ORDINANCE No. 177171

 

*Authorize the continuance of negotiations for the purchase of easements for the South Airport Sanitary Trunk Sewer Project - Phase II and authorize condemnation proceedings, if necessary, and obtain early possession (Ordinance)

 

The City of Portland ordains:

 

Section 1. The Council finds:

 

1.  The Bureau of Environmental Services has identified the need for a sanitary sewer system in the South Airport Industrial Basin to reduce environmental damage and risks to human health. The system will also eliminate some of the discharge of pollution to the Whitaker and Columbia Sloughs from cesspools, septic tanks and industrial discharges.

 

2.  In order to construct the system as designed, permanent easements through private property must be acquired.

 

3.  Negotiations with the owners of the affected properties have begun, however, should negotiations reach an impasse, the City Attorney should be authorized to continue negotiations and to commence condemnation proceedings, if such negotiations fail, to acquire said property rights.

 

4.  It is necessary to acquire possession of the easements by February 15, 2003, or as soon thereafter as possible in accordance with all applicable laws and regulations so that construction can proceed without delay.

 

NOW, THEREFORE, the Council directs:

 

a.  The City Attorney is authorized and directed to continue negotiations on behalf of the City for the acquisition of the easements described as follows:

 

R/W #5451-16

Parcel 1 - Permanent Access Easement

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

 

Beginning at a point at the intersection of the east line of the said Anthony Whittaker Donation Land Claim with the center line of NE Columbia Boulevard (formerly Columbia Slough County Road); thence N 1°39'49" E, 1826.54 feet along said east line to the southeast corner of that parcel conveyed to Mary Jane Reed in record Number 99068084, Multnomah County Records; thence N 76°50'11" W, 292.00 feet along the southerly line of said Mary Jane Reed parcel to the True Point of Beginning of the tract to be described; thence along the southerly boundary of said parcel N 76°50'11" W, 233.70 feet to the east line of NE 63rd Avenue; thence S 11°59'19" W, 10.00 feet along said east line; thence S 76°50'11" E, 235.53 feet; thence N 1°39'49" E, 10.20 feet to the True Point of Beginning.

 

Parcel 2 - Permanent Access Easement

 

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

 

Beginning at a point at the intersection of the east line of the said Anthony Whittaker Donation Land Claim with the center line of NE Columbia Boulevard (formerly Columbia Slough County Road); thence N 1°39'49" E, 1826.54 feet along said east line to the southeast corner of that parcel conveyed to Mary Jane Reed in record Number 99068084, Multnomah County Records; thence N 76°50'11" W, 165.00 feet along the southerly line of said Mary Jane Reed parcel to the True Point of Beginning of the tract to be described; thence along the southerly boundary of said parcel N 76°50'11" W, 127.00 feet; thence S 1°39'49" W, 10.20 feet; thence S 76°50'11" E, 125.91 feet; thence N 7°46'29" E, 10.04 feet to the True Point of Beginning.

 

R/W #5451-17

 

Parcel 1- Permanent Access Easement

 

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

 

Beginning at a point at the intersection of the east line of the said Anthony Whittaker Donation Land Claim with the center line of NE Columbia Boulevard (formerly Columbia Slough County Road); thence N 1°39'49" E, 1826.54 feet along said east line to the southeast corner of that parcel conveyed to Mary Jane Reed in record Number 99068084, Multnomah County Records; thence N 76°50'11" W, 85.00 feet along the southerly line of said Mary Jane Reed parcel to the True Point of Beginning of the tract to be described; thence along the southerly boundary of said parcel N 76°50'11" W, 80.00 feet; thence S 7°46'29" W, 10.04 feet; thence S 76°50'11" E, 80.00 feet; thence N 7°46'29" E, 10.04 feet to the True Point of Beginning.

