CHAPTER NO. 2288

 AN ORDINANCE PROVIDING FOR THE VACATION AND CONVEYANCE  A PART OF VALLEY WEST COURT ABUTTING LOTS 9 AND 10 IN VALLEY WEST SUBDIVISION NO. 4, WITHIN THE CITY OF CLINTON, IOWA, TO LODGING ENTERPRISES, INC., AND KOHL’S DEPARTMENT STORES, INC.

 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, IOWA:

             Section 1.  Purpose.  The purpose of this ordinance is to vacate and convey the described street, relieve the City of Clinton, Iowa of the responsibility for its maintenance and supervision, and place it on the property tax rolls.

            Section 2.  Facts Found.  The Council of the City of Clinton, Iowa makes the following findings:

1. The described street right-of-way is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.

2. Notice of the intended vacation and conveyance, including the date on which the Council will first consider the vacation and sale has been published pursuant to Chapter 362.3 of the Code of Iowa (2001).

              Section 3.  Vacation.  The properties described as:

 Parcel 9-A

A part of Valley West Court located in Valley West Subdivision No. 4, within the City of Clinton, Clinton County, Iowa; more particularly described as:  Beginning at a ½” round iron rod stake marking the southwest corner of lot 9 of said Valley west Subdivision No. 4; thence south 89° 26’08” west, along the westerly extension of the south line of said lot 9, a distance of 57.22 feet to a ½” round iron rod stake; thence northwesterly, along the arc of a curve, concave southwesterly, having a radius of 188.54 feet, an arc length of 78.25 feet to a 1/2'” round iron rod stake, chord of the last named curve bears north 21° 16’11”  west, a distance of 77.69 feet; thence southeasterly, along the former right of way line of said Valley West Court, being the arc of a curve, concave northeasterly, having a radius of 50.00 feet, an arc length of 46.37 feet to a ½” round iron rod stake, chord of the last named curve bears south 59° 43’31” east, a distance of 44.72 feet, thence southeasterly, along the said right of way of Valley West Court, being the arc of a curve, having a radius of 50.00 feet, an arc length of 74.81 feet to the point of beginning, chord of the last named curve, bears south 43° 25’40” east, a distance of 68.03 feet.  Said parcel shall remain, however, as a blanket utility easement; and

 Parcel 10-A

A part of Valley West Court located in Valley West Subdivision No. 4, within the City of Clinton, Clinton County, Iowa; more particularly described as:  Beginning at a ½” round iron rod stake marking the northwest corner of lot 10 of said Valley West Subdivision No. 4; thence south 89°26’08” west, along the westerly extension of the north line of said lot 10, a distance of 59.97 feet to a ½” round iron rod stake; thence southeasterly, along the arc of a curve, concave westerly, having a radius of 230.00 feet, an arc length of 73.38 feet to a ½” round iron rod stake, chord of the last named curve bears south 00°57”26” east, a distance of 73.07 feet; thence northeasterly, along the former right of way of said Valley West Court, being the arc of  a curve, concave southeasterly, having a radius of 30.00 feet, and arc length of 33.07 feet to an “X” cut in concrete, chord of the last named curve bears north 41°18’45” east, a distance of 33.11 feet; thence northeasterly, along the said right of way of Valley west Court, being the arc of a curve, having a radius of 50.00 feet, an arc length of 74.81 feet to the point of beginning, chord of the last named curve bears north 43°25’40” east, a distance of 68.03.  Said parcel shall remain, however, as a blanket utility easement

             are  hereby vacated.

            Section 4.  Conveyance.  The properties described as:

 Parcel 9-A

A part of Valley West Court located in Valley West Subdivision No. 4, within the City of Clinton, Clinton County, Iowa; more particularly described as:  Beginning at a ½” round iron rod stake marking the southwest corner of lot 9 of said Valley west Subdivision No. 4; thence south 89° 26’08” west, along the westerly extension of the south line of said lot 9, a distance of 57.22 feet to a ½” round iron rod stake; thence northwesterly, along the arc of a curve, concave southwesterly, having a radius of 188.54 feet, an arc length of 78.25 feet to a 1/2'” round iron rod stake, chord of the last named curve bears north 21° 16’11”  west, a distance of 77.69 feet; thence southeasterly, along the former right of way line of said Valley West Court, being the arc of a curve, concave northeasterly, having a radius of 50.00 feet, an arc length of 46.37 feet to a ½” round iron rod stake, chord of the last named curve bears south 59° 43’31” east, a distance of 44.72 feet, thence southeasterly, along the said right of way of Valley West Court, being the arc of a curve, having a radius of 50.00 feet, an arc length of 74.81 feet to the point of beginning, chord of the last named curve, bears south 43° 25’40” east, a distance of 68.03 feet.  Said parcel shall remain, however, as a blanket utility easement

 Is hereby conveyed to Lodging enterprises, Inc. for $1.00 and other good and valuable consideration and the Mayor and City Clerk are hereby directed to sign a quit claim deed conveying said property; and

 Parcel 10-A

 A part of Valley West Court located in Valley West Subdivision No. 4, within the City of Clinton, Clinton County, Iowa; more particularly described as:  Beginning at a ½” round iron rod stake marking the northwest corner of lot 10 of said Valley West Subdivision No. 4; thence south 89°26’08” west, along the westerly extension of the north line of said lot 10, a distance of 59.97 feet to a ½” round iron rod stake; thence southeasterly, along the arc of a curve, concave westerly, having a radius of 230.00 feet, an arc length of 73.38 feet to a ½” round iron rod stake, chord of the last named curve bears south 00°57”26” east, a distance of 73.07 feet; thence northeasterly, along the former right of way of said Valley West Court, being the arc of  a curve, concave southeasterly, having a radius of 30.00 feet, and arc length of 33.07 feet to an “X” cut in concrete, chord of the last named curve bears north 41°18’45” east, a distance of 33.11 feet; thence northeasterly, along the said right of way of Valley west Court, being the arc of a curve, having a radius of 50.00 feet, an arc length of 74.81 feet to the point of beginning, chord of the last named curve bears north 43°25’40” east, a distance of 68.03.  Said parcel shall remain, however, as a blanket utility easement

Is hereby conveyed to Kohl’s Department Stores Inc. for  $100.00 and other good and valuable consideration and the Mayor and City Clerk are hereby directed to sign a quit claim deed conveying said property.

             Section 5.  Severability Clause.  If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

            Section 6.  Repealer.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

            Section 7.  Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

______________________________

LaMetta K. Wynn, MAYOR

Attest:_____________________________

            Deborah K. Neels, CITY CLERK

 ADOPTED:  February 22, 2005