ORDINANCE No. 179855

*Authorize a Lease Agreement with Fox Tower, LLC to construct, use and maintain a parking structure under a City street (Ordinance)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  Fox Tower, LLC is requesting permission to construct, use and maintain a parking structure under SW Park Street, between SW Yamhill and SW Taylor.

2.  The area is not used for vehicle traffic; will not be needed for public purposes for the term of the lease; will not interfere with any public utility use of the street area; and will give the best return to the City for use of the lease area.

3.  The City Engineer has reviewed the proposed encroachment into the public right-of-way and, subject to Lessee complying with certain conditions, has determined the use to be consistent with approval criteria and policies as outlined in the City Policy “Encroachments in the Public Right-of-Way, ” adopted in 1982.

NOW, THEREFORE, the Council directs:

a.  The Commissioner of Public Utilities and the Auditor are hereby authorized to enter into a Subsurface Lease substantially the same as Exhibit A hereto.

b.  The Office of Transportation Right-of-Way Acquisitions Section is hereby authorized to record the Subsurface Lease in the Deed of Records of Multnomah County, once it is fully executed by Fox Tower, LLC, the Commissioner of Public Utilities and the City Auditor.

Section 2.  The Council declares that an emergency exists because to do otherwise would unnecessarily delay construction resulting in increased construction costs to Fox Tower, LLC and delayed rents to the City; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.  

Passed by the Council, January 04, 2006  GARY BLACKMER

 Auditor of the City of Portland

 By /S/Susan Parsons

Commissioner Sam Adams    

Dee Anna Walker:slg              

December 19, 2005      

 Deputy

BACKING SHEET INFORMATION

AGENDA NO. 13-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179855