ORDINANCE No. 177037

* Authorize conveyance of one conservation easement from Riverview Village Homeowner’s Association and Pacific Western Homes, Inc. to the City, by consent.

The City of Portland ordains:

Section 1.  The Council finds:

1.  Tract C of Riverview Village subdivision is jointly owned by the homeowners of Riverview Village and the developer, Pacific Western Homes, Inc. The homeowners are represented by the Riverview Village Homeowner’s Association. The current signature authority for the Riverview Village Homeowner’s Association rests with Pacific Western Homes, Inc.

2.  ORS 271.715 et seq. permits the creation of conservation easements for the purposes of retaining or protecting natural, scenic, or open space values of real property, ensuring its availability for forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality

3.  Tract C of Riverview Village subdivision possesses natural, scenic and recreational values of great importance to the City of Portland, the people of Multnomah County and the people of the State of Oregon. The most important of these values are water quality protection, natural habitat protection and enhancement for fish in Wilkes Creek, a tributary to the Columbia Slough

4.  Tract C of Riverview Village subdivision is within the City of Portland designated environmental zone, which protects natural resource values in compliance with Oregon Statewide Planning Goal 5. This clearly delineated government policy sets forth the public benefit of preservation of land in the Columbia Slough watershed and within the environmental zones on the Columbia Slough and its tributaries.

5.  Tract C of Riverview Village subdivision provides habitat for cutthroat trout (Oncorhyncus clarki) and Congress has found that encouraging public and private conservation programs “is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage of fish, wildlife, and plants” 16 U.S.C. 1531(a)(5). This government policy sets forth the basis for preserving land with this key habitat

6.  There is no transfer of money to acquire the conservation easement.

NOW, THEREFORE, the council directs:

a.  The Director of the Bureau of Environmental Services, or designee, and Auditor are authorized to execute the Conservation Easement with the primary grantor, Riverview Village Homeowner’s Association, and the secondary grantor, Pacific Western Homes, Inc.

Section 2.  The Council declares that an emergency exists because delay in executing this amendment will jeopardize the City’s efforts to enhance, restore and protect the Columbia Slough. Therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, NOV 06 2002      Gary Blackmer

Commissioner Dan Saltzman        Auditor of the City of Portland

             By /S/ Terry Reisz

Submitted by: Mindy Brooks

Date: 10-07-02              Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1340-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177037