ORDINANCE No. 176640

* Authorize settlement of condemnation claim of Bradrick Company, Inc. associated with

Lower Albina Overcrossing project (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  As part of the Lower Albina Overcrossing Project, the City of Portland (City) informed representatives of the Bradrick Company, Inc. that it might require acquisition of a certain portion of plaintiff’s property for access roadways, which could affect the loading dock access at plaintiff’s property. It was eventually determined it was not necessary for the City to acquire that portion of plaintiff’s property.

2.  Plaintiff subsequently filed an action in the Circuit Court of the State of Oregon for the County of Multnomah, Case No. 01-03-03047, alleging claims against the City for Inverse Condemnation.

3.  The parties have reached an agreement for full settlement of the case without trial. The Settlement Agreement and Release, attached hereto as Exhibit 1, represents the agreement of the parties. The cost of the settlement is within the budget of the Lower Albina Overcrossing Project.

NOW, THEREFORE, the Council directs:

a.  The City is authorized to settle this case according to the settlement terms agreed to by the parties, and the City Attorney’s Office is authorized to enter into a Settlement Agreement, in a form substantially similar to the Settlement Agreement and Release attached hereto as Exhibit 1.

b.  The Bureau of Transportation Engineering and Development is authorized to issue a check in the amount of $20,000 payable to the Bradrick Company, Inc. and Lindsay Hart Neil & Weigler, LLP, attorneys for the Bradrick Company Inc.

Section 2.  The Council declares that an emergency exists because a delay will compromise the ability of the City to settle this case without trial; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, JUL 03 2002

GARY BLACKMER

Commissioner Jim Francesconi  Auditor of the City of Portland

Karen Rabiner:slg              By /S/ Susan Parsons

June 20, 2002

Bradrick settlement.doc                                              Deputy

BACKING SHEET INFORMATION

AGENDA NO. 766-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176640