ORDINANCE No. 177000

* Authorize settlement of condemnation claim as part of SE Foster Road Improvement Project (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  By Ordinance No. 176214 passed by City Council on January 23, 2002, the City was authorized to acquire an easement for public right of way and street purposes and a temporary construction easement on real property owned by Kim G. Espeland, Gayle I. Espeland and Principle Residential Mortgage, Inc., as part of the SE Foster Road Improvement Project.

2.  A full settlement of the case was achieved without trial.

3.  The Stipulated Judgment attached hereto as Exhibit 1 represents the agreement of the parties. The cost of the settlement is within the budget of the SE Foster Road Improvement 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 Stipulated Judgment in a form substantially similar to the Stipulated Judgment attached hereto as Exhibit 1.

b.  The Bureau of Transportation Engineering and Development is authorized to issue a check in the amount of $34,012 payable to Kim G. Espeland, Gayle I. Espeland and Brownstein, Rask, Sweeney, Kerr, Grim, DeSylvia & Hay, attorneys for the Espelands.

c.  That the Right-of-Way Acquisition Section, Transportation Engineering and Development shall record in the appropriate deed records, documents of title as necessary for acquisition of the rights-of-way.

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

Passed by the Council, OCT 30 2002

GARY BLACKMER

Commissioner Jim Francesconi        AUDITOR OF THE CITY OF PORTLAND

HMW:clm              BY /S/ SUSAN PARSONS

October 21, 2002

_{6067\ESPELAND SETTLEMENT ORDINANCE}  

               DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1289-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177000