4. The petition has been signed by all abutters and the requisite number of property owners pursuant to ORS 271.080, and all signatures have been verified and certified by the PBOT, Right-of-Way Acquisition on May 27, 2021. The petition has been signed by all abutters and the requisite number of property owners pursuant to ORS 271.080, and all signatures have been verified and certified by the Auditor’s Office (see attached letter).
    
5. The petition states that the reason for the vacation is to consolidate the Street Area to the adjoining property for development of a vehicle washing station and a diesel and gasoline fueling station under Land Use Case No. 19-252462 LU.
    
6. The vacation is in conformance with the City's Comprehensive Plan and is consistent with recommendations made by the Director of PBOT and the Director of the Planning and Sustainability Commission, as provided in the Bureau Director Report, dated August 12, 2022 and on file with the Office of the City Auditor (the “Auditor”) and PBOT.
    
7. In accordance with ORS 271.100, the Portland City Council (the “Council”) fixed a time and place for public hearing before the Council; notice was published in the Daily Journal of Commerce and signs were physically posted at the site in the areas proposed for vacation.
    
8. In accordance with ORS 271.190, since the area to be vacated lies within 5,000 feet of the harbor line, approval in writing of the proposed vacation has been secured from the Port of Portland.
    
9. Other procedural requirements of ORS 271 have been complied with, and the Council having held a public hearing, finds no objections were made or filed hereto, and it is in the public interest to vacate the Street Area.

NOW, THEREFORE, the Council directs:

1. The Street Area, more particularly described as follows, is hereby vacated:
   1. As described on Exhibit 1 and depicted on Exhibit 2 attached and incorporate by reference.
   2. Containing 48,219 square feet, more or less.
2. The vacation of the Street Area is granted subject to the following conditions:
   1. An unbuilt portion of the Marine Drive Trail / 40 Mile Loop, part of the regional trail network and designated on the 2035 Comprehensive Plan map, is anticipated to be located in or near the Street Area. PBOT Transportation Planning and Portland Parks and Recreation have required the Petitioner to grant to the City of Portland a 30-foot-wide Trail Easement along the length of the southern edge of the property currently identified as R314241 (the “Property”), or at a location as approved by the City Engineer or Bureau Director.  This alignment will maintain the intent of having a trail connection while also minimizing potential conflicts between future trail users and the industrial and commercial services of the Property. Said easement document will be in substantially the same form as attached Exhibit 3. The Trail Easement document will be recorded concurrently with the Ordinance.
   2. The Bureau of Environmental Services (“BES”) has required the following:
      1. The Petitioner will grantto the City of Portlanda 20-foot-wide Sewer Easement over the 36-inch pressure main and a 10-foot-wide Sewer Easement over the 12-inch gravity sewer main.  The portion over the 12-inch gravity sewer main will match the alignment in place on the adjacent property to the south.  Said easement document will be in substantially the same form as Exhibit 4 attached. The Sewer Easement document will be recorded concurrently with the Ordinance.
         
         AND
      2. The Petitioner will provide access for regular maintenance of the pressure valves identified by BES as AMS391 that are located in the proposed parking lot area.  An unobstructed area must be provided to accommodate a large PUMA truck alongside the vault and the manholes.  Any paving must match the grade of the manholes as any modifications to the vault lid are not advised.  Please note that these requirements may impact the proposed parking lot and landscaping configuration.
   3. In accordance with ORS 271.120 and City policy, the street vacation ordinance (this “Ordinance”), shall not cause or require the removal or abandonment of any sewer, water or gas main, conduit of any kind, wire, pole or thing used, or intended to be used, for any public service.  Subject to Paragraph b.5. below, this Ordinance will reserve an easement for the owner of any such utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild, and/or enlarge any and all such thing; that no building or structure of any kind shall be built or erected within a distance of ten (10) feet from the centerline of any such utility, except with the prior written consent of the City Engineer and the owner of the utility and that any and all contemplated building plans in said vacated area shall be submitted for approval to the City Engineer and to the Director of the Bureau of Development Services, to the end that such construction may be so adjusted with reference to all public utilities in said areas as to cause a minimum of danger or inconvenience to the public and to the owner of such utility and to protect and preserve the same as presently constructed or hereinafter reconstructed, renewed, replaced and/or enlarged.  Removal or relocation of existing utilities in the street vacation area will require written agreements between the property owner(s) and owner(s) of the utilities.
   4. Notwithstanding Condition b.3. and except for Conditions b.1. and b.2.i., this Ordinance will serve as a full release of City interests in the Street Area and will provide City Bureaus with the authority necessary to take all other legal actions as may be reasonably necessary (including the issuance of quitclaim deeds acknowledging the release of any interests) to achieve this intent.
   5. If any property, encumbered by an easement reserved in this Ordinance, is ever rededicated as public right-of-way, that portion of the easement located in the rededicated right-of-way shall automatically be terminated.
   6. City costs associated with processing the street vacation petition shall be paid in full before the City records this Ordinance.
   7. In the event the Petitioner fails to fully comply with the above conditions within one year of Council adopting this Ordinance, Council may repeal this Ordinance at its sole discretion.

Section 2. The Property Owner shall file with the City Auditor, in form approved by the City Attorney, a document in writing, accepting the terms and conditions of the Ordinance.
 

Section 3. Notice is given that the street vacation will not be effective until a certified copy of the Ordinance has been recorded by the City in Multnomah County Deed Records.  Prerequisites to recording this Ordinance are that 30 days have passed after final Council passage of this Ordinance, that all conditions of this Ordinance have been met, and that all vacation costs have been paid.
 

Section 4. After the prerequisites to recording this Ordinance have been met, the Auditor shall return a certified copy of this Ordinance and the acceptance thereof, to PBOT RWA, which shall, at the expense of the Petitioner, file with the recorder, the assessor, and the surveyor of the county in which said property is located, the certified copy of this Ordinance and the acceptance, and any map, plat or other record which may be required by law.  PBOT RWA shall return a copy of the recorded ordinance to the Auditor and retain the original recorded ordinance in RWA File No. 9235.