ORDINANCE NO. 14,724
AN ORDINANCE vacating all of the High
Street right-of-way between 10th Street and 12th Street, all of the 13th Street
right-of-way between High Street and Grand Avenue, and all of the alley
rights-of-way within the three block area bounded by High Street, Grand Avenue,
11th Street and 14th Street.
WHEREAS,
all prior requirements of law pertaining to the vacation of public right‑of‑way
have been fully observed; and
WHEREAS,
the vacation of the public rights-of-way described below, the realignment of a
portion of High Street between 10th Street and 14th Street, and the
redevelopment of the three block area bounded by High Street, Grand Avenue,
11th Street and 13th Street as the new corporate headquarters for Wellmark,
Inc., have been undertaken by the City of Des Moines in the exercise of its
urban renewal powers under Iowa Code Chapter 403; and,
WHEREAS,
it is desirable that the public right‑of‑way herein described be
vacated without reservation of easements for existing utility facilities; NOW,
THEREFORE,
BE IT ORDAINED by the City Council of the
City of Des Moines, Iowa:
Section 1. That vacating all of the High Street right-of-way between 10th
Street and 12th Street, all of the 13th Street right-of-way between High Street
and Grand Avenue, and all of the alley rights-of-way within the three block
area bounded by High Street, Grand Avenue, 11th Street and 14th Street, more
specifically described as follows, be and are hereby vacated:
13th
Street:
All
that part of 13th Street right-of-way in Fourteenth Street Place, an
Official Plat,
lying
South of the South right-of-way line of High Street from the Northeast corner
of Lot 38 of said Fourteenth Street Place to the Northeast corner of Lot 39 of
said Fourteenth Street Place, and lying North of the North right-of-way
line of Grand Avenue
from
a point being 7.0 feet North of the Southeast corner of Lot 2, Cascade Place,
an Official Plat, to the Southwest corner of Lot 46, of said Fourteenth Street
Place, all now included in and forming a part of the City of Des Moines, Polk
County, Iowa.
High
Street:
All
that part of High Street right-of-way East of the northerly extension of West
right of way line of 10th Street, and lying North of Block 59,
Campbell and McMullen’s Addition,
An
Official Plat and lying North of the westerly extension of the South
right-of-way line High Street, and lying North of and adjoining that part of
Lot 31 of the Official Plat of the Southwest ¼ of Section 4 Township 78 North,
24 West of the 5th P.M. of Lot 6, and all of Rose Addition, an Official Plat,
and that part of High Street right-of-way being a part of Lots 1 thru 4,
Williams and Sly’s Subdivision, and that part of High Street right-of-way (also
known as Maple Street) and lying East of the northerly extension of the East
right-of-way line of 12th Street right of way to the North
right-of-way line of High Street right of way being a point at the Southwest
corner of Lot 3, Block 1, Smith’s Addition to Fort Des Moines being a
Subdivision of a portion of Roses Addition, all now included in and forming a
part of the City of Des Moines, Polk County, Iowa.
Alleys:
All
of the East West alley right-of-way lying South of and adjoining Lots 35 thru
38, Fourteenth Street Place, an Official Plat, and all of the North/South Alley
lying West of and adjoining Lots 31 thru 34 of said Fourteenth Street Place,
all now included in and forming a part of the City of Des Moines, Polk County,
Iowa.
All
of the East West alley right-of-way lying North of and adjoining Lot 45 of said
Fourteenth Street Place, and all of the North/South alley right-of-way lying
East of and adjoining Lots 44 and 48 of said Fourteenth Street Place, all now
included in and forming a part of the City of Des Moines Polk County, Iowa
All
of the East/West alley right-of-way in Block 58, Campbell and McMullen’s
Addition, an Official Plat, being the North 12.0 feet of Lots 2 and 3 of said
Block 58 and the North 10.0 feet of the East 2/3rd of Lot 4 of
said Block 58 and the North 8.0 feet of the West 1/3rd of said
Lot 4 and the North 8.0 feet of Lot 5 of said Block 58, and a strip of ground
being 2.00 feet wide lying South of and adjoining Lots 4 and 3,Willians and
Sly’s Subdivision an Official Plat, and lying South of a line from the
Southeast corner of said Lot 3; thence southeasterly 6.13 feet along the South
line of Lot 2 of said Williams and Sly’s Subdivision, to the point of terminus,
as Surveyed and Monumented by Dave L. Jones #11579 recorded in Book 12373 Page
845 September 14, 2007, all now included in and forming a part of the City of
Des Moines, Polk County, Iowa.
Sec. 2. All public
utilities with facilities within the vacated rights-of-way described above
are hereby ordered to remove such
facilities from the vacated rights-of-way within 90 days or any extension
thereof granted by the City Engineer for good cause shown. The City Engineer is hereby directed to give
prompt notice of this action to all public utilities with facilities within the
vacated rights-of-way described above.
Sec. 3.
That the City Clerk is hereby authorized and directed to cause a
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:
Roger K. Brown,
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- 2247), passed by the City Council of said City at a meeting held November 19, 2007 signed by the Mayor on November 19, 2007 and published as provided by law in the Business Record on December 3, 2007, Authorized by Publication Order No. 5884.
Diane Rauh, City Clerk