ORDINANCE No. 179874

Vacate a portion of SE Long Street west of SE 40^th Avenue subject to certain conditions and reservations (Hearing; Ordinance; VAC-10024)

The City of Portland ordains:

Section 1. The Council finds:

1.  On February 1, 2005, the Office of the City Auditor certified a petition for the vacation of a portion of SE Long Street west of SE 40^th Avenue, with the petition initiated by Peter Fraser, Joanne Mehl and Jackie Langlois, the owners of adjoining property.

2.  The petition states that the reason for the vacation is to consolidate property.

3.  The vacation is consistent with recommendations made by the City Engineer and Planning Commission, as provided in the City Engineer's Report, dated November 4, 2005 and on file with the Office of the City Auditor.

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 area 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 depicted on the attached Exhibit 1, is hereby vacated:

R/W #6473

That portion of SE Long Street, located in the northeast quarter of Section 13, T1S, R1E, W.M., in the City of Portland, County of Multnomah, State of Oregon, lying between the west line of SE 40^th Avenue and the east line of the previously vacated portion of SE Long Street east of SE 39^th Avenue (as vacated by Ordinance No. 151680, passed by City Council on June 3, 1981), containing 5,700 square feet, more or less.

b.  The vacation of the above-described street area is granted subject to the following conditions, reservations and understandings:

1.  The Petitioner will permanently close SE Long Street where it intersects with SE 40th Avenue, and pay all costs for constructing a curb, sidewalk and driveway, in accordance with the requirements of the City Engineer.

i)  To ensure the completion of the required street improvements, the Petitioner shall provide to the City Engineer, Street Systems Management Section, a performance guarantee in the form of a surety bond, letter of credit, set-aside account, cash, or other form of surety, subject to approval by the City Attorney. The Petitioner acknowledges that the performance guarantee indicated is a preliminary estimate subject to change, and agrees to provide additional guarantee and/or fees as required by the City Engineer.

ii)  The Petitioner will authorize the City to complete the required street improvements at the Petitioner's cost, in the event that the City Engineer, at his sole discretion, determines that the improvements are not being made as required in a reasonable time.

iii)  Upon completion of the required improvements by the Petitioner, and acceptance by the City Engineer, the Petitioner shall guarantee maintenance of the improvements for two (2) years following the date of project acceptance. The maintenance guarantee may be satisfied by the performance guarantee, or by substitution of other surety acceptable to the City Attorney and equal to 20% of the performance guarantee. Upon acceptance by the City of a 20% maintenance guarantee, the street improvements performance guarantee will be released.

iv)  Prior to the issuance of a Certificate of Completion by the City Engineer, fees collected by the City in association with street closure work will be reconciled with actual City costs, with Petitioner to receive from or pay to the City the net difference. In the event of non-payment by the Petitioner, the street improvement performance bond will be used to reimburse City costs. Use of the performance bond by the City will not preclude the City from billing to and collecting from the Petitioner those costs incurred by the City that were in excess of the performance bond.

2.  Petitioners shall acquire a reciprocal access easement from adjacent property for shared use of the existing driveway.

3.  A 12 foot wide public walkway easement is hereby reserved centered over an existing public combination sewer line.

4.  An Eastern Red Cedar in the right-of-way shall be retained and protected.

5.  A 20 foot wide public sewer easement is hereby reserved to provide for the maintenance, operation, repair, reconstruction, replacement and enlargement of the existing public sewer facility. The 20 foot wide easement shall be centered on the existing sewer facility, along the entire length of the vacated street area.

This easement is reserved on the condition that no building construction, material storage, filling, grade change or tree planting will be permitted within said easement area without the prior written consent of the Director of the Bureau of Environmental Services, and further that the City or its contractors will not be responsible for damage to any improvements, including landscaping existing on the easement area, if such things are damaged or destroyed by the City or its contractors in the course of reconstruction or maintenance of the existing public sewer facility.

6.  In accordance with ORS 271.120 and City of Portland policy, the street vacation ordinance shall not 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, including, but not limited to those identified by Portland General Electric. The ordinance will reserve 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 Development Services, 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. Removal or relocation of existing utilities in the street vacation area will require written agreements between the Petitioner and owner(s) of the utilities.

7.  Notwithstanding Condition 6 above and except for Condition 5 above, this Ordinance will serve as a full release of City interests in the street vacation area and will provide City Bureaus with the authority necessary to take all other legal actions as may be reasonably necessary (including the issuance of quitclaim deeds acknowledging the release of any interests) to achieve this intent.

8.  City costs associated with processing the street vacation petition shall be paid in full before the City records this Ordinance.

9.  In the event the Petitioner fails to fully comply with Conditions 1 through 8 within one year of Council adopting this Ordinance, City Council may repeal the Ordinance at its sole discretion.

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 will not be effective until a certified copy of the vacating Ordinance has been recorded by the City in Multnomah County Deed Records, which will not be done until after all conditions required by the City have been fully satisfied.

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, January 11, 2006

 GARY BLACKMER

 AUDITOR OF THE CITY OF PORTLAND

Commissioner Sam Adams  BY /S/ Susan Parsons

Linda Birth:slg

December 22, 2005                DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 25 51-2006

ACTION TAKEN:

JANUARY 04, 2006 PASSED TO SECOND READING JANUARY 11, 2006 9:30 AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179874