ORDINANCE No. 177147

*Amend Ordinance to change the legal descriptions for easements required for the South Airport Sanitary Trunk Sewer Project. (Ordinance; amend Ordinance No. 171824)

The City of Portland ordains:

Section 1. The Council finds:

1.  Ordinance No. 171824, passed on December 3, 1997, authorized the continuance of negotiations and the commencement of condemnation proceedings, if necessary, for the purchase of sewer easements and temporary construction easements.

2.  The alignment of the project was adjusted and new legal descriptions are required to acquire easements from two of the property owners.

3.  It is necessary to acquire possession of the easements by February 1, 2003, so that construction can proceed without delay.

NOW, THEREFORE, the Council directs:

a.  In Section 1.a. of Ordinance 171824, the legal descriptions for R/W #5451-1, R/W #5451-1A, R/W #5451-6 and R/W #5451-6A, are hereby amended to read as follows:

R/W #5451-1A-P

A tract of land situated in Sections 17 and 18, T1N, R2E, WM, in the City of Portland, Multnomah County, Oregon, more particularly described as follows:

Commencing at the Southwest corner of the Anthony Whittaker Donation Land Claim in Section 17; thence along the east line of said Whittaker Donation Land Claim, N1°39’49”E, 1,273.08 feet to a point in the centerline of NE Columbia Boulevard; thence along said centerline N76°48’11”W, 20.70 feet to road angle No. 10; thence continuing along said centerline, N75°57’11”W, 976.57 feet; thence N1°39’49”E, 511.73 feet to a point, being the Southeast corner of that certain tract of land conveyed to Calwest Industrial Properties by Deed recorded March 4, 2002 in record number 2002-038913 Multnomah County Deed Records; thence continuing along the east line of said tract N1°39’49”E, 708.75 feet to the southwest corner of that tract of land conveyed to Olga Barber by deed recorded June 19, 1940 in Book 554, Page 312 Deed Records and being the True Point of Beginning of the tract to be described;

Thence S75°27’11”E, 300.25 feet along the south line of said Olga Barber tract to the west line of NE 63^rd Avenue; thence S1°39’49”W, 20.52 feet along said west line; thence N75°27’11”W, 320.77 feet; thence N1°39’49”E, 107.77 feet; thence N 65°10’13”W, 78.55 feet; thence S87°40’35”W, 305.73 feet to the east line of NE 59^th Avenue; thence N1°39’49”E, 20.05 feet along said east line; thence N87°40’35”E, 309.17 feet; thence S65°10’13”E, 96.57 feet; thence S1°39’49”W, 105.03 feet to the True Point of Beginning.

R/W #5451-1A-T

A tract of land situated in Sections 17 and 18, T1N, R2E, WM, in the City of Portland, Multnomah County, Oregon, more particularly described as follows:

Commencing at the Southwest corner of the Anthony Whittaker Donation Land Claim in Section 17; thence along the east line of said Whittaker Donation Land Claim, N1°39’49”E, 1,273.08 feet to a point in the centerline of NE Columbia Boulevard; thence along said centerline N76°48’11”W, 20.70 feet to road angle No. 10; thence continuing along said centerline, N75°57’11”W, 976.57 feet; thence N1°39’49”E, 511.73 feet to a point, being the Southeast corner of that certain tract of land conveyed to Calwest Industrial Properties by Deed recorded March 4, 2002 in record number 2002-038913 Multnomah County Deed Records; thence continuing along the east line of said tract N1°39’49”E, 708.75 feet to the southwest corner of that tract of land conveyed to Olga Barber by deed recorded June 19, 1940 in Book 554, Page 312 Deed Records; thence S1°39’49”W, 20.52 feet to the True Point of Beginning of the tract to be described;

Thence S75°27’11”E, 300.25 feet to the west line of NE 63^rd Avenue; thence N1°39’49”E, 20.52 feet along said west line; thence N75°27’11”W, 320.77 feet; thence N1°39’49”E, 107.77 feet; thence N65°10’13”W, 78.55 feet; thence S87°40’35”W, 305.73 feet to the east line of NE 59^th Avenue; thence S1°39’49”W, 20.05 feet along said east line; thence N87°40’35”E, 302.30 feet; thence S65°10’13”E, 60.52 feet; thence S75°27’11”E, 41.03 feet to the True Point of Beginning.

R/W #5451-6A-P

A tract of land situated in the Anthony Whittaker Donation Land Claim in Section 17, T1N, R2E, W.M., City of Portland, Multnomah County, State of Oregon, more particularly described as follows:

Beginning at the intersection of the center line of NE Columbia Boulevard, with the east line of the Anthony Whittaker Donation Land Claim; thence N1°39’49”E along said east line 1,130.00 feet to the southwest corner of Lot 18, Marsden Gardens, an unrecorded plat in Multnomah County; thence N1°39’49”E 47.15 feet along said east line to the True Point of Beginning of the tract to be described:

Thence N63°17’52”W 372.59 feet to a point on the west boundary of that parcel conveyed to David A. Simonson and Donna M. Simonson in Book 1016, Page 861, Multnomah County Records; thence N1°39’49”E, 22.07 feet along said west boundary; thence S63°17’52”E 372.59 feet to a point on the easterly boundary of said Anthony Whittaker Donation Land Claim; thence S1°39’49”W 22.07 feet along said easterly boundary to the True Point of Beginning.

R/W #5451-6A-T

A tract of land situated in the Anthony Whittaker Donation Land Claim in Section 17, T1N, R2E, W.M., City of Portland, Multnomah County, State of Oregon, more particularly described as follows:

Beginning at the intersection of the center line of NE Columbia Boulevard, with the east line of the Anthony Whittaker Donation Land Claim; thence N1°39’49”E along said east line 1,130.00 feet to the southwest corner of Lot 18, Marsden Gardens, an unrecorded plat in Multnomah County; thence N1°39’49”E 25.08 feet along said east line to the True Point of Beginning of the tract to be described:

Thence N63°17’52”W 372.59 feet to a point on the west boundary of that parcel conveyed to David A. Simonson and Donna M. Simonson in Book 1016, Page 861, Multnomah County Records; thence N1°39’49”E, 22.07 feet along said west boundary; thence S63°17’52”E 372.59 feet to a point on the easterly boundary of said Anthony Whittaker Donation Land Claim; thence S1°39’49”W 22.07 feet along said east line to the True Point of Beginning.

b.  All remaining portions of Ordinance No. 171824 shall remain unchanged and all conditions thereof shall remain in full force and effect.

Section 2. The Council declares that an emergency exists because a delay in amending the legal descriptions described herein might result in delays in construction of the project; 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

COMMISSIONER DAN SALTZMAN  AUDITOR OF THE CITY OF PORTLAND

Mark L. White:clm  BY /S/ SUSAN PARSONS

November 26, 2002

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   DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1497-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177147