ORDINANCE No. 178426

Vacate certain portions of NW 6^th Avenue and NW Johnson Street, under certain conditions. (Ordinance by Order of Council; [VAC-10013])

The City of Portland ordains:

Section 1. The Council finds:

1.  On March 24, 2004, the Council of the City of Portland adopted Resolution No. 36207 instituting proceedings for the vacation of certain portions of NW 6^th Avenue and NW Johnson Street.

2.  The petition states that the reason for the vacation is to facilitate construction of the Sixth Avenue Extension/Union Station Forecourt Project.

3.  The vacation is recommended by the Commissioner of Public Utilities under certain conditions set forth in the directive action below.

4.  In accordance with ORS 271.100, the Council fixed a time and place for public hearing before the Council; the Auditor published notice thereof, and posted notice in the areas proposed for vacation.

5.  Other procedural requirements of ORS 271 have been complied with, and the Council having held a public hearing, finds no objections were made or filed hereto, and it is in the public interest that said street be vacated.

NOW, THEREFORE, the Council directs:

a.  The following described street area, as shown on the attached Exhibit A, is hereby vacated:

R/W #6095-V

A part of vacated Couch's Addition to the City of Portland in the southwest one-quarter of the northwest one-quarter of Section 34, T1N, R1E, W.M., in the County of Multnomah and State of Oregon, more particularly described as follows:

Commencing at the intersection of the west line of NW Broadway Avenue and the north line of NW Johnson Street; thence S 89°55'23" E along said north line of NW Johnson Street, a distance of 41.812 meters to the True Point of Beginning; thence S 89°55'23" E continuing along said north line, a distance of 47.404 meters; thence S 39°41'39" E along the northeasterly line of NW 6th Avenue at NW Johnson Street, a distance of 13.006 meters to a point on the east line of NW 6th Avenue; thence S 0°04'37" W along said east line, a distance of 59.921 meters; thence N 38°28'41" W, a distance of 29.342 meters to the west line of NW 6th Avenue; thence N 0°04'37" E along said west line, a distance of 16.492 meters; thence N 27°55'23" W along the southwesterly line of NW 6th Avenue, a distance of 2.493 meters; thence along said southwesterly line along a 21.336 meter radius curve to the left, through a central angle of 34°03'45", an arc distance of 12.684 meters (the chord bears N 44°33'12" W, 12.498 meters); thence N 63°52'23" W along said southwesterly line, a distance of 2.493 meters to the south line of NW Johnson Street; thence N 89°55'22" W along said south line, a distance of 10.670 meters; thence N 38°28'41" W crossing NW Johnson Street, a distance of 23.386 meters to the True Point of Beginning.

Containing an area of 1,636.641 square meters or 0.163364 hectares of land.

b.  The vacation of the above described street area is granted subject to the following conditions and restrictions:

(1)  That the Petitioner has paid to the City the sum of $3,000, this being the estimated cost of these vacation proceedings, and that the Petitioner shall be responsible for payment of all additional costs incurred in excess of the estimated costs already paid; the City Engineer may require the Petitioner to make additional payments as needed to process the vacation, and all costs shall be paid prior to recording of the vacation Ordinance.

(2)  Nothing herein contained shall cause or require the removal or abandonment of any sewer, water or gas main, conduit of any kind, wire, pole or thing used, or intended to be used, for any public service, and the right hereby is reserved for the owner of any such utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild, and/or enlarge any and all such thing; that no building or structure of any kind shall be built or erected within a distance of ten (10) feet from the centerline of any such utility, except with the prior written consent of the City Engineer and the owner of the utility and that any and all contemplated building plans in said vacated area shall be submitted for approval to the City Engineer and to the Director of the Bureau of Buildings, to the end that such construction may be so adjusted with reference to all public utilities in said areas as to cause a minimum of danger or inconvenience to the public and to the owner of such utility and to protect and preserve the same as presently constructed or hereinafter reconstructed, renewed, replaced and/or enlarged.

 (3)  In order to realign NW 6^th Avenue the Portland Development Commission shall dedicate, at no cost to the City, the following described parcels as public street:

 R/W #6095-D

Parcel 1 (Portion North of NW Johnson Street)

A part of vacated Couch's Addition to the City of Portland in the southwest one-quarter of the northwest one-quarter of Section 34, T1N, R1E, W.M., in the County of Multnomah and State of Oregon, more particularly described as follows:

Beginning at the intersection of the west line of NW Broadway Avenue and the north line of NW Johnson Street; thence N 0°04'37" E along the westerly extension of NW Broadway Avenue, a distance of 122.079 meters; thence N 53°03'17" E, a distance of 18.836 meters; thence S 38°23'33" E, a distance of 7.375 meters; thence S 0°04'37" W parallel to said west line of NW Broadway Avenue extended, a distance of 94.942 meters; thence S 10°12'56" E, a distance of 2.552 meters; thence S 33°11'31" E, a distance of 19.814 meters; thence S 38°28'41" E, a distance of 17.425 meters to the north line of NW Johnson Street; thence N 89°55'23" W along said north line, a distance of 41.812 meters to the Point of Beginning.

Containing an area of 2,846.543 square meters or 0.284654 hectares of land.

