ORDINANCE NO. 14,495
AN
ORDINANCE vacating a strip of vacated 62nd Street right-of-way
between Grand Avenue and Walnut Hill Drive and repealing Ordinance No.
14,444.
WHEREAS, all prior
requirements of law pertaining to the vacation of public right-of-way have been
fully observed; and
WHEREAS,
by Ordinance No. 14,444, passed May 9, 2005, after notice and public hearing,
the City Council intended to vacate the right-of-way described below, but said
Ordinance contained an error in the legal description; 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 a strip of vacated 62nd
Street right-of-way between Grand Avenue and Walnut Hill Drive, more
specifically described as follows, be and is hereby vacated.
AN IRREGULARY SHAPED
PORTION OF LOT D (62nd STREET) LYING WEST OF AND ADJOINING THE WEST
LINE OF LOTS 55, 56, 57, E AND 60 IN GRAND AVENUE WATERBURY, AN OFFICIAL PLAT,
DES MOINES, POLK COUNTY, IOWA, MORE ACCURATELY DESCRIBED BELOW AS FOLLOWS:
BEGINNING AT A ¾ INCH
IRON PIPE WITH ID. CAP 12971 AT THE NORTHWEST CORNER OF LOT 56 IN SAID GRAND
AVENUE WATERBURY; THENCE SOUTH 08˚ (DEGREES) 14’ (MINUTES) 56” (SECONDS)
EAST (ASSUMED FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE WESTERLY LINE OF
LOTS 56, 57, E AND LOT 60 IN SAID GRAND AVENUE WATERBURY, A DISTANCE OF 233.31
FEET TO A CUT “X” AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 60 AND
THE NORTH RIGHT-OF-WAY LINE OF GRAND AVENUE AS IT IS PRESENTLY ESTABLISHED;
THENCE NORTH 22˚11’33” WEST, A DISTANCE OF 28.01 FEET; THENCE NORTH
08˚14’56” WEST ALONG A LINE PARALLEL WITH AND 6.75 FEET WEST OF THE
WESTERLY LINE OF SAID LOTS 60, E, 57 AND 56, A DISTANCE OF 181.30 FEET; THENCE
NORTH 00˚00’34” WEST, A DISTANCE OF 47.10 FEET TO THE WESTERLY LINE OF LOT
55 IN SAID GRAND AVENUE WATERBURY; THENCE SOUTH 08˚14’57” EAST ALONG THE
WESTERLY LINE
OF SAID LOT 55, A DISTANCE OF 21.79 FEET TO
THE POINT OF BEGINNING. SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH
ANY AND ALL EASEMENTS OF RECORD. SAID TRACT OF LAND CONTAINS 1,473 SQUARE FEET
MORE OR LESS.
Sec. 2. The City of Des Moines hereby reserves an
easement upon the property described above for the continued use and
maintenance of any utilities now in place, with the right of entry for
servicing same.
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:
Ann DiDonato, Assistant
City Attorney
T.M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, 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. 05-2371), passed by the City Council of said City at a meeting held September 26, 2005 signed by the Mayor on September 26, 2005 and published as provided by law in the Business Record on October 10, 2005 Authorized by Publication Order No. 4953.
Diane Rauh, City Clerk