ORDINANCE NO. 13,892

AN ORDINANCE vacating the remaining alley rights-of-way within the two blocks bounded by 8th, 9th, Walnut and Cherry 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. That the remaining public rights-of-way for the alleys within the block bounded by 8th, 9th, Mulberry and Cherry Streets, more specifically described as follows, be and are hereby vacated effective as of May 1, 2001:

All the North/South and East/West alley rights-of-way in Block 10, H.M. Hoxies Addition, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

All utilities with facilities within such rights-of-way are hereby directed to cause all such facilities to be relocated out of such rights-of-way or abandoned prior to May 1, 2001.

Sec. 2. That the East/West alley right-of-way within the block bounded by 8th, 9th, Walnut and Mulberry Streets, more specifically described as follows, be and are hereby vacated effective as of January 15, 2001:

All the vacated East/West alley right-of-way lying North of and adjoining Lots 2 and 7, and lying North of and adjoining the vacated North/South alley between Lots 2 and 7, all in Block 1, West Fort Des Moines, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

All utilities with above ground facilities within such rights-of-way are hereby directed to cause all such above ground facilities to be relocated out of such rights-of-way or abandoned prior to January 15, 2001.

Sec. 3. That 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.

Sec. 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