ORDINANCE No. 177019

*Vacate a certain portion of N Bradford Street north of N St. Louis Avenue, under certain conditions. (Ordinance by Order of Council; [VAC-10008])

The City of Portland ordains:

Section 1. The Council finds:

1.  Resolution No. 36095, passed by Council September 25, 2002, initiated the vacation of a portion of N Bradford Street north of N St. Louis Avenue.

2.  The Port of Portland requests the vacation in order to consolidate property for the redevelopment of Terminal 4 for Toyota Motor Company.

3.  The vacation is recommended by the Commissioner of Public Safety under certain conditions set forth in the directive action below.

4.  In accordance with ORS 271.100, the Council fixed a time and place for public hearing before the Council; the Auditor published notice thereof, and posted notice in the areas proposed for vacation.

5.  Other procedural requirements of ORS 271 have been complied with, and the Council having held a public hearing, and any objections filed against said vacation were considered by the Council, and by this Ordinance are specifically overruled, and it is in the public interest that said street be vacated.

NOW, THEREFORE, the Council directs:

a.  The following described street area, as shown on the attached Exhibit A, is hereby vacated:

R/W #6183

A parcel of land situated in the southeast one-quarter of Section 2 and the northeast one-quarter of Section 11, Township 1 North, Range 1 West, Willamette Meridian, in the City of Portland, Multnomah County, Oregon, said parcel being a portion of N Bradford Street as dedicated December 1, 1948, by Multnomah County Ordinance No. 88273, being further described as follows:

Commencing at a found 4-inch diameter brass disc inside a monument box at the northeast one-quarter of said Section 11; thence N 33°35’50” W, 460.83 feet to a found 5/8 inch diameter iron rod with yellow plastic cap stamped “HAGEDORN RLS 733” at the most northerly corner of N Bradford Street as dedicated December 1, 1948, by Multnomah County Ordinance No. 88273 and the True Point of Beginning; thence along the northeasterly right-of-way line of said N Bradford Street the following three (3) courses: 1) S 21°02’27” E, 197.27 feet to the beginning of a spiral curve; 2) thence 213.66 feet along the arc of a spiral curve with a spiral delta of 02°06’00” and a spiral chord bearing of S 21°44’38” E, 211.82 feet to the point of spiral-circular curve; 3) thence 181.89 feet along the arc of a 2914.79 foot radius curve to the left, concave to the northeast, through a central angle of 03°34’32” (the long chord bears S 24°55’36” E, 181.86 feet) to a point of cusp; thence departing said northeasterly right-of-way line N 34°25’30” W, 38.95 feet; thence S 64°02’35” W, 54.52 feet to a point of non-tangency on the southwesterly right-of-way line of said N Bradford Street; thence along the southwesterly right-of-way line of said N Bradford Street the following three (3) courses: 1) 146.21 feet along the arc of a 2974.79 foot radius curve to the right, concave to the northeast, through a central angle of 02°48’58” (the long chord bears N 24°32’56” W, 214.02 feet to a point of circular-spiral curve; 2) thence 218.07 feet along the arc of a spiral curve with a spiral delta of 02°06’00” and a spiral chord bearing of N 21°44’51” W, 214.02 feet to a point of tangency; 3) thence N 21°02’27” W, 189.60 feet to a found 5/8 inch diameter iron rod with yellow plastic cap stamped “HAGEDORN RLS 733” at the northwesterly corner of N Bradford Street; thence along the northerly line of said N Bradford Street N 61°34’46” E, 60.50 feet to the Point of Beginning. Containing 33,171 square feet (0.76 acres) more or less.

The bearings in this description are based upon Port of Portland Control Drawing No. SU T-4 2000-3024.

b.  The vacation of the above described street area is granted subject to the following conditions and restrictions:

(1)  That the Petitioner has paid to the City the sum of $2,000, this being the estimated cost of these vacation proceedings, and that the Petitioner shall be responsible for payment of all additional costs incurred in excess of the estimated costs already paid; the City Engineer may require the Petitioner to make additional payments as needed to process the vacation, and all costs shall be paid prior to recording of the vacation Ordinance.

(2)  Nothing herein contained shall cause or require the removal or abandonment of any sewer, water or gas main, conduit of any kind, wire, pole or thing used, or intended to be used, for any public service, and the right hereby is reserved for the owner of any such utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild, and/or enlarge any and all such thing; that no building or structure of any kind shall be built or erected within a distance of ten (10) feet from the centerline of any such utility, except with the prior written consent of the City Engineer and the owner of the utility and that any and all contemplated building plans in said vacated area shall be submitted for approval to the City Engineer and to the Director of the Bureau of Buildings, to the end that such construction may be so adjusted with reference to all public utilities in said areas as to cause a minimum of danger or inconvenience to the public and to the owner of such utility and to protect and preserve the same as presently constructed or hereinafter reconstructed, renewed, replaced and/or enlarged (except as herein provided with respect to existing sewer facilities).

(3)  That in the event that Petitioner fails to fully comply with the above conditions within one year after the effective date of the vacating Ordinance, said Ordinance will then be subject to repeal by the Council.

Section 2. Petitioner shall file with the City Auditor, in form approved by the City Attorney, a document in writing, accepting the terms and conditions of the Ordinance.

Section 3. Notice is given that the street vacation becomes effective only after a certified copy of the vacating Ordinance has been recorded in Multnomah County Deed Records. Prerequisites to recording the vacating Ordinance are that 30 days have passed after final Council passage of the Ordinance, that all conditions of the vacating Ordinance have been met, and that all vacation costs have been paid.

Section 4. The Council declares that an emergency exists because a delay in the passing the vacating ordinance might result in delays in the redevelopment of Terminal 4, therefore, this Ordinance shall be in force and effect from and after its passage by the Council.

Section 5. After the prerequisites to recording the Ordinance have been met, upon request, the Auditor shall return a certified copy of this Ordinance and the acceptance thereof, to the Right-of-Way Acquisition Section, Transportation Engineering and Development, which shall, at the expense of the Petitioner, file with the recorder, the assessor, and the surveyor of the county in which said property is located, the certified copy of this Ordinance and the acceptance, and any map, plat or other record which may be required by law. The Right-of-Way Acquisition Section shall return the recorded Ordinance to the Auditor.

Passed by the Council, OCT 30 2002

             GARY BLACKMER

Commissioner Jim Francesconi        AUDITOR OF THE CITY OF PORTLAND

October 22, 2002          BY /S/ SUSAN PARSONS

HEIDI M. WARE:CLM

_6183\ORD-OBJ      

                 DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1308-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177019