ORDINANCE NO: 177165

*  Authorize acceptance of a conservation easement from Kenneth and Susan Kimmel for property in the Columbia South Shore Watershed. (Ordinance)

The City of Portland ordains:

Section 1. The Council Finds:

1.  Kenneth and Susan Kimmel (Grantors) have offered to donate a grant of deed of conservation easement, Exhibit A, (Conservation Easement Agreement) for a portion of their property located at 15350 NE Sandy Blvd. to the City of Portland (Grantee) at no cost to the City.

2.  The conservation easement (“Easement”) is for a portion of the property commonly identified as Tax Lot 3200, 1N, 2E, Section 24DC. The Easement is described in Exhibit B and shown in Exhibit C, attached to this Ordinance

3.  Portland Parks and Recreation (“Parks”) has determined that significant passive recreation, wildlife habitat and water quality benefits will be preserved as a result of the City’s acceptance of the donation and management of the Property, and that this is in the public interest for the general benefit of the people of the City of Portland.

4.  Grantors have agreed to participate in the BES “Kimmel-Wilkes Revegetation Project”, Exhibit A(B), that includes removal of non-native plant species and revegetation with native material, and are contributing $1,000 toward the effort.

5.  The Director of Parks estimates that accepting the property will result in one-time property stabilization costs of $4,400 and on-going maintenance cost will be $1,500 per year. The one-time costs will be charged to the Parks SDC Program. There is sufficient capacity in the General Fund O & M set-aside for the on going costs.

NOW, THEREFORE, The Council directs that:

a.  The Commissioner of Public Utilities or, in his absence, the Mayor is authorized to execute the acceptance of the donation, substantially represented by Exhibit C attached to this Ordinance, and all other documents necessary to complete the transaction once approved as to form by the City Attorney;

b.  The Director of Parks is directed to add the Property to the City’s natural area park inventory and to manage the site according to the terms and conditions of the conservation easement; and,

c.  In accepting responsibility for this natural area, the Council acknowledges the need to fund the on-going maintenance costs. The Office of Finance and Administration is directed to transfer $1,500 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 the Grantor’s offer of the conservation easement is limited by time and delay would prevent conservation easement from being granted, now; 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

Prepared by: Riley Whitcomb              By /s/Terry Reisz

December 13, 2002                                            Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1517-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177165