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4505 Ches Mar Dr - Ocel vs. City of Eagan
ncENES3 51W- 16 154 SEVERSON, WILCOX & SHELDON, P.A. LARRY S. SEVERSON* JAMES F. SHELDON J. PATRICK WILCOX* TERENCE P. DURKIN MICHAEL G. DOUGHERTY MICHAEL E. MOLENDA" PAUL J. STIER 'ALSO LICENSED IN IOWA "ALSO LICENSED IN WISCONSIN ...ALSO LICENSED IN NEBRASKA July 25, 1990 Judy Jenkins Engineering Department City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 600 MIDWAY NATIONAL BANK BUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 (612) 432-3136 TELEFAX NUMBER 432-3780 RE: City File on Ocel v. Eagan, Lot 8, Block 2, Ches Mar First Addition Our File No. 206-7254 Dear Judy: KENNETH R. HALL •**Scorn D. JOHNSTON JOSEPH P. EARLEY LOREN M. SOLFEST CHRISTINE M. SCOTILLO ANNETTE M. MARGARIT DANIEL M. SHERIDAN OF COUNSEL: JOHN E. VUKELICH Pursuant to your July 18, 1990, request, I have reviewed the status of the Ocel lawsuit and examined the contents of the City's file. I have determined that the current landowner should be granted access to the file. I. Status of the Lawsuit Procedurally, the case has been dismissed. The case was heard by the Minnesota Supreme Court on the issue of whether the City of Eagan was time-barred from bringing Gabbert Development, Inc., Bonestroo, Rosene, Anderlik & Assoc. Inc., and Schimek Construction, Inc., into the action as third -party defendants. The City lost its appeal and was prevented from bringing the other defendants into the litigation. See Ocel v. City of Eagan, 402 N.W.2d 531 (Minn. 1987). Following the Supreme Court's decision, the remaining parties, Ocels and the City of Eagan, stipulated to a dismissal of the action with prejudice preventing Ocel from ever bringing a similar action against the City. The Stipulation to Dismiss is dated December 23, 1987, and pursuant to that Stipulation, the lawsuit was dismissed. I spoke to the City's attorney during the litigation, Don C. Day, and he was aware of no problem with that settlement. Judy Jenkins July 25, 1990 Page Two II. Accessibility of the File Eagan's file on the lawsuit should be available to the landowner unless the Data Practices Act or an attorney-client privilege prevents such disclosure. I have examined the contents of the file. I discovered nothing that would be included within the attorney-client privilege exclusion. While many of the letters and documents were communications between the City and its attorneys, most of those communications were also included within the City's Answers to Interrogatories or Production of Documents discovery requests during the litigation. Those communications have thus already been disclosed to persons outside the attorney-client relationship and are no longer protected. The information in Eagan's file would be classified as public data. Any data retained after the exhaustion of rights of appeal by either party in a civil action become inactive investigative data and is classified as public data. Minn. Stat. §13.39, subd. 3. Eagan's file does reveal that the Ocels sold the property in 1983 to Shannon and Randall Berg. That sale document indicates that the Ocels adequately disclosed the prior drainage problems to the new buyers and maintained that the Ocels had experienced no drainage problems since the back yard had been drain tiled. A check with the Dakota County Recorder's Office states that the property is currently owned by a Joellen Lindgreen via Warranty Deed recorded on October 5, 1987. I have learned nothing that leads me to believe that any lawsuit is contemplated by the current owner. Conclusion Pursuant to the Data Practices Act, the City must permit the landowner to examine the City's file relating to the Ocel V. Eagan lawsuit. There is nothing in that file that any longer remains within the attorney-client privilege. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. a2WmT "®JIB/lM Annette M. Margaret AMM O JOSEPH M. STOCCO & ASSOCIATES Attorneys at Law EDINA OFFICE CENTER 7600 FRANCE AVENUE, SO. SUITE 190 Joseph M. Stocco MINNEAPOLIS, MINNESOTA 55435 Telephone: 831-7879 David K. Wendel Area Code: 612 Don C. Day Patrick G. Fernand September 6, 1985 Jerry J. Lindberg Paul L. Dinger Mr. Tom Hedges City Manager City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel v. City of Eagan, et al Court File No. 91771 Our File No. L-1066 Gdr g, j ,'/e Z, C t.5 /Yla~ ~l~J Ia .s: a Dear Mr. Hedges: The trial of Ocel v. City of Eagan has been changed to commence January 28, 1986, so please advise if you will not be available for testimony for the two weeks following that date. I request that I be provided with the general conditions to the contract the City had with Bonestroo, Rosene, Anderlik and Associates, Inc., dated October 1, 1970. The second item I am interested in obtaining is the aerial photographs of the plaintiffs' property. Would you please check and see if you have any of those, and hopefully, you may even have both before and after the home was constructed. Thank you in advance. Sincerely, Don C. Day DCD/ab cc: Mr. Dale Peterson city of eagan 3795 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 Mayor PHONE: (612) 454-8100 THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER August 30, 1985 Council Members THOMAS HEDGES City Admirtistrotor - EUGENE VAN OVERBEKE City Clerk MR. DON C DAY JOSEPH M STOCCO & ASSOCIATES ATTORNEYS AT LAW EDINA OFFICE CENTER 7600 FRANCE AVENUE SOUTH - SUITE 190 MPLS MN 55435 Re: Ocel vs. City of Eagan Law Suit Your File Number L-1066 Lot 8, Block 2, Ches Mar First Addition Dear Mr. Day: In response to your letter of July 29th, I am forwarding to your attention the information you requested with the comments relating to each of the seven items listed in your letter as follows: Item #1 All building construction plans and specifications for the Ocel home which were submitted with the building permit have been destroyed by the City of Eagan and are no longer available. I have been informed by Dale Peterson, Chief Building official, that the City only retains these plans for 90 days after final inspection for occupancy. Item #2 Enclosed is a copy of the final plat of the Ches Mar Addition which shows the Ocel property designating the "low area" as a wetland. Item #3 Enclosed is a copy of the Development Contract for the Ches Mar First and Third Additions. I was not able to locate a copy of the agreement pertaining to the Ches Mar Second Addition. Although not specifically referenced, it is possible that the Third Addition Development Agreement incorporated the requirements of the Second Addition. Item #4 Enclosed are copies of preliminary grading plans for the First and Third Additions. Again, no grading plan could be found for the Second Addition. Also, on August 16, 1984, Bob Rosene forwarded to your attention a layout plan showing the drainage area. THE LONE OAK TREE ...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MR. DON C DAY OCEL VS. CITY OF EAGAN AUGUST 30, 1985 PAGE 2 Item 5 Without specifically going through the minutes of every Council meeting from 1978 to the present, the only Council minutes that could be easily located are those from August 7, 1979. A copy of which are enclosed. Item 6 A copy of the contract between the town of Eagan and Bonestroo, Rosene, Anderlik & Associates, Inc., dated May, 1968, is enclosed. This agreement was in effect at the time of the development of Ches Mar First Addition and the issuance of the building permits. Item 7 Original photographs dated August 26, 1981 of the Ocel property and related drainage system. If you would like additional clarification pertaining to any of the enclosures or need more information, please contact me. Sincerely, homas A. Colbert, P.E. Director of Public Works TAC/jbd enclosures cc: Paul Hauge, City Attorney JOSEPH M. STOCCO & ASSOCIATES P ECEIVELD1 a?f ° q 9a Attorneys at Law EDINA OFFICE CENTER 7600 FRANCE AVENUE, SO. SUITE 190 Joseph M. Stocco MINNEAPOLIS, MINNESOTA 55435 Telephone: 8317879 David K. Wendel Area Code: 612 Don C. Day Patrick G. Farnand July 29, 1985 Jerry J. Lindberg Paul L. Dinger Mr. Thomas Colbert Public Workers Director City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel v. City of Eagan, et at Our File No. L-1066 I_or S .41k z , eAx ,r„rre ~sr Dear Mr. Colbert: As you know I am representing the City of Eagan, and I wish to notify you that the above-entitled matter is now set for trial in Dakota County on October 1S, 1985. I expect the trial to take approximately one week, and during that period of time it may be necessary to call the following personnel from the City of Eagan: Mark Parranto, Tom Hedges, Tom Colbert, Dale Peterson, Jon Connelly and possibly other councilmen who were present and inspected the plaintiffs' home. I would appreciate it if you could make a search and send me the following documents if found: 1) Any plans and specifications for the 0cel home which were done either through Brad Jones and/or Schim ek Construction; ?2) Any plats or maps that would show the Ocel's lot as an out lot or as an area designated for ponding of water; '3) A development agreement for each of the first three additions ! 1S 3 of Ches Mar; ?4) Grading charts for the first three additions of Ches Mar; ^`'Y ,r s No-C 5) Any minutes wherein the Ocel property was discussed; v 6) The contract, which apparently was in 1969 between Bonestroo, etc. and the City relative to engineering consulting service, plus any written additions or alterations; ?7) A set of prints of the photographs taken on 8-26-81 by Tom Colbert, which I believe consists of nine prints. Thank you for your cooperation in this regard. Sincerely, DCD/ab Don C. Day cc: Mr. Tom Hedges 4 E city of eagan 3830 PILOT KNOB ROAD, P.0 BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 Mayor PHONE: (612) 454-8100 THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER January 17, 1985 Counci Members THOMAS HEDGES City Adnttrotor EUGENE VAN OVERBEKE City Clerk MR DON C DAY JOSEPH M STOCCO & ASSOC EDINA OFFICE CTR 7600 FRANCE AVE S, STE 190 MPLS MN 55435 Re: <Lot 8; Block 2, Ches Mar Addition Ocel Lawsuit Your File #L-1875 Dear Mr. Day: I am in receipt of your letter dated January 8, 1985, wherein you forwarded to me a report prepared by Schoell & Madson, Inc. pertaining to the drainage problem which is a basis for the ongoing lawsuit of the Ocel's versus the City of Eagan. In that letter, you requested information pertaining to real estate valua- tions for the above-referenced parcel for which the fair market value is determined and is used in computing the taxation. Please be informed that the City of Eagan does not prepare or perform real estate valuations on property. This is a function of the Dakota County Assessor's office. Therefore, I cannot provide you with the information that you requested. However, I would encourage you to check directly with the Dakota County Assessor's office for any additional information that you may need. If any additional action is required by the City of Eagan, please contact me when appropriate. Sincerely, qL .E. Tomas A. Colbert, , P.E. Director of Public works cc: Paul Hauge, City Attorney TAC/kf THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY - LAKE J1- ry V 1 V ' 11 1.r CJ 40 DRAINAGE AREA 5 Si E. DRIVE (4.a ACRRe ) SSUR 38 • PREUCI 39 ED THOMAS + C'~ STAT10 541 r + ' AK 11 - LAKE 0. WELL - K V LA E \ SITE (;K 9 PARK C0~ L1W~~I O I _ 41 hl i' _J IV is a sr ~ r r Ig 2 j NOMSHOVSE eLaKS ,r~ ;8• ~ fl 596 I CO RD 32 ILL H P/0 %%A Sle'ovt " in - •rr9•seutl 7~ ' . Is 1w CITES MAO' DRIVE CoalW Is"Do 93654 CLe- a's q 6 i a, 960 930 efE 930960 33.19% CtlYN•pl ClMhp2 95026 950tl0 931) 920 920950 950 )I0 910 940 C L.5- ts!.% 940 i5'2i'RCP )0 900930 930 0 1 .2 3 4 5 0 1 2 3 4 5 .~r 350, r~~it11".0 tn'f 4401 pni Mot 4C C1IES mm omm-1 to "a 4,•~,. EAGAN MINNESOTA 3124-ri ___.}NS . SEWER , WRRR6 S10RY SEWER 4, FREDRICKSON EXCAVATING CO. plate 8" Edina Realty Supplement To Earnest Money Contract The undersigned parties to an E, r k est Money Contract dated June 29, 1983 on property known as 4505 Ches Mcr Drive, Eagan, Minnesota Hereby mutually agree to amend said contract as follows: (I) CLOSING DATE...........Sept 11983 (2) Mortgage amount $ 92,000.00' Contract for deed..$ 42,000.00 *The payment on the contract for deed will be $350.00 monthly.The exact amount of this contract(and the payment)may be adjusted at closing if the mortgage amount is not exactly $ 92,000. (3) CONTRACT FOR DEED. (a) The vendees shall have the first right and option to purchase this contract in the event the vendors should sell the contract. (b) The vendees may transfer their interest in the future ONLY with the written permission of the vendors. The vendors cannot unreasonably withhold permission. (4) WATER PROBLEMS TO THE BASEMENT AND STORM SEWER SYSTEM PROBLEMS. The buyers herein accepts the explanation given by the sellers with regards to the above problems and agree to buy the home with the understanding that all there exists currently is the normal risk that a typical home would have when it rains. /F' p ais'i TX c gev4.*;"DLA'L o1=1923 T't{ e. %.i, i.r Awy ?7wM.~ f c Ta TA a ,g to-z.'.t aF 6S.7 T, S tom'/F~t s.c'" Cs Te All other terms and conditions of the Purchase Agreement to remai sam . DATED R V G. 17, / 9 f..3 BIfui B 7 - Cea2CL ©ti . x UY SEL hR gv?/f- ~(.fi~ SELLER 1) X's DATED Re~o~lfy E.R. 101 cif : JUl 2 0 RED Fill PURCHASE AGREEMENT r ASSUMPTION WITH C/D Edina Ed. t "a Rent Y. Date June 29, 1983 Realty INC REA_' i(-RS• M.L. 3, RECEIVED OF Shannal. R. an- Randall W. Berg (Joint tenants) thesumof one thousand dollars Ia000.00 j DOLLl~IS by check ter be deposited upon acceptance of offer by alt parties, but to be returned to buyer If offer i ejectegU D i (Chad. CashorNote) etvb it a •-pgy4:zie aE el. zing-for-IS,00f"i~'()-- Said earnest money is in part payment for purchase of property at - 4505 Ches Mar Dr'_ve, Eagan, Minnesntn situated in the County of Dakota State of Minnesota, and legally described as fpilows,:io-wit: legal to govern including all garden bulbs, plants, shrubs and trees. all storm sash, storm doors, detachable vestibules, screens. awnings. windowshades, blinds (including venetian blinds), curtain rods, traverse rods, drapery rods. Iihiin fixtures and bulbs, plumbing arlures. hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection therewith), WATER SOrTENER and liquid gas tank and controls tit the property of seller) sump pump, television antenna, incinerator, built-in dishwasher, garbage disposal, ovens, cook top stoves. all attached MIRRORS and central air ccndrticnina equipment. h any. used and located on said premisesandindudingalsothe following personal property: (specified on exhibit A and attached hereto as pal of this agreement ) see addendum "A" a)l'of which property the undersigned, as agent for the owner, has this day sold 10 the buyer for the sum of One Hundred Sixty Four thousand dollars** 0f9 Q " S I64,000.00 )DOLLARS p which the buyer agrees to pay in the following manner: / ly0') , r 26rnestmoney herein paid5 I1000.00 antl5 cash, onorbefore Sept I 83 ~ A S 92e600•00 - N by assuming in and agreeing or a a a purchaPeprice illre'a in the on the ez sl ng mortgage curr ceattime tip./ c premises If any ddletence t the purchase above t shall De posits re m cash at closing so roar the rtgag e. Inc ice will remain me same. Mortgage shall be current at hme . closing g buyer yer a nreesseller escrow tleposvs required to be maintained by mortgagee. In the event [hat mOnersha tbecom 5 approval of the yer on the e above mortgage closing. ii I passu be , buyer agrees to make a s application ip 5a~tl assumption imme0tafely.ll the buyertlcesnol spqualdy,ihis offer Shall become null and voids a m y ti r i Ddl4shall hall be refuncleafunded in lull 10 the buyer. Buyer agrees to pay assumption fee levied by mortgagee at lime of closing. 3 f . 00 $ by Contract for deep (Minn. Uniform Blank) between seller and purchaser payable in installments of per month or more at VC5 0 buyer, c inginteteSt at the tale of 1O pert riper annum computed on unpaid balances Interest shallrunlrom date of C1o5 inR First payment shall be due and payable on Oct IL s I98 3 ,and subsequent payments shall Dedtre.antl payable on day each sy eedl~0Qyryonth. Payments shall be creditedlirsl to interest shad remain derto principal.Theenure balance of this contract shell be'OUearrtl payable in lullno lalerihan dept 1 , -""O It ultandvoid This agree is contingent upon contract of dead a d ntei deed on seller o,before at el a a dectarethis purc daen e' s service written after to purchase said contract for deed at above discount Is received by buyer on or r.h e lies seller may tarn Contact lot ace aggreh o bo purch wnbenyera thereafter earnest money r Shalt shad be s deto buyer. .S Seller however. reserves the Fight to retain for tieetlwhethetera bona fide ootide offer to purchase of f e is. Or is not. notice to to bubu, made anq thereafter the closing closing shall proceed as provided herein. ' Seller agrees to pay all special assessments approved, levied, pending or of record as of date of closinp... 5&A9Ytt:.:: h"`°-• - dMsttrA:feN4latlrt4MmPdQtBBfPk'MinAlY.t.