ORDINANCE NO. 14,715
AN
ORDINANCE vacating an encroachment easement and air space easement to allow for
installation of bay windows on the south and west facades of the existing
building at 600 East Grand 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 ญญญญญญญญญญญญ an encroachment easement
and air space easement to allow for installation of bay windows on the south
and west facades of the existing building at 600 East Grand Avenue, more
specifically described as follows, be and is hereby vacated.
All that part of East
Grand Avenue and East 6th Avenue adjacent to Lot 7, Block 20, in
East Fort Des Moines, an Official Plat, 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 7; thence North 75บ(Degrees) 03(Minutes)
03(Seconds) East, along the North right-of-way of East Grand Avenue, a
distance of 40.60 feet; thence South 14บ4623 East, a distance of 0.21 feet;
thence South 74บ4903 West, a distance of 40.86 feet; thence North 14บ5403
West, a distance of 80.06 feet; thence North 74บ4827 East, a distance of 0.46
feet, to a point on the East right-of-way of East 6th Avenue; thence
South 14บ4538 East, along said right-of-way, a distance of 79.68 feet to the
Point of Beginning. Containing 41 sq.
ft. more or less.
All of the Air Space
which is located above the following description of the road right-of-way of
East 6th Street, North of East Grand Avenue and East Grand Avenue,
East of East 6th Street, and adjacent to Lot 7, Block 20 in East
Fort Des Moines, an Official Plat, now included in and forming a part of the
City of Des Moines, Polk County, Iowa:
Commencing at the
southwesterly corner of said Lot 7, thence North 75บ(Degrees) 03(Minutes)
03(Seconds) East, along the North right-of-way of East Grand Avenue, a
distance of 40.60 feet; thence South 14บ4623 East, a distance of 0.21 feet,
to the Point of Beginning; thence South 14บ4623 East, a distance of 2.40
feet; thence South 74บ4903 West, a distance of 43.26 feet; thence North
14บ5403 West, a distance of 82.46 feet; thence North 74บ4827 East, a
distance of 2.40 feet; thence South 14บ5403 East, a distance of 80.06 feet;
thence North 74บ4903 East, a distance of 40.86 feet to the Point of
Beginning. Containing 296 sq ft. more
or less. Which is located below a plane
with an elevation of 80.00 feet, City Datum, and which is located above a plane
with an elevation of 59.50 feet, City Datum.
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. 07-2057), passed by the City Council of said City at a meeting held October 22, 2007 signed by the Mayor on October 22, 2007 and published as provided by law in the Business Record on November 5, 2007, Authorized by Publication Order No. 5875.
Diane Rauh, City Clerk