In the Matter of the Condemnation of
Certain Rights in Land
by the Iowa Department of Transportation
for the Improvement of
Primary Road No. U.S. 69
In the City of Des Moines
located in Polk County, Iowa
Project No. NHSN-069-4(112)--2R-77
Group "F"
Parcel 13
NOTICE
TO:
Galinsky Family Real Estate, L.L.C., c/o Louis R. Hockenberg, Registered Agent, 6601
Westown Parkway, Suite 200, West Des Moines, IA 50266
ALVIV Properties, L.L.C., c/o Louis R. Hockenberg, Registered Agent, 6601 Westown
Parkway, Suite 200, West Des Moines, IA 50266
United Fleet Three, LLC, c/o Kenneth N. Hodges, II, Registered Agent, 3835 University Avenue,
Des Moines, IA 50311
Jose Navarro, 2711 East Market Street, Des Moines, IA 50317
City of Des Moines, Iowa, c/o City Clerk, 1200 Locust Street, Des Moines, IA 50309
Polk County, Iowa, c/o County Auditor, 111 Court Avenue, Des Moines, IA 50309
and to all other persons, companies or corporations having any interest in or owning any of the following described real estate: Part of Lot 1, Lot 6, and Lot 7 of Block 17 in Allen's Second Addition to Des Moines, located in the NE¼ of the NE¼ of Section 10, Township 78 North, Range 24 West of the 5th P.M. within the City of Des Moines, Polk County, Iowa.
You, and each of you, are hereby notified that the State of Iowa and the City of Des Moines, Iowa, desire certain rights in land more specifically described as follows and shown with reference to their location as to land affected on the Acquisition Plat Exhibit "A" (1 of 3), (2 of 3), and (3 of 3) and Graphic Exhibit "B" (1 of 3), (2 of 3), and (3 of 3) attached to the Application filed with the Chief Judge of the Judicial District containing Polk County, Iowa, and in the Office of the Sheriff of Polk County, Iowa, to which you are referred:
The title in fee simple sought to be appropriated, for the use and benefit of the State of Iowa, is in land described as follows:
A parcel of land located in Lot 6 of Block 17 in Allen's Second Addition to the City of Des Moines, located in the NE¼ of the NE¼ of Section 10, Township 78 North, Range 24 West of the 5th P.M. within the City of
Des Moines, Polk County, Iowa, as shown on Acquisition Plat Exhibit "A" (1 of 3) and by reference made a part hereof.
Said parcel is described as follows:
Commencing at the NE¼ of said Section 10; thence S00°01'57"E, 795.92 feet on the East line of the NE¼ of said Section 10; thence S89°58'03"W, 63.00 feet to the existing Westerly right of way line of Primary Road No. U.S. 69; thence S74°51'26"W, 2.07 feet on said existing Westerly right of way line to the Point of Beginning; thence S74°51'26"W, 2.45 feet; thence S00°14'00"E, 31.63 feet to said existing Westerly right of way line; thence N03°58'15"E, 32.35 feet on said existing Westerly right of way line to the Point of Beginning, containing 38 square feet.
The title in fee simple sought to be appropriated, for the use and benefit of the City of Des Moines, is in land described as follows:
A parcel of land located in Lot 6 of Block 17 of Allen's Second Addition to the City of Des Moines, located in the NE¼ of the NE¼ of Section 10, Township 78 North, Range 24 West of the 5th P.M. within the City of Des Moines, Polk County, Iowa, as shown on Acquisition Plat Exhibit "A" (2 of 3) and by reference made a part hereof.
Said parcel is described as follows:
Commencing at the NE Corner of said Section 10; thence S00°01'57"E, 680.26 feet on the East line of the NE¼ of said Section 10; thence S89°58'03"W, 167.87 feet to the North line of said Lot 7 and the existing Southerly right of way line of local road Shaw Street, the Point of Beginning; thence S74°39'11"W, 44.81 feet on the North line of said Lot 7 also being said existing Southerly right of way line to the NW Corner of said Lot 7; thence S85°03'24"E, 47.61 feet; thence N14°49'00"W, 16.51 feet to the Point of Beginning, containing 370 square feet.
and,
A parcel of land in Lot 1 of Block 17 of Allen’s Second Addition to Des Moines, located in the NE¼ of the NE¼ of Section 10, Township 78 North, Range 24 West of the 5th P.M. within the City of Des Moines, Polk County, Iowa as shown on Acquisition Plat Exhibit "A" (3 of 3) and by reference made a part hereof.
Said parcel is described as follows:
Beginning at the NW Corner of said Lot 1; thence N74°39'11"E, 9.37 feet on the North line of said Lot 1 also being the existing Southerly right of way line of local road Shaw Street; thence S20°43'10"W, 16.03 feet to a point on the West line of said Lot 1 also being on the existing Easterly right of way line of local road Southeast 12th Street; thence N15°02'39"W, 12.96 feet on the West line of said Lot 1 also being on said existing Easterly right of way line, containing 61 square feet.
In connection with this condemnation proceeding, it is specifically provided as follows:
1. Any and all improvements, including fences if any, located wholly within the land sought in fee simple title are condemned in their entirety, except as noted in Item 2 below.