~&"Nt9d1}9EAv~ ex:exxvras'?A XxonduLkkR4ilReeL- qugpgeedeaKreepSate:r-gartas€ife~.vr~k~Ee sr x e34~es?& x ~t £n¢~u"rn"a"n a reeee ^ O 2I~?N,0 braaeenae*es~9al~aaertra9iplcattf~k;~l~k~;-~ b~Lwinufad.~'enuua~l~ersexat. s!°A9~:4S:~4r44~r?krF~'~b+? .a~rmdaYa~.~,n~~ca~ee~rm*Aa:~da++r'rP~:v*~~raws: Buyer has approved the (Truth in Housingg) or (Inspection port) and will receive a copy upon acceptance of this offer, Buyer is aware of Energy Audit and has ? received copy Risigned waiver. Form attached to this agreement Seller agrees to pay all special assessments approved, levied, pending, or of~~r! c~yrd at tlf a o1 closing. Subject to performance by the buyer the seller agrees to execute and deliver a'ftirid`rM ti'Iel*e;*Contract for (circle one) Warranty deed (to be joined by spouse, if any) conveying a marketable title to said premises subject only the the following exceptions (a) Building and zoning laws. ordinances. State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota.''' (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows (unless specified. not subject to tenancies)'. The buyer shall pay 3 /121hs of the real estate taxes due and payable in the year 1983 and the sellqer~ shall pay 9/l2ihs of the real estate taxes due and payable in the year 1983 together with any unpaid installments of special assessmentsdue and payable in the year 19l3Seller warrants frailest estatetazes due and payable in the year 19Ji will be g. Full 0 Partial 0 Non Homestead classification. Neither the seller nor the seller's agent make any representation of warranty whatsoever concerning the amountol real estatetaxeswhich shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, it any, are entirely within the boundary lines of the property and agrees 10 remove all personal property not included therein and all debris from the premises prior to possession date The seller further agrees to deliver possession notlaterthan -date of closing provided that aatheconditionsolthisagreement have beencompaed with. Unless otherwise specified this me shall be closed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by faeor any other cause before the closing date. this agreement shall become null and void, at the purchaser s option, and all monies paid hereunder shall be refunded to him. The buyer and setter also mutually agree that pro rata ad uslments of rents. interest, insurance,Fuel oil (if applicable). city water, and, in the was of income property. current operating expenses, shall be made as of date of closing The seller shall, within a reasonable time after approval of this agreement. furnish an abstract of title ora Registered Property abstract, cenAledto date to include proper searches covering bankruptcies. State and Federal judgements and liens, or, at seller's option, an owner's title policy in the full amount of the purchase price, the commitment for which shall be as of a current dale. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. II any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title,the payments hereunder required shall be postponed. but upon correction of title and within 10 days after written notice, the buyer shall perform this agreement according to its terms. II Said title is not marketable and is not made so within 120 days from the date of written object ions thereto as above provided, this agreement shall be void, and neither principal shall be liable for damages hereunder to the other principal. All money therelolore paid by the buyer shall be refunded. if the title tosaid property be found marketable or be so made said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, all the payments made upon this contract shall be retained by Said seller and said agent, as their respective interests may appear. as liquidated damages. time being of the essence hereof. This provision shall not deprive either party of the right of entorcing 1ho specs fic yertormanue of this contract provided such contract snail not be terminated as aforesaid. inn nroviderf >rrine+n..nr...r•e p.,ch.norirlp o?rformanee Shall be tlar ".5 3Le: such right of action shaft as:se. It is understood and agreed that this sale is made subject to the approval by the owner of Said premises in wrNng and that the undersigned agent is in no manner liable Or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. SELLER PLEASE INITIAL THE FOLLOWING: SELLER WARRANTS THAT THE PROPERTY IS DIRECTLY CONNECTED TO CITY SEWER yes CITY WATER yes SELLER WARRANTS ALL APPLIANCES. HEATING, AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING.y$g_. Buyer acknowledges that no prior representations have been made by either the seller or his agents regarding possible problems of water in the basement, or damage caused by water or ice but u o the roof of the above described property, and that buyer relies solely in that regard on the following statement by the seller that: Seller HAS see asSen,IT Has no hadawet basemen Lantlad rool,wall or ceiling damage caused by ice build up. (BUYER & SELLER P ASEI RIAL) Fsdhas not) has/has non Buyer(s) (II answer is Has see explanation on attached addendum.) Sated.) delivery of all papers odd monies Shall fbi?me he ofli of EDINA REALTY, INC., I , 4 5 West tit Street, tlina, Min to 55435 Lt dervan d`~^~^?~~) o/WXVy~Y p r r.ememeno 9y - (vBOr e . 0Ca1 Ape r reav rn? }it pica to P46 woo ny for the price am upon rite arms were w minl r al Citw r t reeaadje /Al (SEAL) (SEAL) ier) (Buy .r (SEAL) ~ (SEAL) (Seller) 01 uyer) R yz6 THIS IS A LEY BINDING CONTRACT. IF NOT UNDERSTOOD. SEEK COMPETE T ADVICE. A n /its n 164`,00.00 ti 356970 Fd1na Rea' 9 1 9 0 0.9 1 INC 756.27 42100.00 1ik4381.59 613.17 Seller's Statement 5 . 0 0 117.00 DATE September 1, 1983 1 5 0. 0 0 SELLER Thomas Ocel and Linda A. Ocel 1 0 • 0 0 9840.00 PROPERTY 4505 Ches Mar Drive 3 7 6 9 3 6 DEBIT FOR SALE OF 164 nn nn PLACEMENT FEE 3 S6 -70 MORTGAGE BALANCE 91 900 9I INTEREST ALL ust int. 756 27 PAYOFF PENALTY RESERVE CREDIT CONTRACT FOR DEED 42P 10f) a(L- INTERESTC/D 3 8 ? S9 TAXES 31121m fill 17 SPECIAL ASSESSMENTS SPECIAL ASSESSMENTS SEARCH 5 00 ABSTRACT {C,~H ARGES REh600'T/W SATISFACTION OF MORTGAGE 10-- 00 STATE DEED TAX w411 be due wben Gqntr-ac~ is paAj REALTORS FEE 6% 9, 840 00 CHECK TO BALANCE 7 TOTAL 6 o uw c 9 ao Edina Realty E.R. 607 5Mina Realty tdina Office '"c 4015 West 65th Street, Edina, Minnesota 55435 • (612) 927-1100 AGREEMENT It is hereby agreed that the doctrine of merger shall not apply and the terms embodied in the Purchase Agreement dated June 29, 1983 and any supplements thereto shall continue in effect after the closing on the property at 4505 Ches Mar Drive, Eagan, MN. Dated: c ~ i,? a~ omas Ocel Dated: Randall W. Berg Val Shannah K. Berg i i° REALTORS M. MLS V~ Edina Reall! 0• + 164000.00 4 Purchaser's Statement 1000.00 91900.91 - 756.27 - 42100.00 - DATE Sept. 1 19 83 28242.82 PURCHASER Randall W. Berg and Shannah K. Berg PROPERTY 4505 Ches ?far Drive, Eagan, Mn. DEBIT CREDIT PURCHASE PRICE $1 64, 000 00 CASH PAID AS E.M. 00 00 FIRST MORTGAGE 91, 90 91 INTEREST AuPUst interest 756 27 CONTRACT FOR DEED 42. 100 00 INTEREST RECORDING PAPERS Mt Re Tax 5) 1 SUP Check - recording $10.00 ) INSURANCE ESCROW TO BE ASSUMED ASSUMPTION FEE 91 90 e . check) Sept. let payment 824 00 (se p. check CASH TO BALANCE CHECK TO BALANCE 28 242 82 TOTAL 164 000 00 164, 000 00 Buyer to receive $600.00 from Edina Realty for refrigerator Buyer to receive $613.17 from sellers for 3/121a taxes Edina Realty E.R.605 ~1Aly' Gil COMPANIES August 31, 1983 Edina Realty 4015 W. 65th St. Edina, MN 55435 att. Rosemary Witten RE: Loan #10168525; Property: 4505 Ches Mar Dr., Eagan,MN 55123 The information shown below is furnished for the express benefit and use of the owner of the property,. This is not to be construed as a payoff quotation. Principal Balance $ 91,900.91 First Lien Tax & Insurance Deposit Balance $0.00 Breakdown of next payment due 9/1/83 Escrow Deposit $0.00 Principal $68.67 , Interest $756.27 , TOTAL: $824.00 The following items are required by us to show change of ownership on our records, notify the insurance agent, and any government insuring agency: 1. $ 91.90 Transfer fee to show change of ownership 2. Copy of new Warranty Deed (Recorded Deed must follow) 3. Assignment of Tax & Insurance Escrow Deposit Account 4. Funds needed to bring loan current: the 9/1/83 payment; late charge of $16.49, if we receive the 9/1/83 payment after 9/16/83. 5. Please have buyers sign the enclosed form(s) if applicable. 6. If buyers will purchase own insurance, we must have the insurance policy attached to the assumption package. A copy of the paid receipt must accompany the policy. The policy must be paid for one full year. BINDERS ARE ACCEPTED. The following figures are subject to change due to payments being applied or any disbursements from escrow. Sincerely, Jennifer Naglak Mortgage Loan Administration Enclosures c.c. George Ocel 100 Washington Square, Suite 1235, Minneapolis. Minnesota 55401, 612-333-1010 A Subsidiary of Gill Savings Association 1b Edina e(Bill of Sale IN CONSIDERATION OF THE PAYMENT OF ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Thomas Ocel and Linda A. Ocel, husband and wife (seiiers) of the County of Dakota and State of Minnesota, part ies of the first part, hereby Grant, Bargain Sell and Convey to (buyers) hannah K. Berg and Randall W. Berg part ies of the second part, the following described Goods, Chattels and Personal Property to wit: Pool table, chandelier in dining room; all carpeting; all drapes, window coverings; all existing lighting fixtures; water softner; auto garage door opener; dryer; fireplace doors, all equipt; all swimming pool equipt. and accessories. Sale and conveyance of the above personal property Is subject to the successful closing of sale of A505 rhE eMar n,4,7. by and between the parties hereto. Sellers (or seller) do hereby convenant and warrant that they are the lawful owner of said Goods, Chattels and Personal Property, and ha,xQ good right to sell same: THAT THE SAME ARE FREE AND CLEAR FROM ALL ENCUMBRANCES. IN TESTIMONY WHEREOF. The said part : of the first part he-here-unto set hands this day of 19 EDINA REALTY INC. BY 0. Edna Realty E R. 601 - eO--NTRACT FOR DEED Form No. 55-M Ind'vMuax.l to Joint Tenant. Minn«wwu IIniL,rm t'.mr«vnmin Iflo M t1'BM M'll IG P M' r No delinquent taxes and transfer entered; Certificate of Real Estate Value )filed ( )not required , 19__. County Auditor By Deputy (reserved for recording data) MORTGAGE REGISTRY TAX DUE HEREON: a L(reserved for mortgage registry tax payment data) Date: September t , 19-M THIS CONTRACT FOR DEED is made on the above date by Thomas -Orel and Linda A. Ocel, husband and wife (marital status) Seller (whether one or more), and husband and wife Purchasers, as joint tenants.. Seller and Purchasers agree to the following terms: 1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchasers hereby buy, real property in Daknra County, Minnesota, described as follows: Lot 8, Block 2, Ches Mar First Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. together with all hereditaments and appurtenances belonging thereto (the Property). 2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Building, zoning and subdivision laws and regulations: o. teal estui,e taxes and installments of special assessments which are payable by Purchasers pursuant to paragraph 6 of this contract; and (e) The following liens or encumbrances: a first mortgage now of record to Midwest Federal Savings and Loan Association of Minneapolis, dated November 10, 1978, filed December 5, 1978 as Document No. 527534; assigned to the Prudential Insurance Company of America, dated July 17,1979, filed July 20, 1979 as Document No, 54999. 3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchasers' prompt and full performance of this contract, Seller shall: (a) Execute, acknowledge and deliver to Purchasers a Warranty Deed, in recordable form, conveying marketable title to the Property to Purchasers, subject only to the following exceptions: (i) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract; (ii) Liens, encumbrances, adverse claims or other matters which Purchasers have created, suffered or permitted to accrue after the date of this contract; and (iii) The following liens or encumbrances, . See 2(e) and (b) Deliver to Purchasers the abstract of title to the Property or, if the title is registered, the.owner's duplicate certificate of title. 4. PURCHASE PRICE. Purchasers shall pay to Seller, at whnreupr A>eignnray the sum of ONE HUNDRED SIXTY FOUR THOUSAND AND N0/100 - - - - - - - ($_164,006 .00 as and for the purchase price for the Property, payable as follows: $ 29, 999.09 Cash, receipt of which is hereby acknowledged. $ 91, 900.91 By assuming and agreeing to pay, according to its terms and conditions, a first mortgage now of record to Midwest Federal Savings and Loan Association of Minneapolis, dated November 10, 1978, filed December 5, 1978, as Document No. 527534. $ 42, 100.00 By Contract for Deed, together with interest at 10% per annum, payable as follows: $351.00, or more at option of Purchasers, on October 1, 1983, and $351.00, or more, at option of Purchasers, on the first day of each and every month, until September 12, 1990, when the entire balance remaining, together with accrued interest, shall be due and payable in full. This is a balloon payment. Said interest shall be computed from September 1, 1983 and payments shall be credited first to payment of interest, and balance to reduction of the principal. Purchasers agree to make payments to both Thomas Ocel and Linda A. Ocel. Purchasers shall have the first right and option to purchase this contract in the event the Sellers should sell the contract. Purchasers may transfer their interest in this contract ONLY with the written permission of the Sellers. The Sellers cannot unreasonably withhold permission. 5. PREPAYMENT. Unless otherwise provided in this contract, Purchasers shall have the right to fully or partially prepay this contract at any time without penalty. Any partial prepayment shall be applied first to payment of amounts then due under this contract, including unpaid accrued interest, and the balance shall be applied to the principal installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. 6. REAL ESTATE TAXES AND ASSESSMENTS. Purchasers shall pay, before penalty accrues, all real estate taxes and installments of special assessments assessed against the Property which are due and payable in the year 19B4find in all subsequent years. Real estate taxes and installments of special assessments which are due and payable in the year in which this contract is dated shall be paid as follows: * 3/12's of the taxes due and payable in the year 1983 shall be paid by Purchasers; 9/12's of the taxes due and payable in the year 1983 shall be paid by the Sellers. Seller warrants that the real estate taxes and installments of special assessments which weredueand payable in the years preceding the year in which this contract is dated are paid in full. 7. PROPERTY INSURANCE. (a) INSURED RISKS AND AMOUNT. Purchasers shall keep all buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire, extended coverage perils, vandalism, malicious mischief and, if applicable, steam boiler explosion for at least the amount of If any of the buildings, improvements or fixtures are located in a federally designated flood prone area, and if flood insurance is available for that area, Purchasers shall procure and maintain flood insurance in amounts reasonably satisfactory to Seller. (b) OTHER TERMS. The insurance policy shall contain a loss payable clause in favorof Seller which provides that Seller's right to recover under the insurance shall not be impaired by any acts or omissions of Purchasers or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgage clause. (c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty, Purchasers shall promptly give notice of such damage to Seller and the insurance company. 8. DAMAGE TO THE PROPERTY. (a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the insurance proceeds paid on account of such damage shall be applied to payment of the amounts payable by Purchasers under this contract, even if such amounts are not then due to be paid, unless Purchasers make a permitted election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverse order of their maturity. Such payment shall not postpone the due d- 'the installments to be paid pursuant to this contract or change the amount of such ' ° n`. hors of incnlrame inn r.'edc . if any. shall be the property of Purchasers. 