ORDINANCE NO. 14,770

AN ORDINANCE vacating a portion of East Locust Street right-of-way east of Pennsylvania 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 a portion of East Locust Street right-of-way east of Pennsylvania Avenue, more specifically described as follows, be and is hereby vacated. 

A TRIANGULAR PART OF EAST LOCUST STREET RIGHT-OF-WAY BEING BETWEEN AND ADJACENT TO BLOCK “I” OF GRIFFITHS ADDITION NO. 2 TO EAST FORT DES MOINES ON THE NORTH AND GREEN’S SUBDIVISION AND BLOCK “H” OF GRIFFITHS ADDITION TO EAST FORT DES MOINES ON THE SOUTH, ALL BEING OFFICIAL PLATS NOW 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 9 OF SAID BLOCK “H”; THENCE SOUTH 75º(DEGREES) 03’(MINUTES) 33”(SECONDS) WEST ALONG THE NORTH LINE OF SAID BLOCK “H” AND ALONG THE NORTH LINE OF SAID GREEN’S SUBDIVISION, 104.71 FEET; THENCE NORTH 22º03’34” EAST, 82.83 FEET TO THE SOUTHWEST CORNER OF LOT 10 OF SAID BLOCK “I”; THENCE SOUTH 54º36’33” EAST, 85.94 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.08 ACRES (3,463 S.F.)

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. 08-920), passed by the City Council of said City at a meeting held May 19, 2008 signed by the Mayor on May 19, 2008 and published as provided by law in the Business Record on June 2, 2008. Authorized by Publication Order No. 6088.

                                                                        Diane Rauh, City Clerk