2. The United Fleet Automotive Repair Centers sign, located near the fee-taking/temporary easement area, will not be disturbed.
3. The State of Iowa shall have a right of three temporary easements in Lot 6 of Block 17 and partially vacated Maury Street of Allen's Second Addition to the City of Des Moines, located in the NE¼ of the NE¼ of Section 10, Township 78 North, Range 24 West of the 5th P.M. within the City of Des Moines, Polk County, Iowa, for the specific purpose of shaping and constructing an entrance, in land described as follows and as shown on Graphic Exhibit "B" (1 of 3), (2 of 3) and (3 of 3) and by reference made a part hereof:
Graphic Exhibit "B" (1 of 3):
Commencing at the NE Corner of said Section 10; thence S00°01'57"E, 986.91 feet on the East line of the NE¼ of said Section 10; thence S89°58'03"W, 72.18 feet to the Westerly right of way line of Primary Road No. U.S. 69, the Point of Beginning; thence N00°08'38"E, 91.86 feet on said existing Westerly right of way line; thence N03°58'15"E, 66.49 feet on said existing Westerly right of way line; thence N00°14'00"W, 31.63 feet; thence S74°51'25"W, 10.37 feet; thence S02°16'34"W, 81.95 feet; thence S13°40'25"W, 25.71 feet; thence S00°10'40"W, 50.00 feet; thence S09°13'07"E, 30.64 feet; thence N89°57'17"E, 9.88 feet to Point of Beginning.
and,
Graphic Exhibit "B" (2 of 3):
Commencing at the NE Corner of said Section 10; thence S00°01'57"E, 1,002.91 feet on the East line of the NE¼ of said Section 10; thence S89°58'03"W, 72.23 feet to the NE Corner of said Parcel 'D", also being on the existing Westerly right of way line of Primary Road Number U.S. 69, the Point of Beginning; thence S00°08'38"W, 5.57 feet on said existing Westerly right of way line, also being the East line of said Parcel "D"; thence southerly on said existing Westerly right of way line/curve, also being the Easterly curve of said Parcel "D", 23.13 feet along a 25.00 foot radius curve, concaved northwesterly, the chord of which bears S26°30'22"W and has a length of 22.31 feet; thence N00°10'37"E, 25.52 feet to the Northerly line of said Parcel "D"; thence N89°57'17"E, 9.89 feet on said Northerly line to Point of Beginning.
and,
Graphic Exhibit "B" (3 of 3):
Commencing at the NE Corner of said Section 10; thence S00°01'57"E, 1,032.59 feet on the East line of the NE¼ of said Section 10; thence S89°58'03"W, 90.71 feet to the existing Northerly right of way line of local road Maury Street (as currently found) also being the Southerly line of said Parcel "D", the Point of Beginning; thence S74°51'25"W, 34.31 feet on said existing Northerly right of way line also being Southerly line of said Parcel "D"; thence N88°22'51"W, 129.50 feet on said existing Northerly right of way line also being the South line of said Parcel "D"; thence N45°00'09"E, 19.86 feet; thence S88°54'17"E, 62.02 feet; thence S79°30'56"E, 33.54 feet; thence S88°26'55"E, 53.55 feet to Point of Beginning.
4. The State of Iowa will construct a Type B entrance at Sta. 303+11.09 on the North side of local road Maury Street. The existing entrances at Sta. 103+06.61 and Sta. 103+43.06 on the West side of Primary Road No. U.S. 69 will be closed and the entrances eliminated. The existing entrances at Sta. 303+96.83 and Sta. 303+01.83 on the North side of local road Maury Street will be closed and the entrances eliminated.
5. The areas sought to be appropriated by temporary easement, for the specific purpose to construct an entrance and for shaping, are reserved to the condemnees until the actual date said areas are required for construction of this highway improvement. Also, said temporary easement rights shall terminate immediately upon completion of the operations for which said rights are sought and in no event later than the completion of this highway improvement.
6. Condemner hereby gives notice of condemnees' five-year right to renegotiate construction or maintenance damages not apparent at the time of the condemnation as required by the Code of Iowa, Section 6B.52.
That such condemnation is sought for the improvement and/or maintenance of roads and streets in the State of Iowa in the matter prescribed in Chapters 28E, 306, 306A, 306B, 306C, 313, 6A, and 6B of the Code of Iowa and all amendments thereto.
That a commission for the purpose of appraising and awarding damages which will be caused by said appropriation and condemnation has been selected and appointed.
You are further notified that the Commissioners will report to Polk County River Place, 2309 Euclid Avenue in Des Moines, Iowa, at 9:00 a.m. on the 2nd day of September 2026 and will view your property at approximately 9:30 a.m. on the same day. They will then return to Polk County River Place and proceed to appraise said damages. You may participate in these proceedings if you care to do so.
IOWA DEPARTMENT OF TRANSPORTATION
SHEAN FLETCHALL
Special Assistant Attorney General
and General Counsel to the Iowa DOT
By: Allyssa Myers
Condemnation Unit Coordinator
Right of Way Bureau
Iowa Department of Transportation
Ames, Iowa 50010