ORDINANCE No. 177142

*Accept donation of vacated former SE Lafayette Street from Fred Meyer Stores, Inc. and add to the inventory of Powell Park. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

 1. In November 1993, Council authorized the vacation of a portion of SE Lafayette Street west of SE 26^th Avenue (Ordinance No. 167091). By virtue of its ownership of adjacent Powell Park, the City became the owner of the north half of the vacated street and Fred Meyer became the owner of the south half. .

2. At the time, Fred Meyer Stores, Inc. indicated that it would eventually donate the south half of the former street to the City for park and recreation purposes and Fred Meyer wishes to transfer the property at this time.

3. Park and Recreation staff have concluded that the property would be a valuable addition to Powell Park and that owning it would prevent potential future conflicts and provide a logical buffer area between the active park and the adjacent residential property. Parks and Recreation will absorb any future maintenance costs for the land within the existing maintenance budget that provides for Powell Park. The size of the property being donated is approximately 30 feet wide by 348 feet long.

4. The Director of Parks and Recreation recommends that the City accept Fred Meyer Stores' donation of the south half of vacated SE Lafayette Street and that it be included in the inventory of Powell Park.

NOW THEREFORE, the Council directs:

 a. The Commissioner of Public Utilities is authorized to execute the appropriate documents and accept a deed, in a form approved by the City Attorney, from Fred Meyer Stores, Inc. for the donation of land and assign the land to Parks and Recreation.

b. The Auditor is hereby directed to file a copy of the deed and this Ordinance with the County Clerk for recording in the Multnomah County Deed Records.

Section 2. The Council declares that an emergency exists because waiting would unnecessarily delay donation of the land and adversely affect the donor; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council: DEC 18 2002

           GARY BLACKMER

Auditor of the City of Portland

Commissioner Jim Francesconi

Susan Hathaway-Marxer            By /S/ Susan Parsons

December 11, 2002

Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1492-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177142