Loading...
Ransdell, Mary, Sewer connectioBarry A. Lindahl, Esq. Corporation Cotmsel Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563) 5834113 office (563) 583-1040 fax balesq@cityofdubuque.org November 25, 2003 Mayor Terrance Duggan and Members of the City Council City Hall - City Clerk's Office 50 West 13th Street Dubuque, IA 52001 RE: Mary Ransdellvs. City of Dubuque Dear Mayor and Council Members: Mary Ransdell is the owner of the home at 583 West 7th Street. Her home is not currently connected to the public sanitary sewer which is located in West 7th Street. In 2000, Ms. Ransdell was directed by the Engineering Department and Health Services Division to connect her home to the public sanitary sewer. A dispute arose between Ms. Ransdell and the City with respect to the requirement that she connect to the public sanitary sewer and when the dispute could not be resolved, Ms. Ransdell commenced legal action in the Iowa District Court for Dubuque County. During the course of the lawsuit, it was discovered that parts of Ms. Ransdell's home are located in the West 7th Street public right-of-way and in an alley on the west end portion of her property. It was also discovered that part of the West 7th Street public steps are located on Ms. Ransdell's private property. In order to resolve all of the issues in the lawsuit, the parties have reached a settlement agreement, a copy of which is enclosed. In summary, the settlement agreement provides as follows: The City will convey by Quit Claim Deed to Ms. Ransdell part of the public alley where her home encroaches. The City will also grant her a permit to allow her to maintain certain encroachments in the right-of-way. · Ms. Ransdell will grant to the City an easement for public access to the West 7th Street steps. · Ms. Ransdell will at her cost connect to the City sanitary sewer in West 7th Street prior to June 1, 2004. The City will waive the connection charge of $2,250.00. Service People Integri~3r Respo~sibillty Lrmova~4on Teamwork · Ms. Ransdell will dismiss her pending lawsuit against the City. If the City Council approves the settlement agreement, the Engineering Department will prepare the necessary documents which will then be brought back to the City Council for the required public hearing for the disposition of City property. I would request that the City Council approve the settlement agreement and authorize the City Manager to sign it. Very slay, Corporation Counsel BAL:tls Enclosure CC: Michael Van Milligen, City Manager Gus Psihoyos, Assistant City Engineer Jennifer Clemens-Conlon, Esq. AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARY RANSDELL WHEREAS, Mary Ransdell (Ransdell) is the owner at the property at 583 West 7th Street; and which is not currently connected to the public sanitary sewer; and WHEREAS, a dispute has arisen between the City of Dubuque (City) and Ransdell with respect to the connection of the property at 583 West 7th Street to the public sanitary sewer in West 7th Street; and WHEREAS, the parties now desire to resolve the dispute upon the terms and conditions set forth herein. Now, therefore it is agreed by and between the parties as follows: City will convey by Quit Claim Deed to Ransdell the portion of the public alley shown on Exhibit A attached hereto subject to the requirements of law with respect to the disposition of public property. After the City has made ever reasonable effort to convey by Quit Claim Deed to Ransdell the portion of the public alley shown on Exhibit '%" attached hereto, subject to the requirements of law and with respect to the disposition of public property, and upon it being determined that such conveyance cannot occur, the City will grant to Ransdell a permanent perpetual easement for the Ransdell encroachments into the 20-foot wide public alley, which include the driveway, porch and deck. Further, the City will grant to Ransdell a permanent perpetual easement over and across the 20- foot wide public alley for installation and maintenance of the Ransdell connection to the public sanitary sewer. Concurrent with the conveyance contemplated in Paragraph 1 above, Ransdell will grant to City a permanent public access easement for access to the City steps shown on Exhibit A. City will agree to defend, indemnify and hold harmless Ransdell from and against any and all claims of any kind which adse out of the public use of the easement area. City will agree to maintain at its sole expense the easement area. 3. City will grant to Ransdell a revocable permit for the various items that are shown on Exhibit A to be located in the right-of-way on West 7th Street. City will waive the total charge for the connection of the Ransdell sewer to the public sanitary sewer, which City estimates to be $2,250.00, but whatever the charge is will be waived by the City. Ransdell will at her cost connect to the City sanitary sewer in West 7th Street and make every reasonable effort to do so within ninety (90) days of the date of this Agreement, but in no event later than June 1, 2004. Ransdell will dismiss the pending lawsuit, Mary Ransdell vs. City of Dubuque, with prejudice immediately upon execution and approval of this Agreement by both parties. This Agreement shall be subject to final approval by the City of Dubuque City Council. · Ma-r;j Ra~nCdell - ~. CITY OF DUBUQUE, IOWA By: Michael C Van Milligen, City Manager 4. City will waive the total charge for the connection of the Ransdell sewer to the public sanitary sewer, which City estimates to be $2,250.00, but whatever the charge is will be waived by the City. 5. Ransdell will at her cost connect to the City sanitary sewer in West 7th Street and make every reasonable effort to do so within ninety (90) days of the date of this Agreement, but in no event later than June 1, 2004. 6. Ransdell will dismiss the pending lawsuit, Mary Ransdell vs. City of Dubuque, with prejudice immediately upon execution and approval of this Agreement by both parties. 7. This Agreement shall be subject to final approval by the City of Dubuque City Council. CITY OF DUBUQUE, IOWA eq4 /ii�2By: 2r hael C Van Milligen, City Manager [11/'~8/2007 ~ 10:05 FA3Z I~v.l~. 2003 10:02AM ~-~ BARRY LINDAHL BARRY A LINDAHL, No.2680 P. 3/3 ~001/001 I ! EXHIBIT