1W PURCHASERS' ELECTION TO REBUT L.D.af I'urehasers are not in default under this contract, or after curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do not require otherwise, Purchasers may elect to have that portion of such insurance proceeds necessary to repair, replace or restore the damaged Property (the repair work) deposited in escrow with a bank or title insurance company qualified to do business in theStateof Minnesota, or such other party as may be mutually agreeable to Seller and Purchasers. The election may only be made by written notice to Seller within sixty days after the damage occurs. Also, the election will only be permitted lithe plans and specifications and contracts fortherepair work are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted election is made by Purchasers, Seller and Purchasers shall jointly deposit; when paid, such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the repair work, Purchasers shall, before the commencement of the repair work, deposit into such escrow sufficient additional money to insure the full payment for the repair work. Even if the insurance proceeds are unavailable or are insuffficient to pay the cost of the repair work, Purchasers shall at all times be responsible to pay the full cost of the repair work. All escrowed funds shall be disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Purchasers into such escrow before the commencement of the repair work. Purchasers shall complete the repair work as soon as reasonably possible and in a good and workmanlike manner, and in any event the repair work shall he completed by Purchasers within one year after the damage occurs. I f, following the completion of and payment for the repair work, there remain any undisbursed escrow funds, such funds shall he applied to payment of the amounts payable by Purchasers under this contract in accordance with paragraph 8 (a) above. 9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY. (a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries occu rri ng on or after the date of this contract to any person or persons or property while on or about the Property. Purchasers shall defend and indemnify Seller from all liability, loss, costs and obligations, including reasonable attorneys' fees. on account of or arising out ofanysuch injuries. However, Purchasers shall have no liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) LIABILITY INSURANCE. Purchasers shall, at their own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occurring on or about the Property in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. 10. INSURANCE, GENERALLY. The insurance which Purchasers are required to procure and maintain pursuant to paragraphs 7 and 9 of this contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall he maintained by Purchasers at all times while any amount remains unpaid under this contract. The insurance policies shall provide for not less than ten days written notice to Seller before cancellation, non-renewal, termination or change in coverage, and Purchasers shall deliver to Seller a duplicate original or certificate of such insurance policy or policies. 11. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchasers under this contract, even if such amounts are not then due to be paid. Such amounts shall he applied first to unpaid accrued interest and next to the installments to be paid as provided in this contract in the inverseorderoftheir maturity. Such paymentshall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. The balance, if any, shall be the property of Purchasers. 12. WASTE, REPAIR AND LIENS. Purchasers shall not remove or demolish any buildings, im- provements or fixtures now or later located on ora part of the Property, norshall Purchasers commit or allow waste of the Property. Purchasers shall maintain the Property in good condition and repair. Purchasers shall not create or permit to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller's interest in the Property. Purchasers shall pay to Seller all } a mounts, costs and expenses, including reasonable attorneys' fees, incurred by Seller to remove any such liens oradverse claims. 13. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchasers' full performanceof pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to Purchasers. The mortgage registry tax due upon the recording or filing of this contractshall be paid by the party who records or files this contract; however, this provision shall not impair the right of Seller to collect from Purchasers the amount of such tax actually paid by Seller as provided in the applicable law governing default and service of notice of termination of this contract. 14. NOTICE OF ASSIGNMENT. If either Seller or Purchasers assign their interest in the Property, a copy of such assignment shall promptly be furnished to the non-assigning party. 15. PROTECTION OF INTERESTS. If Purchasers fail to pay any sum of money required under the terms of this contract or fail to perform any of their obligations as set forth in this contract, Seller may, at Seller's option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated in paragraph 4 of this contract, as an additional amount due Seller under this contract. If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for deed, lien orencnn?hranc ^r„n rt which io „ui iieatin expressly assumed by Purchasers, and provided Purchasers are not in default under this con tract, Seller shall timely pay all amounts due thereon, and if Seller fails to do so, Purchasers may, at their option, pay any such delinquent amounts and deduct the amounts paid from the installment(s) next coming due under this contract. 16. DEFAULT. The time of performance by Purchasers of the terms of this contract is an essential partof this contract. Should Purchasers fail to timely perform any of the terms of this contract, Seller may, at Seller's option, elect to declare this contract cancelled and terminated by notice to Purchasers in accordance with applicable law. All right, titleand interest acquired under this contract by Purchasers shall then cease and terminate, and all improvements made upon the Property and all payments made by Purchasers pursuant to this contract shall belong to Seller as liquidated damages for breach of this contract. Neither the extension of the time for payment of any sum of money to he paid hereunder nor any waiver by Seller of Seller's rights to declare this contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this contract because of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law, Purchasers shall, upon demand, surrender possession of the Property to Seller, but Purchasers shall be entitled to possession of the Property until the expiration of such period. 17. BINDING EFFECT. T' , terms of this contract shall run with the land and bind the parties hereto an% their successors in F in. „rnrnivua. neaaings of the paragraphs of this contract are for convenience only and do not define, limit or construe the contents of such paragraphs. U 19. ASSESSMENTS BY OWNERS' ASSOCIATION. If the Property is subject to a recorded declaration providing for assessments to be levied against the Property by any owners' association, which assessments may become a lien against the Property if not paid, then: (a) Purchasers shall promptly pay, when due, all assessments imposed by the owners' association or other governing body as required by the provisions of the declaration or other related documents; and ) (b) So long as the owners' association maintains a master or blanket policy of insurance against fire, extended coverage perils and such other hazards and in such amounts as are required by this contract, then: (i) Purchasers' obligation in this contract to maintain hazard insurance coverage on the Property is satisfied; and (ii) The provisions in paragraph 8 of this contract regarding application of insurance proceeds shall be superceded by the provisions of the declaration or other related documents; and (iii) In the event of a distribution of insurance proceeds in lieu of restoration or repair following an insured casualty loss to the Property, any such proceeds payable to Purchasers are hereby assigned and shall he paid to Seller for application to the sum secured by this contract, with the excess, if any, paid to Purchasers. 20. ADDITIONAL TERMS: S/F/(S) ' PURC -12111 Thomas Ocel Randall W. Berg Linda A. Ocel Shannah K. Berg State of Minnesota County of The foregoing instrument was acknowledged before me this 7L day of 19 by Thomas Orel and Linda A. Ocet husband and wife N(5;T LSTAMI'OR SEAL(OR OTHER TITI.EOR HANK) , Z 61°~e JILL MAMEL `aa4 NOTARY PUBLIC . MINNESOTA HFNNEPIN COUNTY MY Commission Expires Apr. 5. 1988 • ~.vN'v)nvavvvwvvw)rwv.. ' GNATIIRF: OF NOTARY PUBLIC OR OTHER UFFICIAI. State of Minnesota County of HENNEPIN The foregoing instrument was acknowledged before me this _I day of September -,19 R~ by Randall W RPrB and Chnnngh K Rerg1 h h nd and wife NOTARIAL STAMP OR REAL (OR OTHER TITLE OR RANK) r:AAAAAAMMAA AAAINNJNJJ.W:~ _eROErrv!!.RY WHITTEN S NATURE OF O ARYPUBLICOROTHEROFFICIAL LP.., PUBLIC - ! .ill:.SCLA lax Stalementstor an real properly des(Xlbee in this instrumad should be sent to: v Ira. I'LL c. a.al'r "5 Randall W. Berg 4505 Ches Mar Drive Eagan, Mo. 55123 THIS INSTRUMENT WAS DRAFTED BY (NAME AND AOURESS) Edina Realty Inc. 4015 W. 65th St. Edina, Mo. 55435 • 4 FAIIAIRF 9't) I " ORD OR FILE THIS CONTRA('T FOR DFFI) MAY GIVE OTHER PARTIES JOSEPH M. STOCCO & ASSOCIATES Attorneys at Law EDINA OFFICE CENTER 7600 FRANCE AVENUE, SO. DECEIVED JAS'S 10 1 SUITE 190 Joseph M. Stocco INNEAPOLIS, MINNESOTA 55435 Telephone: 8317879 David K. Wendel Area Code: 612 Don C. Day January 8, 1985 Patrick G. Fernand Jerry J. Lindberg Paul L. Dinger Thomas A. Colbert Director of Public Works City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 o.r L0 Re: Ocel v. City of Eagan, et al c4j-4 y12ur / sT Our File No. L-1875 Dear Mr. Colbert: As you know I am defending the City on a lawsuit brought by the Ocels. I am enclosing a report from Schnell & Madson relative to the design of the system and relative to the sale of that property by the plaintiffs. I am sure you will want to review this report and to consider whether there should be any alteration made in the drainage system or whether contact should be made with the present owner of the property relative to raising that driveway so that there will be no overflow, from the street. I am also enclosing a copy of my letter to Rosene's attorney tendering this matter again to them. I also urge you to press upon Mr. Rosene that the City feels he should accept the tender of this case and attempt to resolve the case with the plaintiffs. I would appreciate receiving from you all of the real estate evaluations on this particular property on which the fair market value is determined which is used in computing the taxation so that I can compare the county's fair market assessment value with the price for which this home was sold. It is my understanding that the fair market value as listed on the tax statements are generally lower than the fair market value and if there is some formula for the under evaluation amount I would appreciate knowing what it is. Sincerely Don C. Day DCD/jmb Encls. cc: Paul H. Hauge amity of eagan 3830 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN, MINNESOTA 55121 Mayor PHONE: (612) 454-8100 THOMAS EGAN JAMES A. SMITH JERRY THOMAS E October 1, 1985 THEODORCwncll WACHTER THOMAS HEDGES City Admirus"otor EUGENE VAN OVERBEKE City Clerk MR DONi; DAY JOSEPH M STOCCO & ASSOCIATES 7600 FRANCE AVENUE SOUTH SUITE 190 MPLS MN 55435 Re: Wot 8,_ Block 12,__Ches Mar 1st Addition (Law) Suit) Dear Don: Recently, you asked for information pertaining to any billings the City may have received from our consulting engineering firm of Bonestroo, Anderlik & Associates, Inc., that may pertain to the drainage problem identified in the law suit for the above referenced lot. Enclosed please find their Invoice #7497 for April 1978 with two highlighted references to surface drainage problems. The first one refers to Ches Mar "Third" Addition but this may have been a typo due to confusion as to the actual location of the problem. However, this is speculation on my part. The second reference pertains to a meeting with the "Public Works Director". Prior to October-1978, I was not employed with the City of Eagan and a "Director" did not exist. This may be a reference to the Public Works "Superintendent". Again, this is speculation on my part as the Superintendent has since retired. The "registered engineer" referenced as spending the amount of time on these items is most likely Mr. Keith Gordon, of BRA, Inc., who was the primary liaison individual for the City of Eagan at that time. I am also forwarding to your attention, two pieces of information that were discovered as being misfiled through a routine search of other files. I am not certain whether this information was previously forwarded to your attention, if so, please disregard. THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MR DON DAY OCTOBER 1, 1985 PAGE TWO In regards to your request for information pertaining to the consulting engineering contract between the City of Eagan and BRA, Inc., we do not have any copies of this contract from 1970 - 1980. I would think that the consulting firm would have this information and would provide it to you upon request. If not, let me know and I will pursue the request on your behalf. Please let me know if any additional information would be helpful. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/jbd enclosures l PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN 1ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH August 19, 1978 AREA CODE 612 TELEPHONE 454-4224 Mr. Thomas Hedges Eagan City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel-Jarvi drainage problems Dear Mr. Hedges: for $ AI<2 ^c/?w Sur+" This letter is for the purpose of summarizing the^prese^' *••^ '^^ of storm drainage problems at the Ocel and Jarvi homes in/Ches Mar Addition The Ocel and Jarvi homes are newly-built homes at the north end of Ches Mar Drive. Both homes are below street level and have had severe problems with erosion and flooded basements this summer. To help alleviate the problems the developer recently installed a sewer extension through both properties, with City cooperation. Before the sewer extension was added, the Ocels had used a culvert to drain a low area on their property. The drainage from the culvert crossed the Jarvi property to a pond behind the Jarvi house and caused sever erosion. Because of the severe rainfalls, the added storm sewer was unable to handle all drainage, and the old culvert on the Ocel land, which was closed by the Ocels at the request of City Engineer Rosene, opened up again and flooded the Jarvi property. The attorney for the Jarvis has threatened to bring a lawsuit to have the culvert removed. This attorney argues that the City is responsible because it allowed the Ocel house to be built and because the storm drainage system is insufficient to handle all the runoff. With certain improvements suggested by Mr. Rosene, City responsibility for any problems should be minimized, but potential for involvement in a lawsuit remains if the culvert is not .removed. It will be hard for the City to order the Ocels to remove the culvert, but it might help to write the Ocels and let them know that if the culvert remains, the City will not be responsible for any resulting legal actions. Mr. Rosene will bring this up at the Council meeting tonight, and he will be able to fill you in on the details. Very truly yours, Bradley Snt {Qcr -dfieoa, I(OS?te. 4n?ezli?a a riedoclQted, Jiic. .2335 ?f/. Tank o4Qghwap 36 AA Paa4 Minneaola 55!13 '/dons 636-4600 June 29, 1978 One G. Bonestroo, P.E. Robert W. Rosen, P.E. Ioseph C. Andertik, P.E. "- Bradford A. Lemberg, P.E. Robert D. Frigaard, P.E. Richard E. Turner, P.E. James C. Olson. P.R. Lawrence F.. Feldsien, P.E. Glenn R. Cook P.E. Keith A. Gordon, P.E. Thomas E. Noyes, P.E. - Richard W. Foster, P.E. Robert G. Schunicht, P.E. Marvin L. Sorvala, P.E. Donald C. Burgardt, P.E. Kenneth R. Meister, P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson ??ae?, QPa{z#? ) Mr..Ron Swanson, Atty. 4020 IDS Center Minneapolis, Mn. 55402 6u 4V•T Rat Chas Mar let Addition l.or s e tti• z L?"gan, Minnesota File No. 49 Dear Sir: In accordance with your request, we are transmitting. herewith one copy of a portion of the site drainage plan for this Addition as it relates to tots 7 and 8 of Block 2. This is the property occupied by the Ocel and Jarvi families. Please advise if there art questions concerning these items. Yours very truly, BONESTROO, ROSENE, ANDERLI& & ASSOCIATES, INC. Robert W. Rosen AifRtli a tC_' } k?t i _ e'D=1S n?^X t to .- , tl? 4H{ .S ??'i ?i ,}+ ? ? Encl. cc: Tom Hedge Admin. Att P l H ?/ au auge, y• ?j ?G? ro , IX ?Pjj g l5: e.. e"9' WO -,.... aee«p Cnytera as Otto G. Bonestroo, P.E. Lawrence F. Fetdsien, P.E. Robert W. Rosen, P.E. Glenn R. Cook, P.E. Joseph C. Anderlik, P.E. Keith A. Gordon, P.R. Bradford A. Lemberg. P.E. Thomas E. Noyes, P.E. Robert D. Frigaard. P.E. Richard W. Faster, P.E. Richard E. Turner, P.E. Robert G. Schuntchb P.E. James C. Orion. P.E. Marvin L. Sorvala, P.E. Donald C. Burgardt, P.E. April 1978 Kenneth R. Meister, P.R. Charles A. Erickson Leo At. PawNSky Harlan M. Olson City of Eagan Eagan, Mn. 55122 File No. 49 RE: General INVOICE NO. FOR ENGINEERING SERVICES RENDERED CONTINUED Meeting with Mayor Check Zoning Map revisions Meeting with Mn.D.O.T. re: Cedar Freeway Meeting with Mr. Bruestie re: assessment Meeting with Floyd Forsburg re: Oak Pond Hills 2nd Addition Meeting with Administrator on 3/30 re: development problems Meeting with Rick Strumm re: Twin View Manor Meeting with lin.D.O,T. re: Cedar frontage road revisions Review Bicentennial and Addition Plat Review development contract form Meeting with Planner re: Eagan Hills development Meeting with Administrator re: County Road 31 Review Pilot Knob 5th Addition revised plat 7 Prin.Engr. 3 Hrs. $ 90.0 Prin.Engr. 1 Hr. 30.0 Prin.Engr. 2 Hrs. 60.0 Prin.Engr. 1 Hr. 30.C Prin.Engr. 1 Hr. 4'/( 30.