ORDINANCE No.  179052

*Accept easements and agreement granted for the South Airport Basin Sanitary Trunk Sewer Project and authorize payment. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Easements are required for the construction of the South Airport Basin Sanitary Sewer Trunk Project.

2.  Fairmount Financial Investment Group, Inc. has conveyed one of the required easements to the City, for the total sum of $39,700 (Exhibits A and B).

3.  Fairmount Financial Investment Group, Inc. and the City have negotiated an agreement regarding acquisition of the Easements and related matters in lieu of condemnation (Exhibit C).

NOW, THEREFORE, the Council directs:

a.  That the following described easement is hereby accepted for sewer purposes:

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PARCEL 1 – Permanent Sewer Easement

 A portion of that tract of land situated in the northeast one-quarter of Section 18, T1N, R2E, W.M., in the City of Portland, County of Multnomah, and State of Oregon, said portion more particularly described as follows:

Beginning at a point on the east line of said tract described in Document No. 94-129198 (Parcel I), recorded August 26, 1994 in Multnomah County Deed Records, said point being the southwest corner of that tract described in Document No. 95-113288, recorded September 18, 1995 in said Deed Records; thence N75°15’53”W, 10.27 feet; thence S1°39’49”W, 486.90 feet to a point on the south line of Parcel VI of said tract described in Document No. 94-129198; thence N88°20’26”W, along said southerly line, 15.00 feet; thence N1°39’49”E, 505.78 feet; thence S75°15’53”E, 25.66 feet to a point on said east line; thence S1°39’49”W, along said east line, 15.40 feet to the Point of Beginning.

PARCEL 2 – Temporary Construction Easement

A portion of that tract of land situated in the northeast one-quarter of Section 18, T1N, R2E, W.M., in the City of Portland, County of Multnomah, and State of Oregon, said portion more particularly described as follows:

 A strip of land 15.00 feet wide lying northerly and westerly of, parallel with, and adjacent to the above described permanent sewer easement.

b.  The Mayor and Auditor to draw and deliver a warrant in payment for the above described easement in the amount and in favor of the following:

Grantor:  Fairmount Financial Investment Group, Inc.    $39,700

Address:  5611 NE Columbia Boulevard

   Portland, OR 97218

Federal Taxpayer ID #: 93-1043089

Said warrant to be charged to the Sewer Operating Fund, Center Code 14522110, Project #57271, Account Code 561000.

c.  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 the right-of-way.

Section 2. The Council declares that an emergency exists because a delay in the acceptance of the easements and the agreement 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, February 16, 2005

 GARY BLACKMER

MAYOR TOM POTTER  AUDITOR OF THE CITY OF PORTLAND

Linda Birth  BY /S/ Susan Parsons

JANUARY 5, 2005  

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   DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 96-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179052