IN THE SHERIFF'S OFFICE OF POLK COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR THE EUCLID AVENUE IMPROVEMENTS FROM DES MOINES RIVER TO YORK STREET PROJECT (Walcott, 1320 Euclid Avenue, Des Moines, IA 50313-3109), by the CITY OF DES MOINES, IOWA, IA077011A Applicant. APPLICATION FOR CONDEMNATION TO: DAVID M. PORTER, CHIEF JUDGE, FIFTH JUDICIAL DISTRICT YOU ARE HEREBY NOTIFIED that the Applicant City of Des Moines, Iowa, a municipal corporation, acting pursuant to Iowa Code Chapters 6A and 6B, desires to take, acquire and condemn a partial fee simple interest and a temporary construction easement interest in the property hereafter described, together with any and all leasehold interests, easement interests and other legal or equitable interests therein, and together with all structures and appurtenances located upon the property sought to be condemned. The City of Des Moines desires the rights specified in the property sought to be condemned for use for the Euclid Avenue Improvements from Des Moines River to York Street Project (hereinafter "the Project"). PROPERTY TO BE ACQUIRED. The property in which the City seeks acquisition of a partial fee simple interest and a temporary construction easement interest for the Project is shown as on the attached Acquisition Plats marked Exhibits PT-08 and TE-08 and are by this reference made a part hereof. The property to be acquired is legally described as follows: PARTIAL FEE SIMPLE INTEREST (EXHBIT PT-08): A PART OF LOT 12, SOUTH OAK PARK, AN OFFICIAL PLAT NOW INCLUDED IN AND FORMING A PART OF THE CITY OF DES MOINES, POLK COUNTY, IOWA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 12; THENCE SOUTH 89°59'47" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF EUCLID AVENUE, 27.00 FEET; THENCE SOUTH 00°00'13" WEST, 3.00 FEET; THENCE NORTH 89°59'47" WEST, 26.99 FEET TO A POINT ON THE EAST RIGHT OF WAY OF 14TH STREET; THENCE NORTH 00°13'48" WEST ALONG SAID EAST RIGHT OF WAY LINE, 3.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 81 SQUARE FEET. TEMPORARY EASEMENT INTEREST (EXHIBIT TE-08): A PART OF LOT 12, SOUTH OAK PARK, AN OFFICIAL PLAT NOW INCLUDED IN AND FORMING A PART OF THE CITY OF DES MOINES, POLK COUNTY, IOWA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 12; THENCE NORTH 89°59'47" WEST ALONG THE SOUTH RIGHT OF WAY LINE OF EUCLID AVENUE AND THE NORTH LINE OF SAID LOT 12, 23.21 FEET; THENCE SOUTH 00°00'13" WEST, 3.00 FEET; THENCE NORTH 89°59'47" WEST, 26.99 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 14TH STREET AND THE WEST LINE OF SAID LOT 12; THENCE SOUTH 00°13'48" EAST ALONG SAID EAST RIGHT OF WAY LINE AND WEST LOT LINE, 5.00 FEET; THENCE SOUTH 89°59'47" EAST, 50.20 FEET TO THE EAST LINE OF SAID LOT 12; THENCE NORTH 00°09'13" WEST ALONG SAID EAST LOT LINE, 8.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 321 SQUARE FEET. PROPERTY ADDRESS: 1320 Euclid Avenue, Des Moines, Iowa 50313-3109 NAMES OF RECORD OWNERS AND HOLDERS OF LIENS AND ENCUMBRANCERS OF THE PROPERTY. The names and addresses of all record owners, lienholders and encumbrancers with respect to the above property are as follows: Titleholders: Willard Walcott and spouse, if any 1320 Euclid Ave. Des Moines, IA 50313-3109 Lienholders, Encumbrancers, Leaseholders, and Interested Parties: Greater Des Moines Habitat for Humanity, Inc.; Lienholder (filed for record at Book 19042, Page 375 in the office of the Polk County Recorder) Registered Agent: Lance Henning 95 University Ave., Suite 1 Des Moines, IA 50314 Taxing Authority: Polk County, Iowa c/o Polk County Auditor Polk County Administration Building, 111 Court Avenue, Room 230, Des Moines, IA 50309 LANDS NECESSARY TO ACHIEVE THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR THE PROJECT. The Acquisition Plats, marked as Exhibits PT-08 and TE-08 and attached hereto and made a part hereof, identify the portion which is required by the City of Des Moines for the public purpose of constructing a portion of the Project and operation, maintenance and repair of the Project improvements, and includes improvements, fences, trees and shrubs on the day the land is reviewed by the Compensation Commission, except for personal property. The temporary easement for construction and construction-related activities allows the City, its agents, contractors, employees and other permitted parties including but not limited to electric, cable and telecommunications utilities and their respective agents, contractors and employees, to enter in, upon and onto the temporary easement area shown in the Acquisition Plat TE-08 for all construction purposes related to the Project including but not limited to the following activities: (1) grading and excavation; (2) hauling, transporting and storage of materials and