ORDINANCE NO. 14,523

AN ORDINANCE vacating Webster Street north of Hillside Avenue and the East/West alley between South Union Street and previously vacated Webster Street north of Hillside Avenue.

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 Webster Street north of Hillside Avenue and the East/West alley between South Union Street and previously vacated Webster Street north of Hillside Avenue, more specifically described as follows, be and is hereby vacated.

That part of Webster Street right-of-way lying West of and adjoining Lot 21, First Plat of Clifton Heights, an Official Plat, and lying North of the North right-of-way line of Hillside Avenue and South of that part of vacated Webster Street lying South of the South line by Vacation Ordinance 10,797, April 21, 1986, and all the East/West alley right-of-way lying South of and adjoining Lot 22, of said First Plat of Clifton Heights, and lying East of the southerly extension of the East line of said Lot 22 to the Northeast corner of Lot 18 of said First Plat of Clifton Heights, all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

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. 05-2921), passed by the City Council of said City at a meeting held December 5, 2005 signed by the Mayor on December 5, 2005 and published as provided by law in the Business Record on December 19, 2005 Authorized by Publication Order No.4982.

Diane Rauh, City Clerk