 Parcel 2 (Portion South of NW Johnson Street)

A part of vacated Couch's Addition to the City of Portland in the southwest one-quarter of the northwest one-quarter of Section 34, T1N, R1E, W.M., in the County of Multnomah and State of Oregon, more particularly described as follows:

Commencing at the intersection of the east line of NW Broadway Avenue and the south line of NW Johnson Street; thence S 89°55'23" E along said south line of NW Johnson Street, a distance of 14.166 meters to the True Point of Beginning; thence S 89°55'23" E continuing along said south line, a distance of 23.932 meters; thence S 38°28'41" E, a distance of 36.679 meters to a point on the west line of NW 6th Avenue; thence S 0°04'37" W along said west line, a distance of 30.028 meters; thence N 38°28'41" W, a distance of 75.077 meters to the True Point of Beginning.

Containing an area of 1,045.768 square meters or 0.104577 hectares of land.

(4)  That the Portland Development Commission shall pay the cost to have Portland General Electric remove two street lights and poles from the area proposed for vacation.

(5)  In order to provide for the maintenance, operation, repair, reconstruction, replacement, and enlargement of the existing 18-inch combination public sewer located in the portions of NW 6^th Avenue and NW Johnson Street proposed for vacation, a 20-foot wide easement for sewer purposes is hereby reserved, as shown on the attached Exhibit B, through, under, and along the following described parcel:

   R/W #6095-SE

A part of vacated Couch's Addition to the City of Portland in the southwest one-quarter of the northwest one-quarter of Section 34, T1N, R1E, W.M., in the County of Multnomah and State of Oregon, more particularly described as follows:

Commencing at a 5/8" iron rod with yellow plastic cap at the southeast corner of Block 193, Couch's Addition to the City of Portland; thence S 89°55'23" E along the north line of NW Johnson Street, a distance of 41.812 meters to a point; thence S 38°28'41" E, a distance of 8.964 meters to the True Point of Beginning; thence S 89°55'23" E, a distance of 41.980 meters; thence S 38°19'51" E, a distance of 4.789 meters; thence S 0°04'37" W, a distance of 52.653 meters; thence N 38°28'41" W, a distance of 9.781 meters; thence N 0°04'37" E, a distance of 42.661 meters, thence N 89°55'23" W, a distance of 34.001 meters; thence N 38°28'41" W, a distance of 7.795 meters to the True Point of Beginning.

Containing an area of 537.032 square meters or .054 hectares of land.

(6)  The easement reserved in Condition 5 above, is reserved with the following conditions:

(a)  The sewer easement is an exclusive easement granted to the City of Portland. No other utilities, facilities, or easements are to be located within the boundaries of this easement without the prior written consent of the Chief Engineer of the Bureau of Environmental Services, City of Portland.

(b)  The sewer easement includes the right of access for construction, inspection, maintenance, or other sewerage system activities.

(c)  No building construction, material storage, grade reduction, or tree planting shall be permitted within this sewer easement without the prior written consent of the Chief Engineer of the Bureau of Environmental Services, City of Portland.

(d)  Landscaping which by its nature is shallow-rooted and may be easily removed to permit access to the sewer lines shall not require consent.

(7)  That the Portland Development Commission shall pay the cost to:

(a)  Cut and plug, at the new property lines, the 6-inch water main in NW 6^th Avenue and NW Johnson Street.

(b)  Install a new water main in the newly dedicated NW 6^th Avenue right-of-way.

(c)  Either relocate southward to the new property lines the water services to 800 NW 6^th Avenue and 800 NW Broadway Avenue, or have those services permanently removed.

(8)  That in the event that Petitioner fails to fully comply with the above conditions within one year after the effective date of the vacating Ordinance, said Ordinance will then be subject to repeal by the Council.

Section 2. Petitioner shall file with the City Auditor, in form approved by the City Attorney, a document in writing, accepting the terms and conditions of the Ordinance.

Section 3. Notice is given that the street vacation becomes effective only after a certified copy of the vacating Ordinance has been recorded in Multnomah County Deed Records. Prerequisites to recording the vacating Ordinance are that 30 days have passed after final Council passage of the Ordinance, that all conditions of the vacating Ordinance have been met, and that all vacation costs have been paid.

Section 4. After the prerequisites to recording the Ordinance have been met, upon request, the Auditor shall return a certified copy of this Ordinance and the acceptance thereof, to the Right-of-Way Acquisition Section, Transportation Engineering and Development, which shall, at the expense of the Petitioner, file with the recorder, the assessor, and the surveyor of the county in which said property is located, the certified copy of this Ordinance and the acceptance, and any map, plat or other record which may be required by law. The Right-of-Way Acquisition Section shall return the recorded Ordinance to the Auditor.

Passed by the Council, May 26, 2004

             GARY BLACKMER

Mayor Vera Katz          AUDITOR OF THE CITY OF PORTLAND

April 29, 2004            BY /S/ Susan parsons

MARCIA S. WILDER

_{\6095\ORD STV}                  DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 530 567-2004

ACTION TAKEN: MAY 19, 2004 PASSED TO SECOND READING MAY 26, 2004 9:30AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178426