ORDINANCE No. 176289

*Repurchase property at 4841 SE Tenino Court for park and recreation purposes. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

 1. For many years, park property at 4841 SE Tenino Court was rented to an elderly gentleman, Mr. Clint Spurlock. In 1991, the City deeded the property to Mr. Spurlock for $10.00, pursuant to Ordinance No. 164073. At that time, Mr. Spurlock provided an option to the City so that the City could repurchase the property from his heirs for $10.00 upon his death. Mr. Spurlock passed away in October 2000.

 2. The property, a 4,640 SF lot, is within the inventory of Errol Heights Property, an undeveloped park site, and Portland Parks and Recreation wants to exercise the option to repurchase the property. Parks will absorb the site and its minor maintenance cost as part of the Errol Heights Property.

 3. The notices required by the option have been approved by the City Attorney’s Office and distributed as provided by the option. Because Mr. Spurlock died without a will and no personal representative has been appointed, the City filed an Affidavit of Claiming Successor of Small Estate of Intestate Estate in accordance with ORS 114.505-114.560 in Multnomah County Probate Court to complete the transfer of the property to the City.

 4. The Director of Parks and Recreation recommends repurchase of the property.

NOW THEREFORE, the Council directs:

 a. The Commissioner of Parks and Recreation is authorized to sign the appropriate documents, approved as to form by the City Attorney, for the City to repurchase the property at 4841 SE Tenino Court, Portland, Oregon 97206 for the amount of $10.00.

 b. The land, once reacquired, shall be assigned to Parks and Recreation.

Section 2. The Council declares that an emergency exists since delay in the repurchase will create a hardship for the heirs of Mr. Spurlock and confuse park property boundaries; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council: MAR 06 2002

         GARY BLACKMER

Auditor of the City of Portland

Commissioner Jim Francesconi        By /S/ Susan Parsons

Susan Hathaway-Marxer

February 25, 2002

Deputy

BACKING SHEET INFORMATION

AGENDA NO. 207-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 166289