ORDINANCE No. 176973

*Convey an undivided interest in property to Metro, and acquire an undivided interest with Metro in an adjacent property (Ordinance).

The City of Portland Ordains:

Section 1. The Council finds:

1.  On March 16, 1994, by Ordinance No. 167463, the City Council declared the public necessity of acquiring property owned by Logan Ramsey, Amanda Ramsey, Susan Ramsey (aka Mary Susan Pope), Maria Fe Ramsey and the Estate of Margaretta Ramsey, and authorized the commencement of eminent domain proceedings to acquire the property.

2.  Following unsuccessful attempts to negotiate with the property owners for the voluntary sale of the property, the City Attorney commenced an action entitled City of Portland v. Logan Ramsey, et al., Multnomah County Circuit Court No. 9412-08399, to acquire the property by eminent domain.

3.  After passage by the voters of Measure 26-26, Metro attempted to negotiate with the property owners to acquire the property.

4.  In January, 1999, the City, Metro and Friends of Forest Park entered into a Memorandum of Understanding in order to settle the litigation and provide for public acquisition of the property.

 5.  In order to carry out the final provisions of that Memorandum of Understanding, it    is necessary for the City to convey an undivided interest to Metro in City-owned      property adjacent to the property to be acquired, so that the Ramsey property      legally may be acquired through a lot line adjustment.

NOW, THEREFORE, the Council directs:

a.  The Commissioner in Charge of Portland Parks and Recreation is authorized to execute on behalf of the City of Portland a deed conveying to Metro an undivided interest in a City-owned lot adjacent to the 31-acre parcel to be acquired from the Ramseys, and to accept on behalf of the City of Portland a deed conveying to the City of Portland a reciprocal interest in the 31-acre parcel, once such deeds have been approved as to form by the City Attorney.

b.  The Commissioner in Charge is authorized to execute on behalf of the City of Portland all other documents necessary to complete the transactions contemplated by the Memorandum of Understanding, once such documents have been approved as to form by the City Attorney.

Section 2.  The Council declares that an emergency exists in order to close the transaction within the time provided in the parties’ purchase and sale agreement; therefore, this Ordinance shall be in effect from and after its passage by the Council.

Adopted by the Council: OCT 16 2002    GARY BLACKMER

Commissioner Francesconi        Auditor of the City of Portland

Harry Auerbach          By: /S/ Susan Parsons

October 9, 2002                Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1245-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176973