equipment; (3) trimming and/or removal of trees and landscaping within or encroaching upon the temporary easement area; (4) utility work including but not limited to relocation, placement and removal of various utility facilities such as electric poles and wires, water lines, sewer lines and natural gas facilities that are within or encroaching upon the temporary easement area; (5) laying, constructing, maintaining, operating, repairing and removing underground conduit, wires, cables, poles, guys, guy stubs, anchors and other necessary equipment incident thereto (including but not limited to transformers, switchgears, capacitors and other associated surface mounted equipment); and (6) soil and groundwater analysis and related requirements. Said temporary construction easement shall terminate upon completion of construction of the Project and acceptance of the Project improvements by the City Council. This temporary easement for construction and construction-related activities shall be in effect until completion of construction of the Project. All materials and equipment will be removed from the easement area within 10 days of completion of construction of the Project. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE PURCHASE OF THE PROPERTY. The City represents and warrants that it has undertaken the following activities in attempting to negotiate the purchase of the property from the property owner: (a) On October 21, 2024, the Des Moines City Council adopted a resolution, under Roll Call No. 24-1434, authorizing acquisition of property for the Project. (b) On November 1, 2024, the Real Estate Division of the City of Des Moines prepared a Compensation Estimate for the property to be acquired, indicating that the fair market value of the property as of the date of the Compensation Estimate was $450.00. (c) The City Manager of the City of Des Moines has established the fair market value of the property described above in the amount of $450.00 as determined by the Compensation Estimate prepared for the property. (d) On December 2, 2024, the Real Estate Division of the City of Des Moines Engineering Department mailed to the property owner an offer to purchase the property at the fair market value thereof, as set forth in the Compensation Estimate and as established by the City Manager, together with a copy of said Compensation Estimate. The offer was also accompanied by a cover letter, informing the property owner of the requirement that the City negotiate for purchase of the property in good faith. (e) On December 6, 2024, the property owner contacted the City's acquisition agent. The acquisition agent spoke with the property owner and exchanged correspondence on several occasions to negotiate the terms of purchase. The acquisition agent's efforts to purchase the property at the fair market value established by the City Manager pursuant to Compensation Estimate and subsequent negotiations were unsuccessful, and the City and the owner have been unable to reach an agreement despite continuing negotiations. NOW, THEREFORE, pursuant to a regularly adopted resolution by the City Council of the City of Des Moines, YOU ARE HEREBY REQUESTED to appoint a Compensation Commission to appraise the damages caused by this appropriation; said Commission to consist of six commissioners who shall be residents of Polk County, Iowa, and order the property owner to provide the City with a tax identification number once said Commission has appraised the damages for this appropriation. YOU ARE FURTHER REQUESTED to give written notice to the City of Des Moines, Iowa as soon as the commissioners have been appointed. Dated this 22nd day of May, 2026. CITY OF DES MOINES, IOWA ___/s/_____________________ Grant M. Hyland AT0015268 Assistant City Attorney City Hall, 1200 Locust Street Des Moines, IA 50309 Telephone: (515) 283-4130 E-mail: gmhyland@dmgov.org STATE IOWA ) ) ss. COUNTY OF POLK ) This instrument was acknowledged before me on May 22, 2026, by Grant M. Hyland as Assistant City Attorney of the City of Des Moines, Iowa. /s/ Notary Public in and for the State of Iowa APPROVED this 27th day of May, 2026. ____/s/_____________________ David M. Porter, Chief Judge Fifth Judicial District In accord with Iowa Code Section 6B.3(3) and 6B.37, I, the under­signed, certify under penalty of perjury and pursuant to the laws of the State of Iowa that this Original Application for Condemnation has been approved by the Chief Judge of the Fifth Judicial District. _____/s/____________________ Grant M. Hyland AT0015268 Assistant City Attorney City of Des Moines, Iowa Filed in my office at Des Moines, Iowa, this 28th day of May, 2026. ____/s/_____________________________________ Sheriff of Polk County, Iowa June 23 2026 LIOW0532716