ORDINANCE No. 177204

*  Authorize purchase of a trail easement from Joseph and Cathy Dennis across a portion of 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.  Joseph and Cathy Dennis, property owners along this route, have offered to sell a grant deed of trail easement (substantially per Exhibit A “Columbia Slough Trail Easement”) for $5,000, 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 1N1E10BB-01000, is more particularly described in Exhibit A(A), Description of Property.

6.  The trail 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, illustrated in Exhibit A(C), Map of Trail Easement.

7.  Portland Parks and Recreation (“Parks”) has determined that acceptance of the trail easement donation will add to the 40 Mile Loop trail inventory and that this is in the public interest and for the general benefit of the people of the City of Portland.

8.  The Director of Parks estimates that the ongoing maintenance cost will be $100 per year.

NOW, THEREFORE, The Council directs:

a.  The Commissioner of Public Utilities is authorized to execute all documents, once approved as to form by the City Attorney, authorizing the purchase of a trail easement on the Dennis Property described in Exhibit A;

b.  The Mayor and Auditor are hereby authorized to draw and deliver warrants payable to Joseph and Cathy Dennis chargeable to General fund accounts 76610100

c.  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 the ongoing maintenance costs. The Office of Finance and Administration is directed to transfer $100 from the General Fund O&M set-aside to the Parks ongoing budget target effective FY2003-04 to pay the ongoing maintenance expenses

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

Passed by the Council: JAN 22 2003        GARY BLACKMER

Auditor of the City of Portland

Commissioner Francesconi

Prepared by: Riley Whitcomb          By /S/ Susan Parsons

January 13, 2003

Deputy

BACKING SHEET INFORMATION

AGENDA NO. 51-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177204