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
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EXHIBIT