ORDINANCE No. 182507

*Designate a strip of City owned property abutting NE San Rafael Street as public right-of-way and assign it to the Bureau of Transportation (Ordinance)

The City of Portland ordains:  

Section 1.  The Council finds:

1.  The City of Portland, by and through its Portland Water Bureau, owns property located on NE San Rafael Street between NE 134^th Place and NE 137^th Avenue, as described herein (the “Property”).

2.  When NE San Rafael Street right of way was created, the southern most portion of historic Tax lot 52, south of the newly created public right-of-way was not dedicated as public right-of-way.

3.  The previous property owner was the “Richland Water District”, a quasi municipal corporation of the State of Oregon (hereinafter referred to as “Richland WD”). The Richland WD was dissolved and annexed into the City of Portland, Per City of Portland Resolution No. 34510, effective as of March 29, 1989.

4.  Subsequent to and as a result of said Resolution and annexation, and by operation of law, the Property became an asset, in the form of a real property capital asset of the Water Fund of the Water Bureau.

5.  Oregon Revised Statutes (ORS 222.510) provides that whenever the entire area of a water district becomes annexed to a city, the district shall be extinguished and the City shall succeed to all the assets and become charged with all of the liabilities, obligations and functions of the district.

6.  Portland Water Bureau has determined that there are no facilities in the Property and offers no present or potential future value or function as part of the municipal water system operation. Therefore, the Property should be added to the adjacent right-of-way for public use.

7.  The recommended designation and assignment will not detrimentally impact the Water Bureau and will not result in unbudgeted costs to the City.

NOW, THEREFORE, the Council directs:

a.  That the following described City property is hereby designated as public right-of-way and assigned to the Bureau of Transportation.

 A portion of Lot 10, RICHLAND, within the southeast one-quarter of Section 26, T1N, R2E, W.M., in the City of Portland, County of Multnomah, State of Oregon, described as follows:

   That tract of land described in Deed from Bishop Moorhead to Richland Water District, a quasi municipal corporation, recorded April 12, 1956 as Fee 14887 in Book 1778, Page 343 of the Deed Records of Multnomah County, Oregon; more particularly described as follows:

   Beginning at a point that is North 88° 26’ East a distance of 719.98 feet and North 0° 55’ a distance of 1319.93 feet from the one-quarter section corner common to Sections 26 and 35, Township 1 North, Range 2 East of the Willamette Meridian, and running thence North 89°05’ East a distance of 610.12 feet; thence North 0°55’ East a distance of 30 feet; thence South 89° 05’ West a distance of 610.12 feet; thence South 0°55’ West a distance of 30 feet to the Point of Beginning.

SAVE AND EXCEPT all that portion of the tract described above lying within the public

right-of-way of NE San Rafael Street.

b.  That the Auditor shall return a certified copy of this Ordinance to the Right of Way Acquisition Section, Bureau of Transportation, for recording in the Multnomah County Deed Records; Right of Way Acquisition shall return the recorded Ordinance to the Auditor and send a copy to the Portland Water Bureau.

Section 2.  The Council declares that an emergency exists because a delay in designating and assigning the herein described property as public street right-of-way might cause confusion in the public records; therefore, this Ordinance shall be in full force and effect from and after its passage by the City Council.

Passed by the Council, February 04, 2009

 GARY BLACKMER

 Auditor of the City of Portland

Mayor Sam Adams  By /s/ Susan Parsons  

Prepared by: Teresa Talbott: slg

Date Prepared: January 5, 2009  Deputy  

BACKING SHEET INFORMATION

AGENDA NO. 97-2009

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182507