ORDINANCE NO. 14,655

AN ORDINANCE vacating a dead-end portion of Jackson Avenue right-of-way lying West of and adjoining right-of-way that was previously vacated by Ordinance No. 13,174.

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 a dead-end portion of Jackson Avenue right-of-way lying West of and adjoining right-of-way that was previously vacated by Ordinance No. 13,174, more specifically described as follows, be and is hereby vacated.

An irregular shaped portion of the Jackson Avenue right-of-way lying North of and adjoining Block 5 in South Fort Des Moines, an Official Plat, Des Moines, Polk County, Iowa, described as: Commencing at the Northeast corner of Lot 8, Block 5 in said South Fort Des Moines; thence North 72º(degrees) 21’(minutes) 19”(seconds) West (assumed for the purpose of this description) along the northerly line of said Block 5, a distance of 234.55 feet to the Point of Beginning; thence North 72º04’04” West along the northerly line of said Block 5, a distance of 20.28 feet; thence North 40º56’42” East, a distance of 21.11 feet; thence northeasterly along a 50.00 foot radius curve concave southeasterly, a distance of 46.39 feet, said curve having a chord bearing of North 67º31’23” East and a chord length of 44.74 feet; thence South 42º24’11” West, a distance of 53.21 feet to the Point of Beginning. Said tract of land contains 0.02 acres or 862 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:

Glenna K. Frank, 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. 07-1000), passed by the City Council of said City at a meeting held May 21, 2007 signed by the Mayor on May 21, 2007 and published as provided by law in the Business Record on June 4, 2007, Authorized by Publication Order No. 5713.

Diane Rauh, City Clerk