ORDINANCE NO. 14,741

 

AN ORDINANCE vacating an air space easement adjoining 707 8th 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 an air space easement adjoining 707 8th Street, more specifically described as follows, be and is hereby vacated. 

 

ALL OF THE AIR SPACE FOR THAT PART OF CENTER STREET RIGHT-OF-WAY ADJOINING BLOCK “Q” IN GRIMMEL’S ADDITION TO THE TOWN OF FORT DES MOINES, ALL NOW INCLUDED IN AND FORMING A PART OF THE CITY OF DES MOINES, POLK COUNTY, IOWA AND DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHWEST CORNER OF LOT 10 OF SAID BLOCK “Q”, THENCE NORTH 89Ί(DEGREES) 20’(MINUTES) 27”(SECONDS) WEST ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK “Q”, 5.73 FEET; THENCE NORTH 0Ί39’33” EAST, 2.00 FEET; THENCE SOUTH 89Ί20’27” EAST, 29.02 FEET; THENCE SOUTH 0Ί39’33” WEST, 2.00 FEET TO A POINT ON SAID NORTH LINE; THENCE NORTH 89Ί20’27” WEST ALONG SAID NORTH LINE, 23.30 FEET TO THE POINT OF BEGINNING AND CONTAINING 58 SQUARE FEET WHICH IS BELOW A PLANE ELEVATION OF 176.00 FEET CITY DATUM AND WHICH IS ABOVE A PLANE ELEVATION OF 172.00 FEET CITY DATUM.  (ASSUMED GROUND LEVEL ELEVATION (0.00’) BEING 61.00 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. 08-155), passed by the City Council of said City at a meeting held January 28, 2008 signed by the Mayor on January 28, 2008 and published as provided by law in the Business Record on February 11, 2008. Authorized by Publication Order No. 6051.

 

 

 

 

 

                                                                        Diane Rauh, City Clerk