ORDINANCE NO. 14,664

AN ORDINANCE vacating Elm Street between SW 7^th Street and SW 8^th Street, and excess West Martin Luther King Jr. Parkway right-of-way north of Elm Street and between SW 7^th Street and SW 8^th 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 Elm Street between SW 7^th Street and SW 8^th Street, and excess West Martin Luther King Jr. Parkway right-of-way north of Elm Street and between SW 7^th Street and SW 8^th Street, more specifically described as follows, be and is hereby vacated.

All that portion of Elm Street right-of-way lying South of and adjoining Block 6, Fort Des Moines, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

And

All that part of Lots 3, 4, 5 and 6, Block 6, Fort Des Moines, an Official Plat, and the intervening alleys and vacated alleys in said parcel, all now included in and forming a part of the City of Des Moines, Polk County, Iowa, more particularly described as follows:

Beginning at the southwesterly corner of said Lot 4, and being the intersection of the present northerly right-of-way line of Elm Street and the present easterly right-of-way line of Southwest 8^th Street; thence North 15º(degrees) 23’(minutes) 52”(seconds) West (assumed bearing for the purpose of this description) along the westerly line of said Lots 4 and 3, and being the present easterly right-of-way line of Southwest 8^th Street, 116.08 feet; thence North 81º42’58” East, 4.89 feet; thence North 81º03’54” East, 262.35 feet; thence South 63º00’04” East, 26.02 feet to the Northeasterly corner of said Lot 5, and being the present westerly right-of-way line of Southwest 7^th Street; thence South 15º21’13” East along the easterly line of said Lot 5, and being the present westerly right-of-way line of Southwest 7^th Street, 66.56 feet to the southeasterly corner of said Lot 5, and being the intersection of the present northerly right-of-way line of Elm Street and the present westerly right-of-way line of Southwest 7^th Street; thence South 74º13’52” West along the southerly line of said Lot 5 and its westerly extension, and said Lot 4, and being the present northerly right-of-way line of Elm Street, 284.71 feet to the point of beginning. By survey containing 28,035 square feet, or 0.64 acre.

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. 07-1208), passed by the City Council of said City at a meeting held June 18, 2007 signed by the Mayor on June 18, 2007 and published as provided by law in the Business Record on July 2, 2007, Authorized by Publication Order No. 5722.

Diane Rauh, City Clerk