( Prin.Engr. 3 Hrs. 90.C Prin.Engr. 1 Hr. 30.0 Prin.Engr. 1 Hr. 30.C Prin.Engr. 2 Hrs.u :/ 60.( Prin.Engr. 1 Hr. 30.( Prin.Engr. 2 Hrs. !9/ 60.( Prin.Engr. 1 Hr. 30.( Prin.Engr. 1 Hr. 30.t $1,855.( Printing of plan sheets sent to Mn.D.O.T. for I-35E on 4/5/78 - - - - - - - - - - - 15.( $1,870.1 L4 5-- i? . All bills due and payable within at, days. --- Interest will be charged at the rate of 6, after e0 days. I declare under the penalties of perjury that I sso the person making the within claim: that I have examined said claim and that the same is just and True: that the 'es therein charged were actually rendered and were of the value therein charged: that the fees therein charged are official and are such as are allowed by law; and that no part of said claim has been paid. The effect of this verification shall be the same as if subscribed and sworn to under oath. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC. r r. Signature of Claimant /3a rethoa, aaddsom, 4#s alilz 9 4saociate.S, Pere. .2335 */. 74"" Jighwaq 36 S2 flaw Mi«wedola 55ff3 P4one: 636-4600 City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 i^b Ira APR 14 I9T3 G?a.6d.6i .,y &S9y MA Otto G. Sonestroo. P.E. Lawrence F. Feldslen, P.E. Robert W. Rosen,. P.E. Glenn R. Cook. P.E. Joseph C. Anderlik. P.E. Keith A. Gordon. P.E. Bradford A. Lemberg, P.E. Thomas E. Naye,, P.E. Robert D. Frigaard, P.E. Richard Iv. Foster, P.E. Richard E. Turner, P.E. Robert G. Schunicht, P.E. James C. Olson, P.E. Marvin L. Sorvala. P.E. Donald C. Burgardt, P.E. Kenneth R. Meister, P.E. April 19 78 Charles A. Erickson Leo M. Pawelsky Harlan At, Olson RE, File No. 49 General INVOICE NO.-L-1-4 9 7 FOR ENGINEERING SERVICES RENDERED March 1 thru March 31, 1978 Attended Council Meetings of March 7 and 21, 1978 $ 60.00 Attended Planning Commission Meeting of March 28, 1978 30.00 Attended Special Road Commission Meeting of March 8, 1978 30.00 Attended Special Planning Commission Meeting of March 14, 1978 30.00 Attended Special Park Trails Meeting of March 23, 1978 30.00 Assistance with sewer easement for M.W.C.C. Interceptor Acquisition Reg.Engr. 3 Hrs.;w-- - 75.00 Review miscellaneous utility permits Reg.Engr. 4 Hrs. 100.00 Partial preparation of Major Street Plan Reg.Engr. 5 Hrs. 125.00 Z Inspect surface drainage problem in Ches Mar 3rd Addition with Building Inspector Reg.Engr. 1 Er. 25.00. Review revised Hilltop Estates Plat Reg.Engr. 1 Hr. J:=:'i 25.0C Review Oak Chase 4th Addition preliminary plat Prin.Eng::. 2 Hrs. ; 60.00 Reg. Engr.. 1 Hr. ' 25.00 Compute Mission Hills Park dedication Reg.Engr. i H--. 25.00 Review Driver License Area sanitary sewer layout with PIn.D.O.T. PrinEr.gr. 1 Hr. 30.00 Assist with Eagan Major Street Financing Prin.Engr. 2 Hrs. 60.00 M.W.C.C. Interceptor Acquisition Prin.Engr. 1 Hr.y• r 30.00 Mescellaneous development questions Frin.Engr. 1 Hr. 30.00 Review R.L. Johnson water system preliminary plan Prin.Engr. 1 Hr. i; 30.00 Assist with Cedar Ave. Freeway Prin.Engr. 1 Hr. 30.00 Review I-35E revised layout Prin.Engr. 1 Hr. 30.00 Review utility permits Prin.Engr. 3 Hrs. 90.00 Meeting with Charles Dahlgren re: development North of Crestwood Dr. Prin.Ergr 1 Hr. c .e/ 30.00 Meeting with Midwest Planning re: Zylka Property Reg.Engr. 1 Hr. ct:a 25.00 Review Blackhawk Rd. costs with Mn.D.O.T. Prin.Engr. 1 Hr. 30.00 Reg.Engr. 1 Hr. 25 00 Review surface drainage problems with Public Works Director Reg.Engr. 1 Hr''-1-1 25.00 Review Hardee's preliminary plat Prin.Engr. 2 Hrs. ., 60.00 Check Rustic Hills drainage plan Prin.Engr. 1 Hr. i--;; 30.00 Meeting with Dale Runkle re: planning items Prin.Engr. 2 Hrs. 60.00 All hills due and payable within 36 days. •-. Interest will be charged at the rate of 6% after 68 day.. I declare under the penalties of perjury that I asn the person making the within claim; that I have examined said claim and that the same is just and true: that the services therein charged were actually rendered and were of the value therein charged; that the fees therein charged and that no pan of said claim has been paid. The effect of this verification shall be the same as if sub.crihed and swor are official and are s n to under oath. uch as are allowed by law; BONESTROO. ROSENE. ANDERLIK & ASSOC IATES, INC. I ?1? (? 1_1/t•:> by i i' Signfilnre it Churnan . WILLIAM D. SCHOELL JAMES R [ERR -JACK T VOSLER HAROLD E. OAHLIN LARRY L. HANSON KENNETH E ADOLF THEODORE C. KEMNA GERALD L. BACKMAN CARLISLE MAOSON Con®vltent Lam/ - Y ' - BCHOELL & MADSON, INC. ENGINEERS* SURVEYORS* PLANNERS SOIL TESTING 2) 939-7601 • 50 NINTH AVE. $0. • HOPKINS. MN 55343 November 16, 1984 Mr. Ronald H. Swanson, Attorney at Law 2108 I D S Center Minneapolis, MN 55402 Subject: Drainage at Ocel Property, Eagan, Minnesota Lot 8, Block 2, Ches Mar 1st Addition Dakota County Dear Mr. Swanson: At your request we have reviewed the drainage conditions present upstream of the Ocel property at the north end of Ches Mar Drive to try to determine the cause or causes of damage to lawn, driveway and landscaping on that and adjacent lots. Historically, the original drainage system was installed in 1977. It consisted of five catch basins, two manholes and about 895 feet of 12" diameter reinforced concrete pipe in Ches Mar Drive and the Ocel property. The system started, at Ches Mar Drive and Dunberry Lane and drained north to the Ocel driveway, thence westward in the Ocel property into a small sump in the rear of that tract. Plan "A" attached is an enlarged reproduction of the plan received from Bonestroo, Rosene, Anderlik & Associates, Inc., the City's consulting engineering firm; it shows the incremental drainage areas tribu- tary to the various catch basins; we have added color for identification. Plan "B" is an enlarged print of the detailed original plan and profile for the same construction, as received from the Bonestroo firm. We were advised by the consulting engineers that several alterations were made in 1978 to the original installation: a new 15" pipe was installed leading from Manhole 100 in the Ocel property downhill to the large pond north of the Jarvi property; a new 15" pipe was dnatalled carrying runoff from - r Mr. Ronald Swanson Page 2 November 16, 1984 the two catch basins in the intersection of Ches Mar Drive and Dunberry Lane southward and westward into a sump in the City park area west of Ches Mar Drive; the pipe formerly carrying runoff from the latter intersection north- ward into the Ocel system was sealed off at Catch Basin 104. The effect of these two latter changes was to reduce the area contributing to flow into the Ocel system by about six acres, thus reducing its tributary area to about five acres. The area removed is shown in blue and the remaining tributary areas are shown in yellow, red and green. We have computed the theoretical amount of runoff draining into the Ocel system for a 10-year frequency storm and find that the theoretical quantity exceeds the pipe capacity, even with ponding in the street near the Ocel driveway to a depth of 6". Because of use of catch basin gratings which can be fouled by leaves, branches and other substances carried by gutter flow, it is probable that there has been some ponding to a greater depth than 6" at the low catch basins adjacent to the Ocel and Jarvi tracts, Nos. 102 and 101, during storms With a frequency of less than once in 10 years. Such backing up would result in runoff flow overtopping the driveway rise at the property line on both the Ocel and Jarvi tracts, which rises are 1.3 feet and 1.0 feet, respectively, on the two tracts. Overtopping results in runoff flow down into the interior of these properties and possible erosion of lawns and driveways and damage to landscaping. If further study is needed relative to this condition, we will be glad to pursue it. Very truly yours, SCHOELL INC. WDSchoell:sd i THOMAS LAKE O, (596 INOMa .. .. `, _. ._.. LAKE I ±*t@; I I 540 IDE DRIVE _ L?? tAINAGE AREA f 4.e ACRES c` MOUSE 16 O SH mfcm aLoc,\ CO. RD 32 ?' aa I 11 f' `` rq0l . I plan "A I/ JUL c u Ruhr PURCHASE AGREEMENT ?' ` ASSUMPTION WITH C/D Edina Ed': -ICE Real [ S INc Dale June 29, 1983 Realty REP L,i -RS a M.L I Shannal. X. an- Randall W. Berg (Joint tenants) RECEIVED OF thesumof coo •houraad-dollars ($ Ie000.00 ) DOLLS ?r by check t be deposited upon acceptance Of offer by W! parties, but to be returned to buyer if off er iVejecteO,)(brisk. Cash or Nole) - - at-ell for Said earnest money is in part payment for purchase of property at .. 4505 Ches Mar Drive, Eagan, Minnpsnt situated in the County of legal to govern State of Minnesota,and legally described as foilows;to-wit: including all garden bulbs. plants. shrubs and trees. ail storm sash. storm doors. detachable veslibdes. screens. awnings. i TOM. traverse roos. drapery rods homing fixtures and bulbs plumoing o.:ures hot water tanks and healing plant (with 1 connection therewith) WATER SO:TENt_F and liquid gas lank and comols Ill the property of seller) sump pump, Idle disposal, ovens. cook top stoves. al: attacned MIRRORS and central an ccr.dilic.ning equipment. Many: used and located r property. Specified or. Eambrl A and attached herein as part 01 this agreerl ) see addendum r'A" Q Q of which property the undersigned, as agent for the owner, has this day sold to the buyer for One Hundred Sixty Four thousand dollars*--** winters. tanks. stokers and other eQL t antenna, ncinerala, bum -in drshw d pre misses and eteuding also the f of sum of S 264,000.00 which the buyer agrees to pay in the following manner: 3-7 00 O C?o E6rnestmoney herein paitlS Ir000.00 and5-34741 ? t 7 .cash, on or before Sept 12, 6 Ate., 11 n ?rtf 9 $ 2.600.00 byassummganaaoreeingto0 ,zooms a -e : t. ontneeastn mortgage recoroeae list sera premises If any difference in the above amount. I snall be adiuslea in cash at closing so that ire purchase price will remain Ind carne. Mortgage shall be current at lime closing At closing, buyer agrees to purchase Belle: s escrow deposits required to be maintained by mortgagee in the event that mortgagee requires approval of the •yer on rite, pppp above mortgage assumption, buyer agreesto make application to said assumptior.immedalely lithe buyerdoes not SDqualdy.this OOd: Shall becomenulland voids a Dj shall be re'unoed in lull to the buyer Buyer agrees 10 pay assumption fee levied by mortgagee at time of closing 3 3'.00 S ?` 1U1?DOyconnaclfor tleep tMmn Uniform Blank)between sellerand purchaser payable ir1 Mstallmems pl '?'e'? month or more at buyer. sine imeiestanne rate of 1 pert mcerannumcomputed on unpaidbalances trnerest atwuruneom - .date Of CI using ' in Fast payment snap be due antl dyable m OC t l a I98 3 p ymenta snap payable on day each c eed min. D . and subsequent a be due.ana yfe ac yr eedf o Payments shad be credaedfrst to interest and remainder topnncipal.Tne entire balance orthis contract snalibe'bue andpayable mlull nolalerlnan S lL This agreement is conlogerril upon Inc sale of nits above proposed contract for deedon lien on e ,I11 at aayseoua of not cha en =°-lgl and vent If no women otter to purchase se said contact tot aeeo at above ove discount is received by seller on or before the above date seller may declare Ions purdeed agreement null and void by service of writer. no:rt.e to buyerend thereafter all sallies! money shall be refunded to buyer. Seller, however, reserves the right to retain ConlraCl la deed whether a bona fide after Io purchase is. or is not. mac!, and Inereager the closing shall proceed as provided herein agrees to ;)Ay all special assessments approved, levied, pending or of record as of date of obstnp.. r??atrtielGYJI•a:•atlYhYreMs`el:trksFJykfYi'. Buyer has approved the (Truth in Housinp r of (Inspection Deport) and will, receive a copy upon acceptance of tins offer Buyer is aware 01 Energy Auon and has U receives Copy t` signed waiver. Form anacnec 10 tors agreement Geller agrees to pay all special assessment, approved, levied, pending, or ofv.r?cprd.a lirr)e;ol closing. Subject to performance by the buyer the seller an•ees to execute and deliver a'_irtlraf3?lditediCenlmcl for (circle one) Warranty deed (to be joined by spouse. a any) Conveying a marketable title to said premises subteen only the the following exceptions (a) Bulomg and zoning laws. Ordinances Sale and Federal regulations (b) Restrictions refilling to use or improvement of premises without effective forfeiture provision (c) Reservation of any minerals o• mineral hums to the Stale of Minnesota (0) Utility and drainage easements which do not Interfere with present improvements .`3 le) Rights of tenants as follows (unless specified, not subject to tenancies) - Tnenbuyer snaepay 3 /17hs of the real estate taxes dueand payable mine year 1983and the seller Shall pay 4//12thsol the real estate taxes due and payable In men' year 19p83 together with any unpaid installments of special assessments due and payable in Ire year 191)Seller warrants that real estatelaxes due and payable in the year 19(1 will be A Full 0 Partial 0 Non Homestead classification Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real esteletaxes which shall be assessed against the properly subsequent to the date of purchase Seller covenants that buildings. if any, are entirely within the boundaryrates of the property and agrees to remove as personal properly not included thereinand all aebns Iromthe premises prior to possession dale The seller further agreeslodelrver possession not laterthan 'date of closing provided that all thecondilions of this agreement have beencompled with. Unless otherwise specified this sale shall a Closed on or before 60 days from the dale hereof In the event this property IS destroyed or substantially damaged by lee or any other cause before the closing date. this agreement Sall become rkal and void. at the purchasers option, and au monies paid hereunder shall be refunded to him. The buyer and user also mutually agree that pro rata ad ustmems of rents. interest, nsurance.Fuel oil (a applicable). city water. and. in the rase of income property. current date or closing operating expenses. snau De mane as of The seller shall, within a reasonable time Otter approval 01 this agreement furnish an abstract of title a a Registered Property abstract. cended to dale loinolude proper searches Covering bankruptcies, State and Federal judgements and lens. or, at seller's option, an owner's idle polity in the full amount Of the purchase price. the commftmenl for wtuch shall be as of a current dale The buyer shall be allowed 10 days after receipt thereof la examination of said title and the making of any objections thereto, said objections lobe mile in writing or deemed to be waived 11 any objections are so made the seller shall be allowed 120 days to make such fate marketable. Pending Correction of lille,the payments hereunder required shall be postponed. but upon correction of are and within 10 days after wrmen notice, one buyer Shall perform this agreement according toes terms e said title is not marketable and is not made so within 120 days from the dare of written objections thereto as above provided this agreement shall be void, and neither principal shall be liable for damages hereunder to the olher principal All money theretofore paid by the buyer shall be refunded II the title to said properlybe found marketable of be so made said timel and said buyer shall default in any of the agreements and Continua in default for a period of 10 days. all the payments made upon this contract shall be retained by said seller and said agent es (heir respeclive interests may appeal. as liquidated damages. lime being Of the essence hereof. This provision shall not deprive either parry of the right of entorC'-t9 the apeca,c performance of ITS Contracct provided such contract shali no bm terminated as alaesaid PM nrovvfed Pr•h+^ r..e-in.. e...- emrihr performance shall be -- , it suet'. Tol Cl action snau else It is understood and agreed that this Sale is made subjecl to the approval by the owner Of said premises in writing and that the undersigned agent Is in no manned liable a responsible on account of this agreement, except to return or account for fire earnest motley card under this contract SELLER PLEASE INITIAL THE FOLLOWING: SELLER WARRANTS THAT THE PROPERTY IS DIRECTLY CONNECTED TO CITY SEWER yes , CITY WATER yes SELLER WARRANTS ALL APPLIANCES, HEATING. AIR CONDITIONING, WIRING AND PLUMBING USED AND LOCATED ON SAID PREMISES ARE IN PROPER WORKING ORDER AT DATE OF CLOSING.yas.. Buyer acknowledges that no prior representations have been made by either the seller or his agents regarding possible problems of water in the basement, or damage caused by water or ice btu u o the roof of the above described properly, and that buyer relles solely in that regard an the following Statement by the seller that. Seller 1 HAS (t)naa seaweetacadeOasemennluandum Has no ad roof was or calling damage caused by "buildup (BUYER, SELLER ASEI rTIAL) heema ro!i first has non Buyers) (11 answer Is Has see explanation on attached addendum.) Wito Seliertsl The delivery of all pacers pod monies shagly metlll•ilhe offigot EDINA REALTY, INC, I _ e 15 West th Street, Edina. Mm to S5s35 By Agent for the price and upon the arms abort v (SEAL) II y _ (Se ,eo (Bur ' (SEAL! c (Seller) I uyeq ra r THIS IS A LE Y BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETE T ADVICE. J'sil Dakota (SEAL) (SEAL) Edina Realty Suppiemxhnt To Earnest Money Contract The undersigned parties to an E,• est Money Contract dated June 29, 1983 on property known as 4505 Ches Mir Drive, Eagan, Minnesota Hereby mutually agree to amend said contract as follows: (1) CLOSING DATE...........Sept I 1983 (2) Mortgage amount....