ORDINANCE No. 177020

Vacate a portion of SW Davenport Street and Crown Avenue near SW Chelmsford Avenue, under certain conditions (Ordinance by Order of Council; VAC-10007)

The City of Portland ordains:

Section 1. The Council finds:

1.  On May 31, 2002, Renee M. France, attorney representing Peter Stott, filed a petition for the vacation of a portion of SW Davenport Street (Crown Avenue) near SW Chelmsford Avenue.

2.  The petition states that the reason for the vacation is the area is landscaped and is treated as a portion of abutting properties.

3.  The vacation is recommended by the Commissioner of Public Utilities 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, finds no objections were made or filed hereto, 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 #6170

A tract of land in the southeast one-quarter of Section 4, T1S, R1E, W.M., Multnomah County, Oregon and being described as follows:

Beginning at the northwest corner of Lot 3, Block 9, “Seventh Street Terraces”, recorded in Book 114, Page 72, Multnomah County Plat Records; thence S00°30’00”E along the westerly line of said Lot 3 and the westerly lines of Lots 1 and 2, Block 9, said “Seventh Street Terraces”, 200.05 feet to the southwest corner of said Lot 1; thence S89°30’00”W along the westerly extension of the south line of said Lot 1, a distance of 2.68 feet to a point on a line which is parallel with and 20.00 feet easterly of, when measured at right angles to, the centerline of S.W. Davenport Street; thence along said parallel line N17°04’00”W, 46.13 feet to the point of curve left of a 120.00 foot radius curve; thence continuing along said parallel line on the arc of said curve left through a central angle of 32°01’12”, 67.06 feet (chord bears N33°04’36”W, 66.19 feet) to an angle point in the southerly line of Lot 24, “Robinson No. 2”, recorded in Book 1179, Page 17, Multnomah County Plat Records; thence tracing the boundary of said Lot 24 along the following courses: N89°30’00”E, 11.48 feet; N00°30’00”W, 72.00 feet; and N54°27’00”E, 48.86 feet to the Point of Beginning.

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 $2,000.00, 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)  The Petitioner shall record a deed restriction that the potentially “land locked” Lot 3, Block 9, Seventh Street Terraces, will not be separated from the other portions of said Block 9 included in Tax Lot 1S1E04DC 7700.

(4)  When Council creates any new provision in Title 33 to allow the consolidation of platted lots, the Petitioner shall make an application for and complete the applicable review procedure, within six months of adoption of the new provisions.

(5)  The Petitioner shall pay the cost of relocating a Portland General Electric power pole, with a city owned street light attached, to an area outside of the right-of-way proposed for vacation.

(6)  In order to provide for the maintenance, operation, repair, reconstruction, replacement and enlargement of the existing public sewer, an easement is reserved for sewer purposes in a portion of SW Davenport Street (Crown Avenue) proposed for vacation, described as follows:

An easement for public sewer purposes in the southeast one-quarter of Section 4, T1S, R1E, W.M., Multnomah County, Oregon, described as follows:

BEGINNING AT the angle point in the southerly line of Lot 24, “Robinson No. 2”, recorded in Book 1179, Page 17, Multnomah County Plat Records; thence tracing the boundary of said Lot 24 along the following courses: N89°30’00”W, 11.48 feet; N00°30’00”W, 19.10 feet; thence leaving said boundary N89°30’00”E, 27.90 feet; thence S00°30’00”W, parallel with and 12.10 feet westerly of the westerly line of Lots 3,2 and 1, Block 9, “Seventh Street Terraces”, recorded in Book 114, Page 72, Multnomah County Plat Records, 85.70 feet, to a point on a line which is parallel with and 20.00 feet easterly of, when measured at right angles to, the centerline of S.W. Davenport Street; thence along said parallel line N17°04’00”W, 11.29 feet to the point of curve of a 120.00 foot radius curve to the left; thence continuing along said parallel line on the arc of said curve through a central angle of 32°01’12”, 67.06 feet (chord bears N33°04’36”W, 66.19 feet) to the POINT OF BEGINNING.

(7)  The easement reserved in Condition 6 above, is reserved on condition that no building construction, material storage, filling, grade reduction or tree planting will be permitted within said easement area without the prior written consent of the Administrator of the Bureau of Environmental Services, and further that the City or its contractors will not be responsible for damage to any improvements, including landscaping existing on the easement area, if such things are damaged or destroyed by the City or its contractors in the course of construction and maintenance of the public sewer easement.

(8)  That in the event the Petitioner fails to fully comply with the conditions as stated in this report 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. 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 14, 2002  By /S/ Susan Parsons

MLW:clm

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   DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1266, 1309-2002

ACTION TAKEN:

OCT 23 2002 PASSED TO SECOND READING OCT 30 2002 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177020