ORDINANCE NO. 13,711

AN ORDINANCE vacating a portion of the right-of-way at the northwest corner of 3rd and Locust Streets.

WHEREAS, all prior requirements of law pertaining to the vacation of public right-of-way have been fully observed; and

WHEREAS, it is desirable that the public right-of-way herein described be vacated; NOW, THEREFORE,

BE IT ORDAINED by the City Council of the City of Des Moines, Iowa:

Section 1. The following described portion of the right-of-way at the northwest corner of 3rd and Locust Streets is hereby vacated:

That part of the 3rd Street right-of-way lying East of and adjoining Lot 3, Block 6, BIRD=S ADDITION TO DES MOINES, an Official Plat, and that part of the Locust Street right-of-way lying South of and adjoining said Lot 3, described as follows:

Beginning at the Southeast Corner of said Lot 3; thence North along the East line of said Lot 3, a distance of 57.75 feet; thence East at a right angle from the East line of said Lot 3, a distance of 5.00 feet; thence southeasterly in a straight line, a distance of 11.21 feet to a point that is 49.0 feet North and 12.00 feet East of the Southeast corner of said Lot 3; thence South parallel with the East line of said Lot 3, a distance of 50.00 feet; thence southwesterly along a 11.0 foot radius curve concave northwesterly a distance of 17.28 feet to a point that is 12.00 feet South and 1.00 feet East of the Southeast corner of said Lot 3; thence West parallel with the South line of said Lot 3, a distance of 29.00 feet; thence northwesterly in a straight line, a distance of 12.21 feet to a point that is 5.00 feet South and 38.00 feet West of the Southeast Corner of said Lot 3; thence North a distance of 5.0 feet to the South line of said Lot 3; thence East along the South line of said Lot 3, a distance of 38.00 feet to the Point of Beginning, all now included in and forming a part of the City of Des Moines, Polk County, Iowa. (Containing 1202 square feet more or less.)

Section 2. This vacation is made with reservations of right-of-way easements for any public utilities now in place with the right of entry for servicing same.

Section 3. The City Clerk is hereby authorized and directed to cause certified copies of this ordinance and proof of publication thereof together with proof of publication of the notice of the public hearing on this matter to be properly filed in the office of the Recorder of Polk County, Iowa.

Section 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

FORM APPROVED:

Roger K. Brown

Assistant City Attorney

Preston A. Daniels, Mayor

Attest:

I, Donna Boetel-Baker, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 99-1399), passed by the City Council of said City at a meeting held May 3, 1999, signed by the Mayor on May 3, 1999, and published as provided by law in the Business Record on May 17, 1999. Authorized by Publication Order No. 6134.

Donna Boetel-Baker, CMC/AAE, City Clerk