ORDINANCE No. 177135

* Declare surplus property south of SE Franklin Street and authorize sale to Samuel G. Sauter (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  A request to declare real property owned by the City as surplus was received from Samuel G. Sauter (“Requestor”) on July 2, 2002.

2.  The property in question is a 3-foot wide strip of land located south of SE Franklin Street.

3.  The Office of Transportation and all other affected bureaus have reviewed the request and have determined that the property is not needed for public use.

4.  That prior to the sale of the 3-foot strip, the Requestor and the City must obtain a lot line adjustment.

5.  The City of Portland should now declare the property as surplus, authorize execution of a Property Line Adjustment Application, and authorize execution of a Bargain and Sale Deed.

NOW, THEREFORE, the Council directs:

a.  The following described real property is hereby declared as surplus:

R/W #6178

The west 3.00 feet of the east 30.01 feet of Lot 19, Block 2, Smith's Subdivision and Addition to East Portland, Multnomah County, Oregon.

b.  The City Engineer to execute a Property Line Adjustment Application that will be submitted by Requestor.

c.  The Commissioner and Auditor to execute a Bargain and Sale Deed, in a form substantially similar to the attached Exhibit A, between the City of Portland and Samuel G. Sauter.

d.  The above-described property is declared as surplus subject to the following conditions:

(1)  That Requestor has paid to the City the sum of $250, this being a deposit on the cost of processing the surplus property request; the Requestor shall be responsible for payment of all additional surplus property processing costs incurred in excess of the deposit already paid.

(2)  The City Engineer may require the Requestor to make additional payments as needed to finalize the surplus property request; all costs shall be paid prior to the City entering into the sale for the above-described property.

(3)  That prior to the City entering into the sale of the above-described property, the City shall execute an application for a lot line adjustment, said application will be filed by Requestor; Requestor will be responsible for all costs associated with the lot line adjustment.

(4)  The sale of said surplus property by the City of Portland to Samuel G. Sauter for the agreed upon price of $4,750 shall be finalized after the lot line adjustment has been approved and all required documents have been filed with the county surveyor’s office of the county in which said property is located.

Section 2. The Council declares that an emergency exists because the surplus property is no longer needed for public use and should be disposed of in a timely manner; therefore, this Ordinance shall be in force and effect from and after its passage by City Council.

Section 3. Upon request, the Auditor shall return a certified copy of this Ordinance to the Right-of-Way Acquisition Section, Transportation Engineering and Development, which shall, at the expense of the Requestor, 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 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, DEC 18 2002

 GARY BLACKMER

COMMISSIONER JIM FRANCESCONI  AUDITOR OF THE CITY OF PORTLAND

Marcia S. Wilder  BY /S/ SUSAN PARSONS

December 3, 2002

_{\ 6178\ORD-SURPLUSPROPERTY}

   DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1485-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177135