$ 92,000.O0* Contract for deed..$ 42,000.00 *The payment on the contract for deed will be $350.00 monthly.The exact amount of this contract(and the payment)may be adjusted at closing if the mortgage amount is not exactly $ 92,000. (3) CONTRACT FOR DEED. (a) The vendees shall have the first right and option to purchase this contract in the event the vendors should sell the contract. (b) The vendees may transfer their interest in the future ONLY with the written permission of the vendors. The vendors cannot unreasonably withhold permission. (4) WATER PROBLEMS TO THE BASEMENT AND STORM SEWER SYSTEM PROBLEMS. The buyers herein accepts the explanation given by the sellers with regards to the above problems and agree to buy the home with the understanding that all there exists currently is the normal risk that a typical home would have when it rains. /F '(C i T7(4- Re*,A-- "p?L o P /f: 83 7'7?s.« r A?v,- ,'7nnnw tc TC Th t N, t? GO-s.??E,?. OF ?SrTSt7/a-/t o?C^tls To ove el. oe. n ff VrF e, 14;:w 1 All other terms and conditions of the Purchase Agreement to DATED RVG• 7. /S " Y: EeaA-6r ©e t- eD,;".a Re-.•41? DATED 9 078(9&?z E.R. 101 Realty X -h f' SELLER Edina Realty for the purchase of the property at ADDENDUM TO PURCHASE AGREEMENT 1983 Date 1=2_22A.- Page _I_ of I 4505 Ches Mar drive, Eagan, Minnesota Inclusions. (Personal property included in the sale. Pool Table Chandelier in dining room All carpeting All drapes, window coverings All existing lighting fixtures Water softner Auto garage door opener Dryer _ Fireplace doors, all equipt All swimming pool equipt and accessories Swimming pool and its operation. The seller agrees to fully instruct the buyers on the operation of the pool and its mait1enance. . Setteagrees to replace the top of the corning top range prior to closing. err Sell w rants that he ool and the pool equiptment are in working order at the at the time of closing. This offer is contingent on the successful closing of the buyers home at 2027 Kenwood Pkwy, basement . When the home was first built, there was a wet basement. The sellers have corrected that problem by having the back yard draintiled. This is a aerie: of underground draintile piping which collects any water and drains this water to the back Southwest corner of the lot. Since this was performed by the drainti company there has been NO wetness in the basement. The draintile field extends i the West corner of the home on an Easterly direction tb the patio. Upon acceptance of this offer, the sellers and the buyers shall have 3 working days to object to the form of this contract. In the event the buyers or sellers fAIL to raise an oijection, then this contract shall renain in force. Taxes and mortgage payments. The sellers herein agree to have the taxes,mortgage payments current at closing, and also agree to pay off the swimming pool loan off at closinb in an amount of $I4,297.9I (Todays balance),plus and accrued int€ from thi4 date. Real estate commission. The commission shall be reduced by EDINA REALTY and its age to 62 of the selling price. J Rep O6 is r EOiN4 lltw LYf T!d t si. r a••r?LGt-7-o pa+r ??/ 6vy s 6oc?.oa Afl tics:A-C Ite.#t- - R?7?eK16P/t s orge Ocel DI) REALTY INC. 'S...i of Con.Tnwn7. /I jlcc 49?-!/CW7' 'Tr.p se4C? I ??/! l?.C 5eylfr' T t cor-'?' f Dta4li .T&t D y es ecdna J 6 &m l l f lay r Tip 7 O F /2GFctZ k L 'Pu nc? is1 2c G d zqeC'6 r ISEAL) (SEAL (Seller) lgJ, (SEAL) • "' (SEAL (Stile) I yep T ° I)9 This IS A LEGALkT BINDING CONTRACT. 0 NOT UNDERSTOOD. SEEK COMPETENT ADVICE. Mena Real,Nty tdina Office 4015 West 65th Street, Edina, Minnesota 55435 • (612) 927-1100 AGREEMENT omas Ocel It is hereby agreed that the doctrine of merger shall not apply and the terms embodied in the Purchase Agreement dated June 29. 1983 and any supplements thereto shall continue in effect after the closing on the property at 4505 Ches Mar Drive, Eagan, MN. Dated: Dated: % / 6? Realty REALTORS 9, MLS Randall W. Berg Shannah K. Berg .1 T HAUGE, SMfriH, EWE & KELLER. P. A. ATTORNEYS AT LAW C£DARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER April 27, 1982 Mr. Ronald Swanson Attorney at Law Suite 4020 IDS Center Minneapolis, MN 55402 Re: Ocel vs. City of Eagan Dear Mr. Swanson: RECEIVED ARSA CODS 512 TELCPHOH2 454.4224 Per our telephone conversation of April 13, I have prepared an agreement between the Ocels and the City of Eagan to have certain work done to reduce the possibility of future damage to the Ocel property. The City will not agree that if the measures outlined in this agreement don't completely solve the problem that the City will be responsible for any remaining work to be done or for any damages to the Ocels. If, in fact, a problem remains after this work is completed, it would be determined at that time who would be responsible rather than doing so now. If the agreement is acceptable to your clients, please let me know and I will arrange to have this approved by the City Council. If it is not acceptable please feel free to suggest an alternative. Very truly yours, Bradley Smith skk enclosure cc: Don Day was A. Colbert Robert Rosene AGREEMENT WHEREAS, the parties hereto are plaintiffs and defendant in a lawsuit commenced on June 20, 1979, in Dakota County District Court; and, WHEREAS, pending a final determination of that lawsuit, the parties desire to take action to prevent potential future damage to the property of Ocels; NOW THEREFORE, it is hereby agreed by and between the Ocels and Fagan as follows: 1. The Ocels shall do the following: a. Improve the overflow route across their boulevard and along the upper edge of their driveway by removing and relaying sod, excavating a shallow swale across the boulevard and along the north edge of the drive and lowering about four bushes along the property line. b. When they pave their driveway, they shall provide a positive slope across their driveway and an edge berm to prevent water from flowing southerly across the drive into their backyard. c. Install gutters and downspouts on their roof to direct water away from the backyard, provide caulking and sealing as needed at the top of the foundation and at the low edge of the siding, and lower the swale across the yard as needed to provide positive drainage across the grass away from the house. 2. Eagan shall do the following: a. Install a backflow restriction "flap gate" in the manhole on the Ocel property. b. Seal up the manhole on the Ocel property and install a manhole cover bolted to the top of the manhole to prevent raising of the cover by water surcharge. .1 1 r A C R E E M E N T WHEREAS, the parties hereto are plaintiffs and defendant in a lawsuit commenced on June 20, 1979, in Dakota County District Court; and, WHEREAS, pending a final determination of that lawsuit, the parties desire to take action to prevent potential future damage to the property of Ocels; NOW TIIEREFORE, it is hereby agreed by and between the Ocels and Fagan as follows: 1. The Ocels shall do the following: a. Improve the overflow route across their boulevard and along he upper edge of their driveway by removing and relaying sod, excavating a shallow Swale across the boulevard and along the north edge of the drive and lowering about four bushes along the property line. b. When they pave their driveway, they shall provide a positive slope across their driveway and an edge berm to prevent water from flowing southerly across the drive into their backyard. c. Install gutters and downspouts on their roof to direct water away from the backyard, provide caulking and sealing as needed at the top of the foundation and at the low edge of the siding, and lower the swale across the yard as needed to provide positive drainage across the grass away from the house. 2. Eagan shall do the following: a. Install a backflow restriction "flap gate" in the manhole on the Ocel property. b. Seal up the manhole on the Ocel property and install a manhole cover bolted to the top of the manhole to prevent raising of the cover by water surcharge. 3. By agreeing hereto or acting hereunder, neither party admits liability or responsibility for any damages arising out of or relating to the above mentioned lawsuit or for any further action that may be necessary to prevent future damage to the Ocel property, and each party denies liability or responsibility therefor. The undersigned have read the foregoing agreement and fully understand it. Dated: BY: Thomas Ocel THE CITY OF EACAN Its Mayor ATTEST: _ Linda A. Ocel Its Clerk RECEIVED SE'P 4 410 2335 V. T. _ ` .U,A-.., 36 Si P.-I. A(...& 5s»3 Ps... 6t2.636-4600 September 21, 1981 Of( 1956 - j 0 u- 1981 ?ll Mr. Ron Swanson Attorney-at-Law ( nnIVCTSaty' % Suite 4020 IDS Center `? -' ? Minneapolis, Minnesota 55402 Re: Ocel Residence Site Drainage Eagan, Mn. Our File No. 49 Dear Sir: R„hrn 11'. Rnunr. P.E P.L. .R,uJmnl .1. l.rmhrrg. Pr. R. hu,d 1. l urnrr. P I. 6n,., C. Of.,.,.. P.r. Oh.. R. Cook. Pt. Irish A. card,.,. P.L. IC'. Rbvl. P.E. Nn hart It. rwu.. P.E. N,•h... G. S.humrh.. P.E. . fun in L. 5„molar P.E. Onnuld C. Ru.Rnrd(. P.E. Ir.q A. Rnu.Jnn. P.L. .fork A. Na.,wn. P.t. r huNr. A. EnrA.nn - Lrn it. Pa.d.A, ttaAun M. Olsen Pm id E. (Ihn. This letter summarizes some of the difficulties experienced by above refer- enced residence relative to storm water drainage recently and the action which has been taken together with suggested further action to minimize further problems. A heavy rain occurred on the evening of August 25 and morning of August 26 which caused water to enter basement walkout portion of the Ocel house. The house was checked by Tom Colbert, Public Works Director, and the undersigned on the morning of August 26 at 11:30 A.M. In the basement walkout portion of the Ocel house, the edge of the carpeting adjacent to the south wall was wet in each of the two bedrooms and water extended in under the closet carpeting for five feet north of the south wall in the west bedroom. There was no water visible on the floor, but the carpeting was wet to feel and you could hear water in the-cushion under the carpet. Water was reported by the Ocels to have entered the backyard from the storm sewer manhole by way of the existing drainage basin south of the house and caused the backyard to fill to such an elevation that the water entered the house. Our examination of the backyard provided no evidence that water backed out of the storm sewer nor that it had caused the water to flow into the grass area enclosed by fence from the low area outside the fence. It was apparent that the backyard within the fence is very flat and particularly so adjacent to the house. It appeared that the edge of the swimming pool is higher than the back door and a portion of the patio slopes toward the house. That portion of the patio immediately adjacent to the back door slopes very slightly away from the house. With no gutters on the roof, all of the south side of the house drains into the backyard. It is believed that this very intense short-duration storm caused water to pond in the backyard adjacent to the south wall of the house to an elevation above the lower floor level due to the very flat grades in this immediate area. 6360a Page 1. Further investigation of the problem was made by taking detailed elevations of the slope of the driveway and of the backyard of this property. These eleva- tions verified the fact that the backyard is quite flat and that only approxi- mately one and one-half inches of slope is present from the back door to to low portion of the patio where drainage starts across the grass lawn. The flat grade and elevation of the grass and of the rock immediately adjacent to the back wall are sufficiently high so that they can temporarily restrict water from flowing out of the yard causing the water to rise to an elevation above the inside floor level. A further investigation was made. by flooding the streets using the fire hy- drants in the area and observing the action of the catch basins and the flow in the manhole on the Ocel property. These tests were made on Setember 1, 1981. They indicated good flow characteristics in the line from the street to the manhole and in the line from the manhole to the ponding area. There was some turbulance in the manhole but no flow backed out of the pipe into the backyard. The flow tests indicated the pipe has the capacity of flow which was originally anticipated. After reviewing all of the data available and considering the fact that there may be future storms of greater magnitude than this late August storm, we are suggesting the following course of action: Action by: 1. Install a backflow restriction "flap gate" in the manhole to insure that no flow can come from the manhole into the backyard during peri- ods of intense flow in the storm sewer. This flap gate will automat- ically open to allow water to flow from the backyard into the storm sewer as soon as the peak flow has subsided in the manhole. This is anticipated to be not more than a few hours during intense storms, if at all. Adequate capacity exists in the low area of the backyard to temporarily store the runoff from the Ocel lot and the immediately adjacent land draining into their backyard. 2. Seal up the manhole and install a standard manhole cover bolted down City to the top of the manhole so that the cover could not be raised off due to water surcharge in the manhole. 3. Improve the overflow route across the boulevard and along the upper edge of the drive to insure an adequate bypass if water did overflow Ocel from the streets due to plugged catch basins or an extremely heavy storm. This will require the removal and relaying of the sod, the excavation of a shallow swale across the boulevard and along the north edge of the drive and the lowering of approximately 4 bushes along the property line. 4. When the Ocel's pave their driveway, they should provide a positive slope across the driveway and an edge berm to prevent water from Ocel flowing southerly across the drive into their backyard. The present driveway is generally sloped in this manner and will require a mini- mal amount of reshaping to insure this protective action. 5. Install gutters and downspouts on the roof to direct that water from the area of the backyard. Check what sealing was done at the top of Ocel foundation and at the low edge of the siding and provide caulking if this was not previously accomplished. Check on lowering the Swale across the yard to provide for positive drainage across the grass away from the house. Page 2. 6360a We are confident that if these courses of action are followed, no damage will occur to this property from excessive storm water drainage in the street or from the possibility of an overloaded storm sewer. We are also confident that the improvements to the drainage at the house will prevent damage occurring from excessive storm water from the roof or backyard flowing on the property or from the immediately adjacent drainage area which drains to their backyard ponding area. The installation of the flap gate and improvement to the manhole will be made immediately if there are no objections from your client. The improvement of the overland drainage swale across the boulevard and adjacent to the driveway should be made as soon as permission is granted by the Jarvis to permit the minor shaping of their property. Please advise of your desires on this proj- ect. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert W. Rosene RWR:li cc: Mr. Tom Colbert Mr. Don Day, Atty. Mr. Paul Hauge, Atty. Page 3. 