 

Parcel 2 – Permanent Access Easement

 

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

 

Beginning at a point at the intersection of the east line of the said Anthony Whittaker Donation Land Claim with the center line of NE Columbia Boulevard (formerly Columbia Slough County Road); thence N 1°39'49" E, 1826.54 feet along said east line to the southeast corner of that parcel conveyed to Mary Jane Reed in record Number 99068084, Multnomah County Records; being the True Point of Beginning of the tract to be described; thence along the southerly boundary of said parcel N 76°50'11" W, 85.00 feet; thence S 7°46'29" W, 10.04 feet; thence S 76°50'11" E, 86.09 feet; thence N 1°39'49" E, 10.20 feet to the True Point of Beginning.

 

R/W #5451-18

Parcel 1 – Permanent Easement (Pump Station & Utility Easement)

 

A tract of land situated in the Anthony Whittaker Donation Land Claim in Section 17, Township 1 North, Range 2 East, of the Willamette Meridian, in the City of Portland, County of Multnomah and State of Oregon, more particularly described as follows:

 

Commencing at a point at the intersection of the east line of the said Anthony Whittaker Donation Land Claim with the center line of the Columbia Slough Road; thence N 1°39’49” E, 1826.54 feet along said east line to the southeast corner of that parcel conveyed to Mary Jane Reed in Document Number 99068084 Multnomah County Records; thence continuing along said east line 35.01 feet and the Point of Beginning; thence continuing along said east line 139.99 feet; thence N 88°20’11” W, 100.00 feet; thence S 1°39’49” W, 118.94 feet; thence S 76°50’11” W, parallel with the south property line of the above referenced parcel, to the Point of Beginning.

 

Parcel 2 - Permanent Easement (Access & Sewer Easement)

 

A tract of land situated in the Anthony Whittaker Donation Land Claim in Section 17, Township 1 North, Range 2 East, of the Willamette Meridian, in the City of Portland, County of Multnomah and State of Oregon, more particularly described as follows:

 

Commencing at a point at the intersection of the east line of the said Anthony Whittaker Donation Land Claim with the center line of the Columbia Slough Road; thence N 1°39’49” E, 1826.54 feet along said east line to the southeast corner of that parcel conveyed to Mary Jane Reed in Document Number 99068084 Multnomah County Records; thence along the southerly boundary of said parcel N 76°50’11” W, 525.70 feet to the east line of NE 63rd Avenue; thence along said east line N 11°59’19” E, 35.01 feet; thence S 76°50’11” E, to a point on said east line of the Anthony Whittaker Donation Land Claim; thence S 1°39’49” W, along said east line on said Donation Land Claim, 35.01 feet to the True Point of Beginning.

 

b.  In the event any or all of the owners of the property refuse to grant said easement under the terms offered by the City Attorney, the City Attorney is hereby authorized and directed to commence condemnation proceedings by filing an action or actions for the appropriation of the easement against the owner or any parties claiming any interest in said property. The City Attorney shall prosecute said condemnation proceedings with all reasonable diligence to carry them to final judgment.

 

c.  The City Attorney is hereby authorized and directed to take all appropriate steps to acquire possession of the above described real property by January 15, 2003, or as soon thereafter as possible in accordance with all applicable laws and regulations.

 

d.  There is hereby authorized the creation of a fund in the amount estimated to be the just compensation for each easement which shall, upon obtaining possession of said property, be deposited with the clerk of the court wherein the action is commenced for the use of the defendants in this action.

 

e.  The cost incurred by the City Attorney in connection with the acquisition herein authorized shall be charged to the Sewer System Operating Fund, Center Code #14522110, Project #6789, Account Code 561000.

 

 

 

Section 2. The Council declares that an emergency exists because a delay in acquisition of possession of the parcel described herein might result in delays in construction; therefore, this Ordinance shall be in force and effect from and after its passage by the Council.

 

 

 

 

 

 

 

 

 

 

 

 

Passed by the Council, December 26, 2002

 GARY BLACKMER

COMMISSIONER DAN SALTZMAN  AUDITOR OF THE CITY OF PORTLAND

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

December 4, 2002

\5451\ORD

   DEPUTY

BACKING SHEET INFORMATION

 

AGENDA NO. 1524-2002

 

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177171

 

COMMISSIONERS VOTED AS FOLLOWS:

 

YEAS

NAYS

FRANCESCONI

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LEONARD

X

 

SALTZMAN

X

 

STEN

X

 

KATZ

X