ORDINANCE NO. 14,647

AN ORDINANCE vacating the North/South alley right-of-way between 8^th Street and 9^th Street from Crocker Street to Center Street and a portion of the 9^th Street right-of-way between Crocker Street and Center Street.

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 North/South alley right-of-way between 8^th Street and 9^th Street from Crocker Street to Center Street and a portion of the 9^th Street right-of-way between Crocker Street and Center Street, more specifically described as follows, be and is hereby vacated.

All of the North/South alley right-of-way lying West of and adjoining Lots 28 through 36, Geo. Sneer’s Subdivision, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa and containing 0.22 acres (9,508 S.F.).

And

A part of 9^th Street right-of-way between Crocker and Center Streets in the City of Des Moines, Polk County, Iowa and described as follows:

Commencing at the Northwest corner of Lot 1 in Block “0” of Holcomb’s Addition, an Official Plat; thence South 0º(Degrees) 30’(Minutes) 56”(Seconds) West along the West line of said Block “0”, 413.60 feet; thence South 7º10’11” East, 15.00 feet to the point of beginning; thence continuing South 7º10’11” East, 37.38 feet; thence South 13º52’34” East, 133.50 feet to a point on the North right-of-way line of Center Street; thence North 89º18’26” West along the North right-of-way line of Center Street extended, 16.69 feet; thence North 42º04’53” West, 27.75 feet; thence North 5º45’43” West, 35.53 feet; thence North 0º08’11” East, 81.76 feet; thence North 3º55’45” East, 28.85 feet to the point of beginning and containing 0.06 acres (2,752 S.F.).

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. 07-892), passed by the City Council of said City at a meeting held May 7, 2007 signed by the Mayor on May 7, 2007 and published as provided by law in the Business Record on May 21, 2007 Authorized by Publication Order No. 5705.

Diane Rauh, City Clerk