ORDINANCE NO: 176344

*  Authorize agreement for acquisition of the Smollinski Property at 8417 N. Brandon Avenue in the Kenton Neighborhood as an addition to Kenton Park. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Geraldine Rae Leigh, Personal Representative to the Estate of Broni Smollinski, has offered to sell approximately .12 acres (5,000 sq. ft) to the City of Portland ("City") for $135,000 plus closing costs, which is within the fair market value range according to an independent appraisal. In addition, demolition of the existing buildings are estimated at $10,000, for a total up front cost of $145,000.

2.  The property is commonly identified as Tax Accounts R196717 and Tax Lot 600 on Assessor's Map 1N-1E-09DB, and more particularly described and shown on Exhibit A, attached to this Ordinance ("Property"). This property is a park inholding, surrounded on three sides by Kenton Park.

3.  Portland Parks and Recreation ("Parks") has reviewed the available information regarding the Property and recommends acquisition of the Property as an addition to Kenton Park because it is in the public interest and for the general benefit and use of the people of the City of Portland.

4.  There are adequate monies available to fund acquisition of the Property. The acquisition will be funded by $35,000 from Parks Systems Development Charges (SDC) or SDC bonded debt, along with $14,000 remaining from the sale of the Johnswood property, also in North Portland. The remaining $96,000 will be funded temporarily by the Portland Parks Trust Fund, pending the results of a request for Community Benefit funding associated with the Bureau of Environmental Services’ Combined Sewer Overflow Project. If this acquisition is approved as a Community Benefit project, the Trust Fund will be reimbursed.

5.  There is no on-going maintenance cost for this property, as it will become part of the existing Kenton Park.

NOW, THEREFORE, The Council directs:

a.  The Commissioner of Public Utilities is authorized to give any consents and execute any documents necessary to close the transaction once approved as to form by the City Attorney;

b.  The Commissioner of Public Utilities shall direct Parks to deposit $135,000 plus closing costs into an escrow account established for the purpose of acquisition of the Property;

c.  The Director of Parks is directed to add the Property to the City’s park inventory;

Section 2. The Council declares that an emergency exists because delay would prevent the completion of the land acquisition and because funds for purchase by the City are available now; therefore, this ordinance shall be in full force and effect after its passage by Council.

Passed by the Council, MAR 27 2002    GARY BLACKMER

Auditor of the City of Portland

By /S/ Susan Parsons

Deputy

Commissioner Francesconi

Janet Wright

March 19, 2002

BACKING SHEET INFORMATION

AGENDA NO. 295-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176344