ORDINANCE No. 181515

*Authorize the Bureau of Environmental Services to acquire certain permanent pipeline easements for Outfall 28 necessary for construction of the East Side Combined Sewer Overflow Tunnel Project No. 7594 through the exercise of the City’s Eminent Domain Authority. (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

 1.  The Bureau of Environmental Services has designed the East Side Combined Sewer Overflow (ESCSO) Tunnel Project to comply with an Amended Stipulation and Final Order (ASFO) with the Oregon Department of Environmental Quality to reduce combined sewer overflow discharges to the Willamette River by December 2011.

2.  The ESCSO Tunnel Project alignment requires acquisition of certain public and private property interests to construct the tunnel.

3.  Acquisition efforts will be completed in accordance with Eminent Domain procedures provided for in ORS Chapter 35 (Eminent Domain; Public Acquisition of Property), including those procedures that apply to notification, valuation, negotiation and early possession if necessary.

4.  It is necessary to acquire possession of these permanent easements by April 2008, so that construction can continue on schedule.

5.  Funds are available in the Sewer System Operating Fund, FY 2007-08 Budget, Bureau of Environmental Services, Center Code 145-22-110, Project Number 7594, Account No. 561000.

NOW, THEREFORE, the Council directs:

a.  The Director of the Bureau of Environmental Services or his designee and/or City Attorney are authorized to acquire necessary permanent easements for the ESCSO Tunnel Project under the Eminent Domain Authority of the City, including filing an action to acquire the property interests described herein or negotiating just compensation with property owners within available project budget funds.

b.  There is hereby authorized the creation of a fund in the amount estimated to be the just compensation for each interest in the property, which, if necessary, shall be deposited with the clerk of the court wherein the action is commenced.

c.  The cost incurred in connection with the acquisition herein authorized shall be charged to the ESCSO Tunnel Project Land Acquisition (BES #7594).

d.  The property affected by this ordinance is described as follows:

R/W #6246-5056 (permanent pipeline easement)

A portion of that tract of land described in Deed Book 742, Page 729, recorded July 13, 1970, Multnomah County Deed Records, situated in the northeast one-quarter of Section 14, T1S, R1E, W.M., Lot 12, Block 8, HOLGATE ADDITION, City of Portland, County of Multnomah, State of Oregon. The subsurface horizontal outline of said easement is described as follows:

Beginning on the west line of SE 18^th Ave, at the southeast corner of Lot 12, Block 8, HOLGATE ADDITION; thence N 88° 37’ 42” W, along the south line of said Lot 12, a distance of 2.28 feet; thence N 01° 00’ 38” W, a distance of 50.04 feet, to the north line of said Lot 12; thence S 88° 37’ 42” E, along the north line of said Lot 12, a distance of 4.53 feet, to the west line of SE 18^th Avenue; thence S 01 34’ 18” W, along said west line, a distance of 50.00 feet to the Point of Beginning. Said easement area contains 170 square feet, more or less.

R/W #6246-5059 (permanent pipeline easement)

A portion of that tract of land described in Deed Document #2002-130138, Multnomah County Deed Records, recorded July 23, 2002, situated in the northeast one-quarter of Section 14, T1S, R1E, W.M., Lot 13, Block 8, HOLGATE ADDITION, City of Portland, County of Multnomah, State of Oregon. The subsurface horizontal outline of said easement is described as follows:

Beginning on the west line of SE 18^th Ave, at the southeast corner Lot 13, Block 8, HOLGATE ADDITION; thence N 88° 37’ 42” W, along the south line of said Lot 13, a distance of 4.53 feet; thence N 01° 00’ 38” W, a distance of 50.04 feet, to the north line of said Lot 13; thence S 88° 37’ 42” E, along the north line of said Lot 13, a distance of 6.79 feet, to the west line of SE 18^th Avenue; thence S 01° 34’ 18” W, along said west line, a distance of 50.00 feet to the Point of Beginning. Said easement area contains 283 square feet, more or less.

R/W #6246-5064 (permanent pipeline easement)

A portion of that tract of land described in Deed Document #2005-238466, Multnomah County Deed Records, recorded December 9, 2005, situated in the northeast one-quarter of Section 14, T1S, R1E, W.M., Lot 14, Block 8, HOLGATE ADDITION, City of Portland, County of Multnomah, State of Oregon. The subsurface horizontal outline of said easement is described as follows:

Beginning on the west line of SE 18^th Ave, at the southeast corner Lot 14, Block 8, HOLGATE ADDITION; thence N 88° 37’ 42” W, along the south line of said Lot 14, a distance of 6.79 feet; thence N 01° 00’ 38” W, a distance of 50.04 feet, to the north line of said Lot 14; thence S 88° 37’ 42” E, along the north line of said Lot 14, a distance of 9.04 feet, to the west line of SE 18^th Avenue; thence S 01° 34’ 18” W, along said west line, a distance of 50.00 feet to the Point of Beginning. Said easement area contains 396 square feet, more or less.

R/W #6246-5067 (permanent pipeline easement)

A portion of that tract of land described in Deed Document #2006-076847, Multnomah County Deed Records, recorded April 27, 2006, situated in the northeast one-quarter of Section 14, T1S, R1E, W.M., Lot 15, Block 8, HOLGATE ADDITION, City of Portland, County of Multnomah, State of Oregon. The subsurface horizontal outline of said easement is described as follows:

Beginning on the west line of SE 18^th Ave, at the southeast corner Lot 15, Block 8, HOLGATE ADDITION; thence N 88° 37’ 42” W, along the south line of said Lot 15, a distance of 9.04 feet; thence N 01° 00’ 38” W, a distance of 50.04 feet, to the north line of said Lot 15; thence S 88° 37’ 42” E, along the north line of said Lot 15, a distance of 11.30 feet, to the west line of SE 18^th Avenue; thence S 01° 34’ 18” W, along said west line, a distance of 50.00 feet to the Point of Beginning. Said easement area contains 508 square feet, more or less.

R/W #6246-5070 (permanent pipeline easement)

A portion of that tract of land described in Document #95-050378, Multnomah County Deed Records, recorded April 28, 1995, situated in the northeast one-quarter of Section 14, T1S, R1E, W.M., Lot 16, Block 8, HOLGATE ADDITION, City of Portland, County of Multnomah, State of Oregon. The subsurface horizontal outline of said easement is described as follows:

Beginning on the west line of SE 18^th Ave, at the southeast corner Lot 16, Block 8, HOLGATE ADDITION; thence N 88° 37’ 42” W, along the south line of said Lot 16, a distance of 11.30 feet; thence N 01° 00’ 38” W, a distance of 47.42 feet, to the southwesterly line of SE McLoughlin Blvd; thence S 53° 37’ 47” E, along said southwesterly line, a distance of 16.36 feet to the west line of SE 18^th Avenue; thence S 01 34’ 18” W, along said west line, a distance of 38.00 feet to the Point of Beginning. Said easement area contains 523 square feet, more or less.

e.  The Commissioner of Public Utilities and Auditor are hereby authorized to draw and deliver warrants chargeable to the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority.

Section 2.  The Council declares that an emergency exists because delay in property acquisition at this location may result in a delay in construction and impact the overall project completion. Therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council: January 09, 2008          Gary Blackmer

Sam Adams

Commissioner of Public Utilities            Auditor of the City of Portland

                   /s/Susan Parsons

Patty Nelson

January 2, 2008                Deputy

[145-22-110/54900/7594 – ord]

BACKING SHEET INFORMATION

AGENDA NO. 47-2008

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181515