ORDINANCE No. 177310

*Accept execution of an easement for the West Side Combined Sewer Overflow Tunnel Project granted by Hoyt Street Properties, LLC and authorize total payment of $59,500 (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Right-of-way is required for the construction of the West Side Combined Sewer Overflow (CSO) Tunnel Project.

2.  Hoyt Street Properties, LLC, has conveyed the required rights-of-way to the City, for the total sum of $59,500.

3.  The City of Portland should now authorize execution of the easement.

NOW, THEREFORE, the Council directs:

a.  That the following described easements are hereby accepted for sewer purposes:

R/W #6075-6-P-1

Two tracts of land situated in the southeast one-quarter of Section 28, T1N, R1E, W.M., in the County of Multnomah and State of Oregon, more particularly described as follows:

Parcel 1

A portion of Block 245, Couch's Addition to the City of Portland, and a portion of vacated NW Raleigh Street described as commencing at the northeast corner of said Block 245; thence S 00°03'58" E along the east line of said Block 245, a distance of 41.79 feet to the True Point of Beginning of the tract herein to be described; thence continuing S 00°03'58" E along said east line, a distance of 17.55 feet to a point that is 12.50 feet southwesterly, when measured at right angles, from the proposed pipeline; thence N 39°15'50" W parallel with said pipeline, a distance of 78.70 feet to a point in the southwesterly line of the Portland Terminal Railway Company right-of-way; thence S 48°57'30" E along said right-of-way, a distance of 66.06 feet to the True Point of Beginning.

Containing an area of 438 square feet or 0.0100 acres.

Parcel 2

A portion of Block 244, Couch's Addition to the City of Portland, described as commencing at the southwest corner of said Block 244; thence N 00°03'58" E along the west line of said Block 244, a distance of 41.00 feet to the True Point of Beginning of the tract herein to be described; thence continuing N 00°03'58" E along said west line, a distance of 65.09 feet to a point in the southwesterly line of the Portland Terminal Railway Company right-of-way; thence S 48°57'30" E along said right-of-way, a distance of 31.79 feet to a point that is 24.00 feet easterly, when measured at right angles, from the west line of said Block 244; thence S 00°03'58" W parallel with said west line, a distance of 44.25 feet; thence N 89°56'02" W, a distance of 24.00 feet to the True Point of Beginning.

Containing an area of 1,312 square feet or 0.0301 acres.

R/W #6075-6-P-2

A portion of Block 14, Watson's Addition to the City of Portland and a portion of NW Thurman Street vacated by Ordinance 41380 situated in the southeast one-quarter of Section 28, T1N, R1E, W.M., in the County of Multnomah and State of Oregon, more particularly described as follows:

Beginning at the northwest corner of Block 14, Watson's Addition; thence S 89°56'02" E along the north line of said Block 14, a distance of 20.00 feet; thence N 41°03'53" E at right angles to the westerly line of NW Front Avenue, a distance of 34.87 feet to a point that is 25.00 feet westerly, when measured at right angles from the centerline of Portland Terminal Company's southerly main track; thence S 48°57'30" E parallel with and 25.00 feet westerly from said southerly main track, a distance of 40.00 feet; thence S 42°39'34" W, a distance of 107.97 feet to a point in the west line of Block 14, Watson's Addition; thence N 00°03'58" E along said west line, a distance of 79.40 feet to the Point of Beginning.

Containing an area of 3,598 square feet or 0.083 acres.

Together with a temporary construction easement for the original construction of the West Side CSO Tunnel Project described as follows:

R/W #6075-6-TCE

A portion of Block 244, Couch's Addition to the City of Portland, situated in the southeast one-quarter of Section 28, T1N, R1E, W.M., in the County of Multnomah and State of Oregon, more particularly described as follows:

Beginning at the southwest corner of said Block 244; thence N 00°03'58" E along the west line of said Block 244, a distance of 41.00 feet; thence S 89°56'02" E, a distance of 24.00 feet; thence S 00°03'58" W, a distance of 41.00 feet to a point in the south line of said Block 244; thence N 89°56'02" W along said south line, a distance of 24.00 feet to the Point of Beginning.

Containing an area of 984 square feet or 0.0226 acres.

b.  The Director of the Bureau of Environmental Services is hereby authorized to execute the Sewer Easement and Temporary Construction Easement attached hereto as Exhibit A and pay the consideration of $59,500.

c.  The Mayor and Auditor are authorized to draw and deliver a warrant in payment for the above described easements in the amount and in favor of the following:

Grantor:  Hoyt Street Properties, LLC      $59,500

Address:  Jim Mitchell

   Hoyt Street Properties, LLC

   809 NW 11^th Avenue

   Portland, OR. 97209

Federal Taxpayer ID #: 93-1131356

said warrant to be charged to the Sewer System Operating Fund, Center Code 14522110, Project #6680, Account Code 561000.

d.  That the Right-of-Way Acquisition Section, Transportation Engineering and Development shall record in the appropriate deed records, documents of title as necessary for acquisition of these rights-of-way.

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

Passed by the Council, MAR 12 2003

GARY BLACKMER

COMMISSIONER DAN SALTZMAN  AUDITOR OF THE CITY OF PORTLAND

MSW:MPN:clm  BY /S/SUSAN PARSONS

FEBRUARY 25, 2003

_{\6075\6-ORD-PAY}  

                   DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 221-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177310