ORDINANCE No. 182483

*Authorize a non-exclusive access easement to Metro and Clackamas County for property jointly owned by Metro and Clackamas County adjacent to the Springwater Corridor (Ordinance).

The City of Portland ordains:

Section 1. The Council finds:

 1.  Ordinance No. 182262 authorized the Bureau of Environmental Services (BES) to enter into an intergovernmental agreement (IGA) with Metro and the North Clackamas Parks and Recreation District for the purpose of acquiring certain property adjacent to the Springwater Trail. The acquisition, if completed, will, among other things, enable BES to complete improvements to the Lents Interceptor Sewer and to complete high priority Johnson Creek restoration efforts on the acquired property.

 2.  A specific condition of the IGA was that BES facilitates the granting of necessary access rights over the adjacent Springwater Trail to Metro and Clackamas County, for the purpose of providing limited access rights over the Springwater Trail to the property being acquired by Metro and Clackamas County.

 3.  The Bureau of Parks and Recreation (PPR) has negotiated an easement (the Easement) with Metro and Clackamas County which achieves the intent of the IGA and complies with policies passed by City Council for the use of the Springwater Corridor (PRK-1.03, Springwater Corridor- Non-Park Uses). The Easement is attached as Attachment A.

 4.  The Easement is solely for access by employees or contractors of the Grantees and not the general public. Metro and Clackamas County intend to acquire access elsewhere to accommodate access needs of the general public. The Easement will terminate at the time that other access rights are acquired or in twenty years, whichever comes sooner.

 5.  The Grantees will be responsible for repairing damage caused by their activities under the Easement and may contribute to annual maintenance costs for this section of the Springwater Corridor under certain circumstances.

NOW, THEREFORE, the Council directs:

a.  Subject to being provided with sufficient proof that Metro and Clackamas County have acquired the property to be benefited by the Easement, the Commissioner in Charge of the Parks and Recreation Bureau is herby directed to execute an easement substantially similar to Attachment A, granting limited access rights to Metro and Clackamas County, on and over land within the Springwater Corridor.

b.  The Auditor is hereby directed to file a copy of the executed right of way easement with Multnomah County for recording in the appropriate County records.

Section 2. The Council declares that an emergency exists so that construction of the permitted improvements, scheduled to begin in June, are not delayed; therefore this ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council: January 22, 2009  Gary Blackmer

Commissioner Fish          Auditor of the City of Portland

Prepared by: Steve Planchon:kmg        By: /s/ Susan Parsons

January 8. 2009            Deputy

BACKING SHEET INFORMATION

AGENDA NO. 47-2009

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182483