6360a 14 MEMO FOR FILE NO. 49 STORM WATER DAMAGE AT OCEL PROPERTY August 26, 1981 By RWR Investigation made after a report received from Ocel's Attorney that they had back yard flooding and damage to their home due to water coming into the house from the south. Water came from the storm sewer according to the Ocels. Rain was Tuesday night and early Wednesday morning A..y z5 + z6,19D1, Checked.the house with Tom Colbert at 11:30 A.M. Catch basins in the street were partially blocked but at least 80% of the surface of the grate plus all of the curb opening on each side of the street were open. Erosion patterns on the crushed rock driveway indicated that the water had flowed northerly off the driveway rather than to turn into the back yard of Ocels. Not evident how much water overflowed from the street, if any. Checked the basement walkout portion of Ocel house. The edge of the car- peting adjacent to the south wall was wet in each of the two bedrooms and the water extended in under the closet carpeting 4 or 5 feet north of the south wall in the west bedroom. There was no visible water on the floor but the carpeting was wet to feel and you could hear water in the cushion under the carpet. The patio just outside the south wall is very flat and appears to be at approximately the same elevation as the inside floor of the house. The back yard is quite flat but does slope some to the south to the fence adjacent to the swimming pool. Mrs. Ocel claims that the water flowed out of the manhole into the back yard filling up the low area of the back yard and then continuing to flow in on the grass until the area immediately adjacent to the south wall of the house was flooded after which the water seeped into the bedroom floor area. Page 1. 6007a J a, Checked the lower area of the yard and particularly the drainage Swale that was supposed to have been flooded from the ponding area. There was no evidence of any debris being carried from the low area up onto the grass at any parts of the yard adjacent to the ponding area. Checked the manhole on the storm sewer and found grass clippings on the top slab adjacent to the square steel plate covering the opening in the man- hole. Any overflow out of the top of the manhole would certainly have washed the grass clippings off of the top slab. Water was flowing into the manhole from the low area of their yard at the time of our visit. There was no evi- dence that water had flowed out of that inlet. The roof has no gutters nor downspouts. All of the water falling on the south half of the roof would drain off the roof directly into the back yard and patio area. It is our belief that the excess -water which seeped into the house was from the roof and yard drainage and not due to backup from the storm sewer. It is probable that a very intense rain provided more water than could flow off due to the flat slopes of the patio and yard causing a ponding temp- orarily immediately adjacent to the south wall. We stated to Mrs. Ocel that we would take additional elevations on the patio and the back yard and would get back to her attorney, Ron Swanson, rela- tive to this project. We also recommended that she dry out the carpeting as quickly as possible so that it would not be damaged due to the small amount of water which has soaked into each room. We then checked the Jarvi property and talked with Mrs. Jarvi. They had no difficulty due to the storm. Any water which overflowed the street, if any, flowed down their driveway and out a culvert which they have which drains to their side lot line. The culvert handled the water satisfactorily and there is evidence that a fairly heavy flow drained across their property on Page 2. 6007a Ar the surface but did no damage. Their sod is well established now. Mrs. Jarvi stated that they have had no difficulties this year and she is pleased that their problem appears to be solved. I believe that two actions need to be taken on the storm sewer: 1. Provide a flap gate in the storm sewer manhole to prevent the possibility of water backing out of the manhole when water from the street may be sur- charging the 15" storm sewer draining to the pond. 2. Seal up the manhole and install a-standard manhole cover bolted down to the top of the manhole so that the cover could not be raised off due to water surcharge in the manhole. It is very doubtful that the water could surcharge enough to raise a normal manhole cover but by bolting the ring and cover down, it can be prevented for sure. As far as the Ocel house is concerned, it is probable that a gutter with down spouts on the south roof would minimize their problem and it may be nec- essary to do some regrading in the back yard to remove heavy flows from in- tense rains before it can back into the house. Also, the caulking along the bottom of the wall should be checked. to see if it is properly sealed from out- side water. The driveway should also be shaped to provide a more positive drainage to the northerly lot line and the boulevard area between the Jarvi and the Ocel driveways should be lowered to provide a positive drainage .wale down the lot line to handle any possible overflows from the street. Undoubt- edly there will be overflows from the street due to catch basin pluggage and/or extremely intense short duration rain storms. With a positive overflow from the street down the lot line to the pond, property damage to both the Jarvi and the Ocel homes can be avoided. RWR:Ii 3. 6007a ^??^ N /r K1 s 7l NQ /lN?.', & 7l ssocia (.fs J !:Iron R. Cw.k. P.E. AruA A. Cnrdnn. P.E. l , , um. L. Nnn,nnn. F.I. FAnmat El A'mn. P.E. O Robot II'. Rotrnr. P.E. Richard )I. F.nter. P.E. /...rrt (. Andrrl0.. P.E. Rohm C. SrhunieAb P.L. 1335 W 7...A 4 A.. 36 )emll.nd:I. LrmhrrF. P.;:. 1lwr in L. Snrrala. P.E. . . 0 Nn Aunt 1. Turner. f [. Donald ('. Pwt nrdr. P.E. nn St. l•...rl, uN......fa 55113 luny C. Ol..nr. P.E. lr..y A. Bourdon. P.E. 611-636-4600 .k A. . Haw'. P.L. rh hmtr . A. . Er knn September 21, 19 81 h l.rn Af. PC^'rl.k`' 4 1956 - 25th 19 81 la.lnr: At. Dl.nn 1 Dar id E. ( ),.... Mr. Bob Swanson CO OII nniversary lt? Attorney-at-Law Suite 4020 cam' IDS Center Minneapolis, Min nesota 55402 Re: Ocel Residents Site Drainage Eagan, Mn. Our File No. 49 Dear Sir: This letter summarizes some of the difficulties experienced by above refer- enced residents relative to storm water drainage recently and the action which has been taken together with suggested further action to minimize further problems.' A heavy rain occurred on the evening of August 25 and morning of August 26 which caused water to enter basement walkout portion of the Osell house. The house was checked by Tom Colbert, Public Works Director, and the undersigned on the morning of August 26 at 11:30 A.M. In the basement walkout portion of the Ocel house, the edge of the carpeting adjacent to the south wall was wet in each of the two bedrooms and water extended in under the closet carpeting for five feet north of the south wall in the west bedroom. There was no vis- ible on the floor, but the carpeting was wet to feel and you could hear water in the cushion under the carpet. Water was reported to have entered the backyard from the storm sewer manhole and caused the backyard to fill to such an elevation that the water entered the house. Our examination of the backyard provided no evidence that water backed out of the storm sewer nor that it had caused the water to flow into the grass area enclosed by fence from the low area outside the fence. It was apparent that the backyard is very flat and particularly adjacent to the house. It appeared that the edge of the swimming pool is higher than the back door and a portion of the patio slopes toward the house. That portion of the patio immediately adjacent to the back door slopes very slightly away from the house. With no gutters on the roof, all of the south side of the house drains into the back- yard. It is believed that this very intense short-duration storm caused water to pond in the backyard adjacent to the south wall of the house due to the very flat grades in this immediate area. Page 1. 6360a Further investigation of the problem was made by taking detailed elevations of the slope of the driveway and of the backyard of this property. These eleva- tions verified the fact that the backyard is quite flat and that only approxi- mately one and one-half inches of slope is present from the back door to to low portion of the patio where drainage starts across the grass lawn. The elevation of the grass and of the rock immediately adjacent to the back wall are sufficiently high so that they could hold water from flowing out of the yard rapidly enough to avoid the water rising to an elevation above the inside floor level. A further investigation was made by padding the streets using the fire hy- drants in the area and observing the action of the catch basins and the flow in the manhole on the Ocel property. These tests were made on Setember 1, 1981. They indicated good flow characteristics in the line from the street to the manhole and in the line from the manhole to the ponding area. There was some tribulance in the manhole but not flow came out of the pipe into the backyard. The flow tests indicated the pipe-to have the capacity of flow which was originally anticipated. After reviewing all of the data available and considering the fact that there may be future storms of greater magnitude than this last August storm, we are suggesting the following course of action: 1. In stall a flap gate in the manhole to insure that no flow can come from the manhole into the backyard during periods of intense flow in the storm sewer. This flap gate will automatically. open to allow water to flow from the backyard into the storm sewer as soon as the flow has subsided in the manhole. This is anticipated to be not more than a few hours during in- tense: storms, if at all. Adequate capacity exists in the low area of the backyard to temporarily store the runoff from the Ocel lot and the immedi- ately adjacent land draining into their backyard. 2. Seal up the manhole and install a standard manhole cover bolted down to the top of the manhole so that the cover could not be raised off due to water surcharge in the manhole. 3. Improve the overflow route across the boulevard and along the upper edge of the drive to insure an adequate bypass if water did overflow from the streets due to plugged catch basins or an extremely heavy storm. This will require the removal and relaying of the sod, the excavation of a shallow swale across the boulevard and along the north edge of the drive and the lowering of approximately 4 bushes along the property line. 4. When the Ocel's pave their driveway, they should provide a positive slope across the driveway and an edge berm to prevent water from flowing across the drive into their backyard. The present driveway is generally sloped in this manner and will require a minimal amount of reshaping to insure this positive action. 5. Install gutters and downspouts on the roof to direct that water from the area of the backyard. Check what sealing was done at the top of founda- tion and at the low edge of the siding and provide caulking if this was not previously accomplished. Check on lowering the swale across the yard to provide for positive drainage across the grass away from the house. Page 2. 6360a We are confident that if these courses of action are followed, no damage will occur to this property from excessive storm water drainage in the street or from the possibility of an overloaded storm sewer. We are also confident that the improvements to the drainage at the house will prevent damage occurring from excessive storm water flowing on the property or from the immediately ad- jacent drainage area which drains to their backyard ponding area. The installation of the flap gate and improvement to the manhole will be made immediately if there are no objections from your client. The improvement of the overland drainage swale across the boulevard and adjacent to the driveway will be made as soon as permission is granted by both the Jarvis and the Ocels to permit the minor shaping of their property. Please advise of your desires on this project. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert W. Rosene RWR:li cc: Mr. Don Day, Atty. Page 3. 636 Oa &. Pd, AI ..o.o 55/13 PA.tt.r 612-636-4600 Mr. Don Day, Atty. 7600 France Ave. So. Suite 190 Edina, MN 55435 Re: Ocel Drainage Court Case Eagan, Mn, File No. 49 Dear Sir: Glenn R. Cook, P.E. Keith A. Gordon, P.E. Olo G. Eonervoo, P.E. Thomas E. Noyn, PE. Ruben W. Fawn., P.E. Richard W. Foner, P.E. Joteph C. Anderlik. PE. Robin G. Schunaht. P.E. Bradford A. Lemberg. P.E. Marvin L. Sarvak. P.E. Richard F. Turner, P.E. Donald C. Ruraanit. P.E. damn C. Olson, P.E. Jerry A. Bourdon, P. E. Mark A. Hanson. P.E. Ted K. Fild, P.E. Michael T. Raurmann. P.E. Robyn R. P//Jerk. P.R. Lbvld O. Loskota. P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson We have been requested by Bill Schoell, Consulting Engineer who is working with At- torney Ron Swanson on the above case, to furnish him information on the drainage area tributary to the storm sewer which drains through the Ocel property. He already has received a copy of the record plans showing the details of this storm sewer. Enclosed is a layout plan showing the outline of the 4.8 acre drainage area. Also enclosed is a copy of the original 2' contour topography map of this area which shows the contours of the backyards immediately adjacent to the Ocel property. Also enclosed for your information is a copy of record plan sheet 350 showing the storm sewer system through the Ocel property and record plan sheet 364 which shows the diversion made of the catch basin inlets at Duneberry Lane and Ches Mar Drive so that all of the drainage of the south portion of Ches Mar Drive is diverted into the park south of Ches Mar Addition and west of Ches Mar Drive. This additional piping was installed in 1979 shortly after the installation of the additional 15" diameter piping on the Ocel and Jarvi properties. I viewed the property shortly after the very heavy rain of August 7, 1984 and found that the system has worked very well with no property damage. The enclosed drainage area and topographic information is provided for you to furnish to Mr. Schoell if you deem it advisable. Please call if there are any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert W. Rosene RWR:li Encl. cc: Mr. Tom Colbert 2798c August 16, 1984 Joseph M. Stocco David K. Wendel Don C. Day Patrick G. Fernand Jeff M. Zalasky JOSEPH M. STOCCO & ASSOCIATES Attorneys at Law EDINA OFFICE CENTER 7600 FRANCE AVENUE, SO. SUITE 190 MINNEAPOLIS, MINNESOTA 55435 August 8, 1983 Mr. Tom Colbert Director of Public Works City of Eagan 3795 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 Re: Ocel V. City of Eagan, et al Our File No. L-1066 Dear Mr. Colbert: Enclosed please find the Answers to Interrogatories you previously sub- mitted to us typed up in legal form. Please look them over carefully, and if there are no changes, sign them before a notary public and return them to our office as soon as possible. Thank you for your cooperation. Sincerely, D'n C. Day DCD/ab Enclosures `k E, tam :ya0 Telephone: 831 7879 Area Code: 612 X C.v STATE OF MINNESOTA COUNTY OF DAKOTA Thomas Ocel and Linda A. Ocel, husband and wife, vs. City of Eagan, and City of Eagan, vs. Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc., DISTRICT COURT FIRST JUDICAL DISTRICT. Plaintiffs, ANSWERS TO INTERROGATORIES Defendant, Third Party Plaintiff, Third Party Defendants. Defendant and Third Party Plaintiff, City of Eagan, and for its Answers to the Inter- rogatories of Third Party Defendant, Schimek Construction, Inc., states as follows: 1. State specifically and in detail every act or omission of Third Party Defendant Schimek Construction, We., which you claim to be negligent as alleged in Paragraph VI of your Complaint. ANSWER: Schimek Construction, Inc., being the contractor for the construction ogle family dwelling unit on the referenced lot within the City of Eagan is responsible for constructing this dwelling unit in accordance with the building codes of the State of Minnesota and related ordinances in effect within the City of Eagan at the time of building permit application and during construction of the dwelling unit. During the construction site selection and completion of this single family dwelling unit, Schimek Construction, Inc. did not take into consideration existing or proposed future drainage problems associated with a walkout dwelling structure located adjacent to a "dead end" drainage basin and did not take the necessary pro- visions, precautions or corrective action to protect said dwelling unit from any po- tential adverse drainage conditions that could accumulate within this drainage basin. According to Gabbert Development this lot was a natural ponding area. In addition, based on the natural topography of the land prior to the construction of this dwelling unit, there was a natural overflow drainage Swale located in the northwes- terly portion of this lot. This overflow drainage swale was obstructed by the construction of the dwelling unit in the associated grading and landscaping performed by Schimek Con- struction, Inc. It is believed that the elevation of that portion of the lot where plaintiffs' house was located was lowered from the original elevation. The area around plaintiffs' house is too flat, but instead should have been sloped or graded downhill from the home. Drain gutters and down spouts that direct drainage away from the home should have been install ed. See that part of Exhibit A; namely, memos from Dale Peterson, Joe Connally and Bob Rosene dated July 7, 1979 to Tom Colbert that were already provided to all parties in the City's Answers to Interrogatories to Gabbert Development, Inc. The driveway was not constructed and sloped properly to prevent water accumulation near the house. An outlet pipe was filled with dirt by either the plaintiffs or Schimek Construction. 