*Authorize Bureau of Transportation to acquire certain temporary rights necessary for construction of the NE Shaver Sidewalk, 102nd to 115th Avenue Project, through the exercise of the City’s Eminent Domain Authority

The City of Portland may exercise the power of eminent domain pursuant to Section 9-108 of the City Charter and 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, relocation and early possession if necessary, when the exercise of such power is deemed necessary by the City Council to accomplish public purposes for which the City has responsibility. The City of Portland has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public. The NE Shaver Sidewalk, 102 nd to 115 th Avenue Project (the “Project”) will construct new sidewalks and ADA ramps along the south side of NE Shaver Street, between NE 102 nd and NE 115th Avenues, a key walking route for students attending three schools in the Parkrose district: Parkrose Middle, Parkrose High, and Prescott Elementary. Further improvements include upgrades to stormwater facilities and bus stops, new streetlights and street trees. To accomplish the Project set forth above, it is necessary to acquire the following property interests described and depicted in Exhibits 1 through 57, attached to this Ordinance and, by this reference incorporated herein. All affected property owners have been contacted and informed as to the City’s need for certain private property rights related to the completion of the Project. All affected property owners have been invited, by mail, to attend the reading of this agenda item.

Property values associated with the property rights acquisitions have not yet been quantified since negotiations are not completed; however, an estimate for the right of way phase has been budgeted in the Transportation Operating Fund. The level of confidence for the estimate is moderate. Funds are available in the Transportation Operating Fund Budget, FY 2024-2025 and FY 2025-2026 Budgets, SAP # T01049. This legislation does not affect staffing levels or result in a new or modified financial obligation or benefit now or in the future. If City Council does not approve the ordinance, construction of the Project will not be feasible as planned, due to the lack of property rights needed to make the improvements.

Not applicable

This Project is a long-awaited improvement for the Parkrose School District and its neighbors. NE Shaver Street is a key walking route for three schools in the district: Parkrose Middle, Prescott Elementary, and Parkrose High School. The middle and high schools are located directly on Shaver. NE Shaver Street also serves TriMet’s 22 bus line. Currently, the lack of sidewalks forces students and residents to walk on unprotected shoulders or in the roadway alongside school buses, TriMet buses and other vehicle traffic. When rain causes pooling or muddy conditions, or when vehicles park in the shoulder, pedestrians are pushed further into the travel way. Parkrose is one of the most racially and ethnically diverse communities in Oregon, and the school district serves many low-income and high needs students. The neighborhood and its students will greatly benefit from safer options to access school, playing fields, the running track, and transit stops. Public Involvement Timeline 2017 PBOT’s Safe Routes to School program held an in-person and online open house for families and students to understand barriers to walking to school that would help inform where to spend Fixing Our Streets funds and identify primary walking routes. NE Shaver Street was identified as a major barrier for Parkrose students and families. Safe Routes to School attended meetings with Parkrose school administrators, tabled at Parkrose school events and held in-class discussions around walking routes and barriers. NE Shaver’s lack of sidewalks was frequently mentioned. 2018 Grant application for NE Shaver submitted to ODOT’s Safe Routes to School Competitive Infrastructure grant program with letters of support from Parkrose School District (SD) and Parkrose Neighborhood Association (NA); grant funding was awarded to another project 2020 Successful grant application for NE Shaver submitted to ODOT with letters of support from Parkrose School District (SD) and Parkrose Neighborhood Association (NA) 2024 Met virtually with Parkrose SD transportation staff to share project status and neighborhood updates Met virtually and in-person with pastor and leadership of Iglesia Adventista del Séptimo Día to discuss project details related to their property and parking lot Mailed letters to adjacent property owners with project information, directing them to Portland Maps to review existing right-of-way lines, and inviting them to Parkrose NA meeting Attended May Parkrose NA meeting to share project status and answer questions 2025 Sent email newsletter sharing project status updates and an invitation to Parkrose NA meeting Attended January Parkrose NA meeting to share project status and answer questions Met with Parkrose SD superintendent and transportation staff to share project design and timeline updates Met twice with pastor and leadership of Iglesia Adventista del Séptimo Día to discuss project details related to their property and parking lot Mailed letters to adjacent property owners informing them of project design and planned impacts to areas public right-of-way in front of their properties, and offering in-person meetings at their properties