Should Portland declare property located at intersection of I-405 and SW Naito Parkway as surplus property and authorize Bureau of Transportation to dispose of property…

The City of Portland ordains.Section 1. The Council finds:The City, through its Parks & Recreation Bureau (“PP&R”), desires to construct and maintain the Steel Bridge Skatepark in Old Town. To accomplish this, the City needs to acquire property from the Oregon Department of Transportation (“ODOT”), combine it with City property currently assigned to the Portland Bureau of Transportation (“PBOT”), and include segments of PBOT dedicated public right-of- way to form the footprint of the skatepark. Lots 1 and 2, Block 5, Caruthers Addition to the City of Portland are jointly owned by the City and ODOT. The City possesses a 60% undivided interest in a 10,000 square foot property that is located within Interstate 405 and is partially situated under the SW Naito Parkway overpass, both of which are under ODOT’s jurisdictional control. A legal description of the property is attached as Exhibit A, and a site map is attached as Exhibit B, and by this reference incorporated herein (the “City Property”). ODOT and the City also jointly own Blocks 6 and 22, Couch’s Addition to the City of Portland, which are located at the west end of the Steel Bridge, situated between NW Naito Parkway, NW 1st Avenue, and NW Everett Street. Through prior transfers, the City has acquired complete ownership in portions of these said lots; however, ODOT still maintains an undivided 40% interest in certain portions. A legal description of the ODOT property interest is attached as Exhibit C, and an aerial site map is attached as Exhibit D, and by this reference incorporated herein (the “ODOT Property”). The City, ODOT, and TriMet all have jurisdictional interests and responsibilities for the various Steel Bridge ramps through agreements, and coordinate the use and maintenance of the areas occupied by, and surrounding, the bridge ramps. All rights needed to operate, maintain, repair, replace, inspect, and reconstruct the ramps and their associated infrastructure will be reserved for all three agencies as part of the skatepark project. In April of 2024, PBOT worked with the Office of Management and Finance’s City Real Property Coordinator to move the City Property through the City’s Category 1 surplus property process. Under the Category 1 process, PBOT solicited comments from the bureau and declared it to be excess to its needs. The City Real Property Coordinator then notified other City bureaus of the intent to dispose of the City Property. Having received no further interest or objections from City bureaus, the City Property is now presented to Council to be declared as surplus property for disposition. In accordance with ADM 13.02, II.A.1 and 2, Disposition of City Real Property, PBOT determined the City Property is eligible for disposition due to having an estimated market value of less than $50,000 and being acquired by another public agency for a project or asset that will not be owned by the City. ODOT has determined that the trade value of each agency’s property interests is comparable, and therefore no additional financial compensation is required by either agency. NOW, THEREFORE, the Council directs:The City Property is declared to be surplus and that PBOT is authorized to transfer the City’s 60% undivided interest to ODOT in exchange for ODOT’s interest in the ODOT Property.The City, through its City Administrator in consultation with the Mayor, is authorized to execute on behalf of the City, any and all documents required for disposition and conveyance of title to the City Property and acceptance of the ODOT Property. All documents shall be subject to approval as to form by the City Attorney or Deputy City Attorney.That within one year of the recording of the property transfer deeds between the City and ODOT, PP&R and PBOT will enter into a written agreement that describes the boundaries of the Steel Bridge Skatepark, creates springing easements or other protections for the operation and maintenance of the Steel Bridge ramps, and transfers the day-to-day control of the skatepark property to PP&R.