ORDINANCE NO: 177163

*  Accept conditions and authorize agreement with Michael P.Wilkins and James Wildish Land Co. for trail easement across a property in north Portland adjacent to Columbia Slough. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  When the Columbia Slough Consolidation Conduit project was presented to Council on March 27, 1996, Council directed the Bureau of Environmental Services to identify projects related to the Columbia Slough Consolidation Conduit that would offer improvements to the community beyond the benefit to the City sewer system.

2.  The Columbia Slough Consolidation Conduit Steering Committee carried out a citizen outreach program to identify community benefit opportunity projects within the neighborhoods impacted by construction of the conduit.

3.  Construction of a pedestrian/bike path on top of the dike on the north side of the Columbia Slough extending from the west side of N. Denver Avenue to the west side of N. Vancouver Avenue was identified by the Steering Committee as a community benefit opportunity project.

4.  Parks acquisition of trail easements along this route is necessary to carry out completion of this community benefit opportunity project.

5.  Michael Wilkins, together with James Wildish, Option Holder, (“Grantors”) have offered to donate a grant deed of trail easement (substantially per Exhibit A “Columbia Trail Easement”), across a portion of their tract of land (“Property”) located in north Portland adjacent to Columbia Slough to the City of Portland ("City"). The Property, commonly identified as Tax Lot Number 1N1E10A-0900, is more particularly described in Exhibit A(A), Description of Real Property.

6.  The trail easement (“Easement”) is a perpetual, nonexclusive, affirmative easement to use a strip of land approximately 25’ wide across the Property. The easement is more particularly described in Exhibit A(B), Description of Trail Easement and as illustrated in Exhibit A(C), Map of Trail Easement..

7.  As a condition of donation Grantors have requested that, prior to opening the trail to the public the City construct a fence on Grantors’ leased land contiguous to the Property and Easement to protect Grantor’s operations from trespassers. Terms and conditions of agreement are listed in Exhibit B, Letter of Agreement for Construction of a Fence (“Fence Agreement”). The estimated cost for providing and installing the fence is $20,000. Funds are available in the Parks SDC Trail development fund for these improvements.

8.  Portland Parks and Recreation ("Parks") has determined that acceptance of the trail easement donation will contribute to completion of the 40 Mile Loop Trail and that this is in the public interest and for the general benefit of the people of the City of Portland.

9.  The Director of Parks estimates that the on-going maintenance cost will be $196 per year.

NOW, THEREFORE, The Council directs:

a.  The Commissioner of Public Utilities or, in his absence, the Mayor is authorized to execute all documents, once approved as to form by the City Attorney, accepting the donation of a trail easement on the Grantors’ Property described in Exhibits A, B and C; and agreeing to construction of fence per Fence Agreement, Exhibit D;

b.  The Commissioner of Public Utilities is hereby authorized to pay any required transaction costs;

c.  The Director of Parks is directed to add the Property to the City's trail inventory and manage it as part of the 40 Mile Loop; and,

d.  That in accepting responsibility for this trail easement, the Council acknowledges the need to fund their on-going maintenance costs. The Office of Finance and Administration is directed to add $196 to the Park's on going budget target effective FY2003-04 to pay the on-going maintenance expenses.

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

Passed by the Council, December 26, 2002    GARY BLACKMER

Commissioner Francesconi  Auditor of the City of Portland

Riley Whitcomb  By /s/Terry Reisz

December 16, 2002

Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1515-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177163