Vacate a portion of an unnamed road near the intersection of NE 33rd Dr and NE Marine Dr subject to certain conditions and reservations (VAC-10133)

The City of Portland ordains.

Section 1.  The Council finds:

1. The Portland Bureau of Transportation (“PBOT”), Real Property Services (“RPS”), 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”). 
    
2. In 1961, Multnomah County acquired the Street Area to build a proposed traffic slip lane and other road improvements at the intersection of NE 33^rd Drive and NE Marine Drive. Multnomah County never constructed the road improvement project.
    
3. Jurisdiction of county roads, including the Street Area were transferred from Multnomah County to the City of Portland (“City”) when the surrounding neighborhood was annexed into the city. 
    
4. In 2019, the City acquired fee title ownership of the Street Area from Multnomah County through a Quitclaim Deed, recorded as Document #2019-085747, Multnomah County Deed Records.
    
5. Since fee title ownership is still held by the City at this time, the Street Area will be mapped by Multnomah County as a City owned tax parcel upon completion of the street vacation process. A transfer of ownership of the Street Area is proposed in the companion ordinance and will occur through the separate surplus land sale process if approved by City Council.
    
6. All abutters and the requisite number of property owners signed the petition, pursuant to ORS 271.080. RPS staff and the Office of the City Auditor (the “Auditor”) verified and certified all signatures on May 27, 2021.
    
7. 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.
    
8. The vacation is in conformance with the City's Comprehensive Plan and is consistent with recommendations made by the PBOT Bureau Director and the Planning Commission, as provided in the Bureau Director’s Report, dated August 12, 2022, and on file with the Auditor and PBOT.
    
9. In accordance with ORS 271.100, the Portland City Council (the “Council”) fixed a time and place for public hearing before the Council; RPS staff published notices in the Daily Journal of Commerce and physically posted signs at the site in the area proposed for vacation.
    
10. In accordance with ORS 271.190, since the area to be vacated lies within 5,000 feet of the harbor line, RPS staff secured written approval of the proposed vacation from the Port of Portland.
     
11. City staff with PBOT Transportation Planning and Portland Parks & Recreation have requested that easement rights be granted to the City to support the future construction of a portion of the Marine Drive Trail / 40 Mile Loop to be located either in or near the Street Area. Since the City currently holds fee title ownership of the Street Area, establishment of these easement rights is included as a part of the surplus land sale process.
     
12. City staff with the Bureau of Environmental Services (“BES”) have requested that easement rights be granted to the City to support the continued operation and maintenance of an existing 36-inch-wide pressure main. Said easement area will be 20-feet-wide. Said main is publicly owned and is located within the Street Area. Since the City currently holds fee title ownership of the Street Area, establishment of these easement rights is included as a part of the surplus land sale process.
     
13. City staff with the BES have requested that City access be maintained for regular maintenance of the existing pressure valves identified by BES as facility AMS391. Said facility is publicly owned and is located within the Street Area. An unobstructed area must be provided to accommodate a large PUMA truck alongside the vault and the maintenance holes. Any paving must match the grade of the maintenance holes as any modifications to the vault lid are not advised. Since the City currently holds fee title ownership of the Street Area, establishment of these easement rights is included as a part of the surplus land sale process.
     
14. 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: As described on Exhibit 1 and depicted on Exhibit 2 attached and incorporate by reference. Containing 48,219 square feet, more or less
2. The vacation of the Street Area is granted subject to the following conditions:
   1. 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.2. 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 Administrator 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 Administrator and to the Director of the Bureau of Permitting & Development, 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.
   2. Notwithstanding Condition B.1., 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.
   3. 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.
   4. City costs associated with processing the street vacation petition shall be paid in full before the City records this Ordinance.
   5. 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 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 RPS staff, 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. RPS staff shall return a copy of the recorded ordinance to the Auditor and retain the original recorded ordinance in RWA File No. 9235.