NOTICE OF PROPOSAL TO VACATE AND CONVEY CITY-OWNED PROPERTY
NOTICE IS HEREBY GIVEN that the City Council of the City of Des Moines, Iowa, shall consider the repeal of Ordinance No 16,396 and the adoption of a corrected ordinance permanently vacating East 36th Street from East Sheridan Avenue to Arthur Avenue, East 36th Court from East Sheridan Avenue to Arthur Avenue, Arthur Avenue to the west of East 37th Street, East 40th Court to the south of East Jefferson Avenue and Lot Q between the vacated Four Mile Drive and the south line of Lot Q, Des Moines, Iowa, legally described as follows, subject to the reservation of easements for recreation trail and all existing utilities in place until such time that they are abandoned or relocated:
ALL OF LOT V, AND
ALL THAT PART OF LOT M LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 857, AND
ALL THAT PART OF LOT N LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 893,
ALL IN FOUR MILE, AN OFFICIAL PLAT,
AND
LOT J, ELMWOOD PARK, AN OFFICIAL PLAT, -EXCEPT THE FOLLOWING DESCRIBED AREA: BEGINNING AT THE SOUTHEAST CORNER OF LOT 248 IN SAID ELMWOOD PARK; THENCE NORTH ALONG THE WEST LINE OF SAID LOT J, A DISTANCE OF 70.0 FEET; THENCE EAST AND PERPENDICULAR TO SAID WEST LINE TO THE EAST LINE OF SAID LOT J; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID LOT J; THENCE WEST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING-,
AND
ALL OF LOT Q IN SAID ELMWOOD PARK,
ALL NOW INCLUDED IN AND FORMING A PART OF THE CITY OF DES MOINES, POLK COUNTY, IOWA.
NOTICE IS FURTHER GIVEN, that the City Council of the City of Des Moines, Iowa, has adopted a resolution setting a hearing relating to a proposal that if the City Council first decides to repeal Ordinance No. 16,396 and vacate the above-described right-of-way, then the City of Des Moines proposes to issue a Corrected Quit Claim Deed, Restrictive Covenants, and Reservation of Easement to Polk County, Iowa for the use and benefit of the Polk County Conservation Board at no cost in accordance with Iowa Code 364.7(3) for the public purpose of the Lower Fourmile Creek Greenway Project, subject to the following conditions:
a) Reservation of a permanent easement upon the Property for the continued use and maintenance of any public utilities now in place, including those for the benefit of the City of Des Moines and other public utilities, with the right of entry for servicing same.
b) Reservation of a permanent easement upon the Property for existing and/or future recreation trail.
c) The Property will revert back to the City in the event that PCCB ceases to exist or loses its eligibility status as a public entity or qualified conservation organization.
d) Compliance with the Lower Fourmile Creek Greenway Master Plan.
NOTICE IS FURTHER GIVEN that the City Council will consider the adoption of the proposed vacation and conveyance of a corrected deed after a public hearing to be held at 5:00 p.m., in the City Council Chamber, City Hall, 400 Robert D. Ray Drive, Des Moines, Iowa, on September 29, 2025. Persons interested in the proposal will be given the opportunity to express their views at that hearing.
PUBLISHED IN THE DES MOINES REGISTER ON SEPTEMBER 17, 2025.
September 17 2025
LIOW0366097