2. State specifically and in detail every act of Third Party Defendant Schimek Construction, Inc., which you allege to be careless as set forth in Paragraph VI of your Complaint. ANSWER: Same as number one. 3. State specifically and in detail, including statute number, every act of Third Party Defendant Schimek Construction, Inc., which you claim to be "unlawful" as set forth in Paragraph VI of your Complaint. ANSWER: See Answer number one for the acts as now known, investigation and discovery are ongoing, further details, investigation and discovery must e completed before this question can be answered. 4. If you claim that any representative of the City of Eagan told or requested any representative of Schimek Construction, Inc., to change the location of the Ocel house and/or change the drainage on the Ocel lot and/or change the design of the Ocel house please answer the following: a) List by name, address and position with the City, the City representative who made such request. b) State specifically the request that was made and the date upon which said request was made. c) If any written documentation of the request was prepared please attach a copy as part of the Answers to these Interrogatories. d) State the name and address of the representative of Schimek Construction, Inc., to whom the request was made. ANSWER: a) Dale Peterson, Chief Building Official, City of Eagan, 3795 Pilot Knob Road, Eagan, Minensota 55122. Keith Gordon, Consulting Engineer, Bonestroo, Rosene, Anderlik & As- sociates, 2335 West Trunk Highway 36, St. Paul, Minensota 55113. Joe Connolly, Utility Department, City of Eagan, 3795 Pilot Knob Road, Eagan, Minnesota 55122. J. Turner, Turner Excavating, Nevada Avenue South, Savage, Minnesota 55378. b) A discussion of proper drainage of the proposed dwelling was held at a meeting on March 8, 1978. c) Enclosed find the memo of Dale Peterson; copies of additional written documentation and correspondence pertaining to this matter have pre- viously been submitted to all attorneys in this action. d) Duane Schimek, Schimek Construction, Inc., 8558 - 140th Street, Apple Valley, Minnesota 55124. 5. If the City of Eagan is aware of any request being made of Schimek Construc- tion, Inc., along the same lines as set forth in the preceeding interrogatory by any organi- zation or individual other than the City of Eagan set forth the information requested in a through d of the preceeding interrogatory relative to that request. ANSWER: None. THE UNDERSIGNED DOES NOT WARRANT THAT HE HAS PERSONAL KNOWLEDGE OF THE INFORMATION CONTAINED IN THESE ANSWERS TO INTERROGATORIES. CITY OF EAGAN Subscribed and sworn to before me this/s-day ofL2c, ., -?-, 1983. , k + K C ` w 5 x . ? IUD. 11H c ,1 ar FEE JOTAHI r 1.r?Ls= m,W ESOTA DPNDrn 0UNTY z5 My Commission Expres March. 12. 1956 7l WWWQ wVVVJVWvVvV V VVVVVVV.Vyx By: Thomas A. Colbert, P.E. BY: Thomas L. Hedges City Administrator (in absence of Thomas A. Colbert) WILDERNESS RUN FIRST A30IT1ON c(o - I •: I r-11-r I. 1 ?? i 11 opl W 0 S89°49154"E 0?!o J 0- O 0 p 0 EAST LINE LOT 8, BLOCK I, ?oUth 637.19 •-• o cv NOO WILDERNESS RUN FIRST ADDITION of 415 253.97- z z v a dint 30'.130 N I 323.22 more c _ _ x•1.55'12 ° AY 2°57'5" o ? Fo Uth sst.. q N 48.0 I 56 Sec ? .00:'/ 140.00 ? 121.81° ' N89 49.54 •W of 1112 -IA S89°49.54'E 0 00 1 225.00-- 'ml 8 7.;: a dint O ( ° N O C N °O° n e IO w° I O ov men 0 71 47 in N North 65.9 A' a 139.41 n `• t m c\1 / feet t S89°49'54"E--z0S55-- Q a °' 132.36 ?? Wy 0 30 100.00 Rave c r •• 8 •"1 P O> "?' -p "?'?N the Ci. 9 ° 2? n OUTLOT C o° 6 I: ?? P I V Is g O 00 13 In wit °°a?' ,185.88 .00 _ . ;3000 14??ig°?2q/"W a 0 d 0 (a N N N In wits 8 °?Iit X os T a • \/r e0i 13 In wit 623930 do POND a hands 8 A'-011 Z 0 ?rL % ? WATER ELEVATION MARCH, I 6 U) In wit; co ° z `/\\ 906.4 FEET (N.G.V.D.-1929 48.0 W >y35 ?SS? 26 j1, 2ryb ` P o ?90°?u y3 torpor, f ry al« nlOi s°? `-? SEE DETAIL A ? - pppppp 107 1-, Ns 4 \._-` 19u 241.20 o ?.. H N880 31'16"W 242.00 W w Y ?' N89 °4954w Anna C 121.55 -N ` i •: 0 m o.a l' W:\ EASEMENT o O n 16tu O v ° - \ 10 N 4 •!0 z ZN NON ? ? f p M7 ?S 6 0? a z aka a1?` _ °n' '?; David( ? p9 4. 2 °590••• O : o -cf2505 - '1°5e'oep a°OO 6 S3/' / ;Nh?T.?o 21 ?• State I 20.90 IDO.00 4B_?•a' UTILITY EASEMENT County 14 •T° •?, -, N ( jI \± 7 % N 11.1459 06 9 17 •••.• °-- 100.00 . R° 60 V n O 2 + a F. / 0° o (N•579.55 10 N87 W.'+({16219 a2 h ' S9 Ti \'\ IM 16 7- 50.00_ 1:?s W 9 178.74 i '1'SSO'W j 0 County 3i2 °-513' 1 19,90:•yri S9d -.?\ ...t9?. Iy 2-/'j $b '1 v1I -EX-,CE-PTIO v68 o' ?ti'. 589, o co 0.00 I Ti 205.80 4° w 130.00 I 30: 30 O 205-80- 1 opI 3 k? !S., J "'. - 10.00 --• N67°16151"µt3 `I n IV N N87°16 1"W (n O N V o co In `? N N E. \ ?o r g Q O N `--?? 0 Op N 8 160.00 140.00 1 t N z _ --• 300.00 ... ...-• 3 1 a• y S 89°47'26" W 1 In - 0 1- O O z 'WILDERNESS RUN FiRST ADD17ION p[D 00 1 O 1 `•: 1 I 1 ir'r-? W p 0 5 89°491541E - N 00 l -j O south O cv V p 01 EAST LINE LOT'S BLOCK 1 637.19 •-• o `" S I a NO r WILDERNESS RUN FIRST ADDITION Of 1115 1 O z U 8 a die! 253.97._. ? •. 30 it 3o i...f 323.22 ... ; more c • 0 A.4•33'42• o :J ?3.:x^3YA• H ? ..south : 11 ss:, g 0 56 sec l .00..,/ 140.00 1 11 & 121.81 ;. N89°4954'W , ;Of 1112 'b S89°49 54'E m ! 0 oO o0 1 2zsao o ° v ?1 8 a a dist b ° ° r.s...1..°.$ ?? 0 - =; 09 sec po - o °$ ( v 117 mir m 30' ?? d N ?? North 6592 P= 139.41 O N eet t S89049'54 E°x05.33• o o °j 132.36 ;? W ^? bo 30 0000 Aave e W d r tl t P g M :? .. •u cu I?` -the Ci n !OUTLOT C o °o 3 . In wit Ns4'15'3 ,185.88 L4 .,R:6O 0'°N> ° o. _.. 109.00 _ Ae3 o L4 z°'2' " .0 01 ". p +•>.,'31q?6 11 41, Iw. In wit $ III: o Pr eoZ ++' Cpl B0i POND In wit o I d +? ' hands ro "l I.' g n 8 v? ry a,3445 , 12 , le ...•'. A'?O v •. ` / 21 WATER ELEVATION MARCH, I 6 N in wit 24.33 19S v m 94 se a? w 906.4 FEET (N.G.V.D.-1929 48.0 cOrpor a 90°41'y"3 0 yJe o? ., V _ SEE DETAIL A ld 3Z6 241.20 M3eO14J6 wro < N98°31'16"W 242.00 W z,.!! -.N Q .N89°4954'W Anna C O Y / It4'4 V.EYEHT jr 7m M -W TY 0 0 a. 0 1U NM v G? / O -' 0 Z zN ON J° O ?1 .?` ! ... '? r m .. e z a1 n-, "? David V • .. n -f ? P _ O p - - _62°153 ? •y°99on .. z ?25 05' I•!e'°C \ 65•?b 7 • 1 ,'? ;State 20. 8 041` 1a0 , ?? • / g - •, I County 100.00 4 UTILITY EASEMENT 4.44; s9 I . v.T• ., i`.'i (? 1 ) / 149.17. ••-..1,.14-? R 0 vh 100.00 ' r 610° S92/ \` \ S etate (e•ST$,35 lo N870165511 Wr+W212:0 ° County 3 0 5° 0 1 .; ?e C + 178 74 ® NssO ` 7, 3?' 13 I I9,ii;• a 'L`'' N57°16'51"W 3 sy. EXCEPTIO 2y1 ?b11 WOO 0 n 5?W?PnR? 8 a 589 C6a ve 6° si°O V o i W o n p 60.00•. b N - z -- \ O . z 205.80 130.0 30 J30 ig3 205.80•.. 3 15 ?j .. to) 190.00 ••• /Yi N87°I615111WR: o °n W N N87016 1 W M n 'n 0 9 g 0 `! ?- - 0 Z. N •? - 160.00 140.00 I t 3 Z 300.00... y S89°47'2611W I -o rtya 3795 PILOT KNOB ROAD, P.O. BOX 21199 BEABLOMQUIST EAGAN, MINNESOTA 55121 Mayor PHONE: (612) 454-8100 THOMAS EGAN JAMES A. SMITH July 15, 1983 JERRY THOMAS THEODORE WACHTER Council Members THOMAS HEDGES City Administrator MR DON C DAY - EUGENE VAN OVERBEKE C/O DAVID K. WENDEL cryc:erk EDINA OFFICE CENTER 7600 FRANCE AVE S SUITE 190 MPLS MN 55435 Re: Ocel vs. City of Eagan, et al. - Lot 8, Block 2, Ches Mar lst A ition Response to Interrogatories from Third Party Defendant, Schimek Construction, Inc. Enclosed please find the City of Eagan's response to the interroga- tories as submitted by Mr. Mark A. Fonken, Attorney with Jardine, Logan and O'Brien, representing Schimek Construction Inc.: 1) Schimek Construction, Inc., being the prime contractor for the construction of a single family dwelling unit on the above-referenced lot within the City of Eagan is responsible for constructing this dwelling unit in accordance with the building codes of the State of Minnesota and related ordinan- ces in effect within the City of Eagan at the time of build- ing permit application and during construction of the dwell- ing unit. During the construction and upon completion of this single family dwelling unit, Schimek Construction, Inc. did not take into consideration existing or proposed future drainage problems associated with a walkout dwelling struc- ture located adjacent to a "dead end" drainage basin and did not take the necessary provisions, precautions or corrective action to protect said dwelling unit from any potential ad- verse drainage conditions that could accumulate within this drainage basin. In addition, based on the natural topography of the land prior to the construction of this dwelling unit, there was a natural overflow drainage swale located in the northwester- ly portion of this lot. This overflow drainage swale was obstructed by the construction of the dwelling unit in the associated grading and landscaping performed by Schimek Con- struction, Inc. under the issued building permit. THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Mr. Don C. Day Ocel vs. City of Eagan, et al. - Lot 8, Block 2, Ches Mar 1st Addition July 15, 1983 Page two 2) Same as number one. 3) See No. 1. 4) A. Dale Peterson, Chief Building Official, City of Eagan, 3795 Pilot Knob Road, Eagan, Minnesota 55122 Keith Gordon, Consulting Engineer, Bonestroo, Rosene, Ander- lik & Associates, 2335 West Trunk Highway 36, St. Paul, Minne- sota, 55113 Joe Connolly, Utility Department, City of Eagan, 3795 Pilot Knob Road, Eagan, Minnesota 55122 J. Turner, Turner Excavating, Nevada Ave.S., Savage, Mn. 55378 B. Request to discuss proper drainage of the proposed dwelling at a meeting on March 8, 1978. C. Enclosed find the appropriate memo discussing the corrective action required. Any and all copies of additional written documentation and correspondence pertaining to this matter havepreviously been submitted to the attorneys for Schimek Construction, Inc. in response to their "Request for Produc- tion of Statements" dated July 7, 1982 as responded to by Thomas A. Colbert on August 11, 1982 to the attention of Don C. Day & Associates. D. Duane Schimek, Schimek Construction, Inc., 8558 140th St., Apple Valley, Minnesota 55124 5) The City is not aware of any other requests being made by any other entity in accordance with this interrogatory. Please advise me if any additional information is necessary over and above what has previously been submitted and/or contained in this let- ter. Sincerely, J? a Thomas A. Colbert, E. Director of Public Works TAC/jach enc. WILDERNESS RUN FIRST ADDITION O CID OO W O I r ' ''''I ! I-11-' N S89°49'54°E g0 2d 'w 00 South 6-0 AU 00 ( EAST LINE LOT 8, BLOCK I, .-• 637-19--- 0 N g NO I WILDERNESS RUN FIRST ADDITION of 419 0 z 8 a dist ... 253.97--- ?.: 301130 i....N 323.22 •- more a ° youth 1 {s{°3312 a ,. Q N -.48 -. n A 0.5. 121.81 56 see. • s I .00,140.00 '. N89°49.54'W of 1112 "rn 589°49'54 E i° co v 0 n- - oo -- ° l 8 m? a disc °p vm d N ? ? ? ? O ? see, Z s /off zz10 P I?? 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L. 100.00 a 200° 0 JIT F ..._ iR.6Te.35 1O N87° 16 W, Wt.=21992 n //y9r?? 0 ?. n (i= r W _ tr fate I 0.00_ EC 178.74 NS60 >qr County ,32• °=5°? 19$e'? 10 N87°16.51°W 3 S9' 13 J \ •?. w Wo° W 0 2k, ?•4'„ x' ExCEPTIO o op>' 6 M' 8 a 589, 6 o N tp _ 60.00 i t ° z 205.80 1g5 6 \ o •. i / ry O r 130.00 30, 1: 205.80 --- 3 _ 74 C1 30 5 42 190.00 N87°I6'S1111K3 O N87016'51"w M AREA °_ n N ` i LOw• ?? -J 11 0 ° o p 2 z g 1 N 8 160.00 140.00 U) z 31 3 300.00 S89°47'20°W J O r.0 Q1 O Z CITY OF EAGAN OFFICE INFORMATION MEMO TO DATE TIME FROM OF PHONE NO. RECEIVED BY Was here to see you Please call Will call again Returned your call: ACTION REMARKS/MESSAGES Review and see me - q , Review and comment Prepare reply for my sig. Reply and send me copy For your approval For your information For signature As we discussed 6 As you requested A) Take appropriate action Notify staff FILE F-1 DISPOSE F _I OVER rnir IvwrT: HONE SIDE ONLY COLLATE NO.OF COPIES HEAD TO HEAD STAPLE DATE NEEDED HEAD TO FOOT (Other) TYPING: ROUGH" RAFT RUSH DATE NEEDED SINGLE SPACE FINAL COPY DOUBLE SPACE CARBONS STATE OF MINNESOTA COUNTY OF DAKOTA Thomas Ocel and Linda A. Ocel, husband and wife, vs. City of Eagan, and City of Eagan, vs. DISTRICT COURT FIRST JUDICIAL DISTRICT Plaintiffs, THIRD PARTY DEFENDANT SCHIMEK CONSTRUCTION, INC.'S INTERROGATORIES TO DEFENDANT AND THIRD PARTY PLAINTIFF CITY OF EAGAN Defendant, Third Party Plaintiff, Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc., Third Party Defendants. ------------------------------------------------ TO: City of Eagan, Defendant and Third Party Plaintiff and its attorney, Don C. Day, 7600 France Avenue South, Suite 190, Minneapolis, MN 55435. Third Party Defendant Schimek Construction, Inc. demands of Defendant and Third Party Plaintiff, City of Eagan, the Responses to these Interrogatories be forwarded within the time period specific by the Rules of Civil Procedure: 1. State specifically and in detail every act or omission of Third Party Defendant Schimek Construction, Inc., which you claim to be negligent as alleged in Paragraph VI of your Complaint. 2. State specifically and in detail every act of Third Party Defendant Schimek Construction, Inc., which you allege to be careless as set forth in Paragraph VI of your Complaint. 3. State specifically and in detail, including statute number, every act of Third Party Defendant Schimek Construction, Inc., which you claim to be "unlawful" as set forth in Paragraph VI of your Complaint. 4. If you claim that any representative of the City of Eagan told or requested any representative of Schimek Construction, Inc., to change the location of the Ocel house and/or change the drainage on the Ocel lot and/or change the design of the Ocel house please answer the following: a) List by name, address and position with the City, the City representative who made such request. L )-Sta-Ce_ specifically the request that was made and the date upon - which, said request was made. c) If any written documentation of the request was prepared please .-1 '2?? attach a copy as part of the Answers to these Interrogatories. d)Stt th d dd fth tt' f Sh' k - /r-? / ? a e a name an a ress o e Iupresen a IVu o c ime Construction, Inc., to whom the request was made. • 5. If the City of Eagan is aware of any request being made of Schimek Construction, Inc., along the same lines as set forth in the preceeding interrogatory by any organization or individual other than the City of Eagan set forth the information requested in a through d of the preceeding interrogatory relative to that request. Dated: November 1, 1982. JARDINE, LOGAN & O'BRIEN By MARK A. FONKEN Attorneys for Third Party Defendant Schimek Construction, Inc. 1350 Northern Federal Building St. Paul, MN 55102 612/227-0601 .J' ADDENDUM TO PURCHASE AGREEMENT 1983 Edina Italty Date June 29. Page _ 7 of 7 for the purchase of the property at 4505 Ches Mar drive, Eagan, Minnesota Inclusions. (Personal property included in the sale. Pool Table 0 Chandelier in dining room All carpeting All drapes, window coverings All existing lighting fixtures Water softner Auto garage door opener Dryer Fireplace doors, all equipt All swimming pool equipt and accessories Swimming pool and its operation. The seller agrees to fully instruct the buyers on the operation of the pool and its maitfenance. - Setteagrees to replace the top of the corning top range prior to closing. err Selltwarrants thatcthe,pgool and the pool equipment are in working order at the a This offer is contingent on the successful closing of the buyers home at 2027 Kenwood Pkwy. Basement . When the home was first built, there was a wet basement. The sellers have corrected that problem by having the back yard draintiled. This is a series of underground draintile piping which collects any water and drains this water to the back Southwest corner of the lot. Since this was performed by the drainti company there has been NO wetness in the basement. The draintile field extends f the West corner of the home on an Easterly direction tb the patio. Upon acceptance of this offer, the sellers and the buyers shall have 3 working days to object to the form of this contract. In the event the buyers or sellers fAIL to raise an oijection, then this contract shall renain in force. Taxes and mortgage payments. The sellers herein agree to have the taxes,mortgage payments current at closing, and also agree to pay off the swimming pool loan off at closing in an amount of $I4,297.9I (Todays balance),plus and accrued inte from thid date. Real estate commission. The commission shall be reduced by EDINA REALTY and its age to 62 of the selling price. J p t ??? i O6 . ED,Mc /le w L7 ' t-o sta ?8e v7 G? G? 7'?D ?a.?. nn ?l' Qvr A 600.oo ?T CFosc?6 ie ..-?0. R ?zaq?z t eorge .Orel F0184A RFA7.TV Tur c gnvew-r ^rxe se4![? snl,^..G -t&C ca,-r^ fb n ee4 7tiw J-iWC7' . Sy `llm1 G:A'A11 t `isaL Pv "? sl 2ifi DF (SEAL) fSeHer) Ia (SEAL) (Se?leq (9 yer) E R rru This IS A LEGALky BINDING CONTNACT. It NOT UNDERSTOOD, SEEK COMPETENT ADVICE. (SEAL) (SEALI S STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT Thomas Ocel and Linda A. Ocel, husband and wife, Plaintiffs, vs. City of Eagan, Court File No. 91771 AFFIDAVIT OF TOM HEDGES Defendant, and City of Eagan, Third Party Plaintiff, vs. Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc., Third Party Defendants. STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN TOM HEDGES, being first duly sworn, upon oath states and alleges as follows: 1. I am and have been the City Administrator of City of Eagan since July of 1976. 2. I have reviewed Paragraphs I, II and III of the statement of facts as they are contained in the Memorandum on behalf of the City of Eagan by Don C. Day, dated September 6, 1985, and they are true and correct based on my personal knowledge. 3. The attached are contracts the City of Eagan had with: a. Bonestroo, Rosene, Anderlik and Associates, Inc.; and b. Gabbert Development, Inc. Further your affiant saith not. Tom edg s Subscribed and sworn to before me this _day of , 1985. i STATE OF MINNESOTA COUNTY OF DAKOTA Thomas Ocel and Linda A. Ocel, husband and wife, vs. City of Eagan, and City of Eagan, vs. Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc., Plaintiffs, Defendant, Third Party Plaintiff, Third Party Defendants. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. 91771 AFFIDAVIT OF DALE PETERSON STATE OF MINNESOTA SS. COUNTY OF HENNEPIN DALE PETERSON, being first duly sworn, upon oath states and alleges as follows: I. I am an employee of City of Eagan, Building Inspection Department, and I have been employed with the City of Eagan since December 1, 1969. 2. I have reviewed Paragraph VI of the statement of facts as they are con- tained in the Memorandum on behalf of the City of Eagan by Don C. Day, dated September 6, 1985, and it is true and correct based on my personal knowledge. 3. At the meeting of March 8, 1978, at the plaintiffs' lot, there was no con- struction or improvements on the lot. There was standing water on the lot. f 4. The attached memo of mine was not written on March 8, 1978, but was written several months later. I have not talked with Lawrence M. Rocheford. 5. That prior to March 8, 1978, the City of Eagan had not incurred any ex- pense or damage in an attempt to drain the Ocel lot. Further your affiant saith not. Dale Peterson Subscribed and sworn to before me this _day of , 1985. ... STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT Thomas Ocel and Linda A. Ocel, husband and wife, Vs. City of Eagan, and City of Eagan, vs. Plaintiffs, THIRD PARTY DEFENDANT SCHIMEK CONSTRUCTION, INC.'S. INTERROGATORIES TO DEFENDANT AND THIRD PARTY PLAINTIFF CITY OF EAGAN Defendant, Third Party Plaintiff, Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc., Third Party Defendants. ------------------------------------------------ TO: City of Eagan, Defendant and Third Party Plaintiff and its attorney, Don C. Day, 7600 France Avenue South, Suite 190, Minneapolis, MN 55435. Third Party Defendant Schimek Construction, Inc. demands of Defendant and Third Party Plaintiff, City of Eagan, the Responses to these Interrogatories be forwarded within the time period specific by the Rules of Civil Procedure: 1. State specifically and in detail every act or omission of Third Party Defendant Schimek Construction, Inc., which you claim to be negligent as alleged in Paragraph VI of your Complaint. 2. State specifically and in detail every act of Third Party Defendant Schimek Construction, Inc., which you allege to be careless as set forth in Paragraph V! of your Complaint. 3. State specifically and in detail, including statute number, every act of Third Party Defendant Schimek Construction, Inc., which you claim to be "unlawful" as set forth in Paragraph VI of your Complaint. 4. If you claim that any representative of the City of Eagan told or requested any representative of Schimek Construction, Inc., to change the location of the Ocel house and/or change the drainage on the Ocel lot and/or rhan e the design of the Ocel house please answer the following: a) List by name, address and position with the City, the City representative who made such request. b) State specifically the request that was made and the date upon which said request was made. c) If any written documentation of the request was prepared please. attach a copy as part of the Answers to these Interrogatories., d) State the name and address of the representative of Schimek Construction, Inc., to whom the request was made. 5. If the City of Eagan is aware of any request being made of Schimek Construction, Inc., along the same lines as set forth in the preceeding interrogatory by any organization or individual other than the City of Eagan set forth the information requested in a through d of the preceeding interrogatory relative to that request. Dated: November 1, 1982. JARDINE, LOGAN & O'BRIEN By MARK A. FONKEN Attorneys for Third Party Defendant: Schimek Construction, Inc. 1350 Northern Federal Building St. Paul, MN 55102 612/227-0601 g,L7i7? 1c,664,40 4o"Awswrd..a. 4•i7,.1d - P ^ p _ 0 co ?-Ll•7 7 ov- a...0 )+-? A 'r . o c4001 e. 8-z)-Dil fig i,z7- 79 YIZ-7-71 99 - 4cim C s S 01A K Of 1VE l? l? CLi pp I. z7- cam. ylvw.v alp-r" d3 AL-dk? m I 1rA (tV i5 )4;)] F1?lONmMb I apps liol?a-?,?? . p?bNrr wood s+r?ji'eetljl?5 w. Design No SL-166 Design No. SL-167 Design No. SL-168 Design No. SL-169 Slim Line Cards measure 31/z" x 7" and all cards come wilh envelopes. r Co ` N DA, g3/-7?7g TROUBLE-SHOOTING CHART] MO EXPOSURE Unexposed roll sane In error. Obsuuclion over cam's tens )always remew lens cap) Shouter malfunction (nave "mere Checked Flash malfunction (replace tweak bat- Yris; tae Camas cneckeol. Film ?allied m transport in caw.ra (check loading procedures: new camera checked). UNDEREXPOSURE LIg I to wak use flash m dim light). Lens opening too erea0 at tulter spool too fast. Flash pictures undarea- poeed Man too far from subject; replace tweak bel- Ydaa; haw puipmanl checked). OVEREXPOSURE Light too prong. Lens opening too large. or shutter epeed IDO Now. Flash 100 ck,sa to subject. DLURRED OR OUT-OF-FOCUS Canada mowed during eaposWe (hold Camara stea=.=. Yper tulle, Speed), Subject mowed during etins Isea, Nutter speed). Focus not properly, set. Sub- ject too clam to Camara rFOVERLAPPED OR DOUBLE-EXPOSED ImpropFr film advance )advance film after every espo- Sur: bad camera properly: have Camara Checked) FILM PARTIALLY OR COMPLETELY FOGGED Carters leaking light (have checked). Film loosely wound (check loading procedures) Ends of all light-struck (load and unload In subdued lgnl) Center of roll Ighl-struck (camera back opened with film in camera). Film cartridge damaged. - FILM DAMAGED Edges baled or wrinkled. or film tom (improper Ioading; haw carvers checked) Film scralched prior to process- Ing (never wind exposed roll of film to lighten it have camera checked). POOR QUALITY Film aged or aftecled by heat or humidity. Film Leh in camera loo long after exposure. Halation (usually caused by dirty ten). Pictures taken into sun. Dust or lint in POOR COLOR QUALITY Fare aged or affected by heal or humidity. Film left in camera loo long after exposure. amen or film fish In closet where moth balls were used. Exposed with wrong fitter. Or without Correcl filter. Yellow fled tones (Isle afternoon or early morning sun; stile flashbulbs used). MISCELLANEOUS Finger or object coveting pan of lens during exposure. Red eyes (subject looked directly at camera when flash used). Slalic marks (advance film slowly) Film wound emulsion out !incorrectly loaded in carriers). OTHER David K. Wendel Don C. Day Joseph M. Stocco Patrick G. Fernand Jeff M. Zalasky Marlon 0. Haugen Thomas A. Colbert, P.E. Director of Public Works City of Eagan 3795 Pilot Knob Road P.O. Box 21199 Eagan, MN 55122 Law Offices of DAVID K. WENDEL EDINA OFFICE CENTER 7600 FRANCE AVENUE, SO. SUITE 190 MINNEAPOLIS, MINNESOTA 55435 October 25, 1982 Re: Ocel vs. City of Eagan, et al. Our File No. L-1066 Dear Mr. Colbert: Telephone: 831-7879 Area Code: 612 Enclosed herewith please find two sets of Answers to Interrogatories which you submitted to us, typed up in legal form. Please look these over carefully, and if they are accurate, sign them before a<.notary publie=and-.r.e,turn-:-::> them to me at your earliest convenience. Thank you in advance. UL (Ul Sincerely, ~4 Do C. Day DCDJab Enclosures STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT CO URT FIRST JUDICIAL DISTRICT Thomas Ocel and Linda A. Ocel, husband and wife, vs. City of Eagan, and City of Eagan, vs. Plaintiffs, Defendant, Third Party Plaintiff, CITY OF EAGAN'S ANSWERS TO INTERROGATORIES OF THIRD PARTY DEFENDANT - GABBERT DEVELOPMENT INC: Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc. Third Party Defendants. Defendant and Third Party Plaintiff, City of Eagan, and for its Answers to the Interrogatories of'Third Party Defendant, Gabbert Development, Inc., states as follows: 1. State specifically and in detail each and every act of Third-Party Defen- dant, Gabbert Development, Inc., which was unlawful as alleged in Paragraph VI of Third-Party Plaintiff's Complaint. ANSWER: Objection - calls for opinions and conclusions, investigation and discovery is continuing, see answer no. 2. 2. State specifically and in detail each and every act of Third-Party Defen- dant, Gabbert Development, Inc., which was careless as alleged in Paragraph VI of Third-Party Plaintiff's Complaint. ANSWER: Gabbert Development, Inc., during their platting of the Ches Mar 1st Addition, created Lot 8, Block 2, which with its existing topography did not provide for a positive storm water outlet from the existing drainage basin located on the south side of this lot. There were no recommendations made to the City by Gabbert Development as to how this drainage could be handled during the development of this lot. In addition, there were no restrictive ease- ments dedicated as a part of the Ches Mar 1st Addition plat to prohibit any physical construction within this low drainage area. Gabbert also: 1) graded and determined suface drainage for this: area; 2) determined street level Grades along with Rosene and graded streets; 3) changed the natural drainage of the area; 4) allowed erosion from development area filling in streets, sewers, ad- joining land and culverts; 5) installed and designed curbs and gutters. 3. State specifically and in detail each and every act of Third-Party Defen- dant, GAbbert Development, Inc., which was careless as alleged in Pragraph VI of Third-Party Plaintiff's Complaint. ANSWER: See No. 2. 4. With respect to your allegation that Third-Party Defendant, Gabbert Development Inc., engaged in activities which were careless, negligent and unlawful: a. State the name, address and telephone number of each person who has knowledge of facts which support or tend to support such al- legation; b. State the specific facts known to each person referred to in (a) above; c. Identify and describe each and every document which supports or tends to support such allegation; and d. Identify and describe each and every communication which supports or tends to support such allegation. ANSWER: a. Robert W. Rosene, Consulting Engineer, of Bonestroo, Rosene, Anderlik and Associates, Roseville, Minnesota, 636-4600, see Answers to Interrogatories of Bonestroo, Rosene, Anderlik and Associates, Inc. b. Certain facts pertaining to the grading and drainage plan submitted with the Ches Mar 1st Addition final plat process. c. Mark Hurd aerial map and contours flown in 1963; final plat of Ches Mar 1st Addition; grading and drainage plan provided by Gabbert Development, Inc., see documents provided on 9-30-82 by City of Eagan to all parties and d below. d. See supplemental list "Exhibit A". 5. Identify each person whom you believe has any knowledge of the facts and circumstances surrounding the subject matter of this lawsuit. As to each such person, state the substance and subject matter of his or her knowledge. ANSWER: Dale Peterson, Chief Building Official, City of Eagan -Information pertaining to issuance of buiilding permit and subsequent inspection of building construction. Bob Rosene and Keith Gordon, Consulting Engineers, Bonestroo, Rosene, Anderlik and Associates - Information pertaining to review of prelim- inary and final plat, grading and drainage plans and design/construction of storm sewer drainage. See Answers to Interrogatories of Bonestroo, Rosene, Anderlik and Associates, Inc. 6. Please state the name, business address, occupation and job title or posi- tion of each and every expert witness: a. Whom you expect to call as an expert witness at trial; b. Whom you have retained or specifically employed in anticipation of litigation or preparation for trial not listed in your answer to subsection (a) of this Interrogatory. ANSWER: a. It is premature to answer this question. b. None, except for Bonestroo, Rosene, Anderlik and Associates,. Inc. and City employees. 7. As to each person named in answer to Interrogatory No. 6 above, describe in detail and state: 4' a. The subject matter as to which the expert witness is expected to testify; b. The substance of the facts and opinions as to which the expert is expected to testify; c. A summary of the grounds for each opinion; d. If you will do so without a Motion, provide, together with your ans- wers to these Interrogatories, a copy of any and all reports prepared by such expert witness at your request. ANSWER: a. Bob Rosene - grading and drainage aspects of Ches Mar 1st Addition and Lot 8, Block 2, in particular. Requirements of proper lot de- velopment to eliminate potential drainage problems. Corrective action proposed and taken before and after drainage problem. Dale Peterson - impact of drainage problem on dwelling unit under con- struction and normal building practices pertaining to maintaining drainage. b. See documents provided 9-30-82 and Exhibit "A". c. Working and plan review relationships and recollection of past events, see documents provided 9-30-82. d. No formal reports available to my knowledge. For other information, see No. 8, documents provided 9-30-82 and Exhibit "A". 8. Please identify, by author, subject and date, each and every document pertaining to construction and/or development of the real estate in question. ANSWER: See attached "Exhibit All and documents provided 9-30-82. 9. Please describe specifically and in detail the relationship between Third- Party Plaintiff, City of Eagan, and Bonestroo, Rosene, Anderlik & Associates, Inc. ANSWER: Objection - overbroad, vague and ambiguous. Bonestroo, Rosene, Anderlik & Associates is a consulting engineering firm retained by the City of Eagan. 10. Please describe specifically and in detail the relationship between Third- Party Plaintiff, City of Eagan, and Schimek Construction, Inc. ANSWER: Objection - overbroad, vague and ambiguous. There is no relationship between the City of Eagan and Schimek Construction, Inc., other than the fact that Schimek Construction was a builder within the corporate limits of the City. 11. Please describe specifically and in detail the the acts performed by Third- Party Plaintiff, City of Eagan, with respect to the property held by Plaintiffs, Thomas Ocel and Linda A. OceL ANSWER: Objection - overbroad, vague, ambiguous, and calls for opinions and conclusions. Several consultations were held between the City's consultant and the Ocels in response to their drainage problems. See attached "Exhibit A" and documents provided 9-30-82. 12. Please identify by subject, date and author any and all correspondence directed between Third-Party Plaintiff and Gabbert Development, Inc. ANSWER: See attached "Exhibit A" and documents provided 9-30-82. 13. Please identify by subject, date and author any and all correspondence directed between Third-Party Plaintiff and Bonestroo, Rosene, Anderlik and Asso- ciates, Inc. ANSWER: See attached "Exhibit A" and documents provided 9-30-82. 14. Please identify by subject, date and author any and all correspondence directed between Third-Party Plaintiff and Schimek Cosntruction, Inc. ANSWER: See attached "Exhibit All and documents provided 9-30-82. 15. Has the Third-Party Plaintiff, City of Eagan, or any agent on behalf of it taken any statements from anyone concerning the subject matter of this lawsuit. If so, then as to each such statement please state: ANSWER: None known of at present. 16. Please describe, by date and the name of the photographer, any photo- graphs dealing with the subject matter of this lawsuit. ANSWER: See answer 4a, plaintiff has photos, photocopies of photos sent to you on 9-30-82 (taken 8-27-82, photographer unknown). 17. Please identify by subject matter and author any and all brochures or other advertisements relating to the development in which Plaintiff's property is located. ANSWER: Unknown. 18. Please state the name, business address, occupation and job title or posi- tion of each and every witness who will testify on your behalf at the time of trial. ANSWER: Objection - work product, investigation and discovery are ongoing, this decision has not been made. See answers no. 4, 5 and 7. 19. With respect to your allegation that Gabbert Development, Inc. developed the general area of real estate in the area, including the real property described in Plaintiff's Complaint: a. State all facts which support or tend to support such allegation; b. State the name, address and telephone number of each person who has knowledge of facts which support or tend to support such al- legation; c. State the specific facts known to each person referred to in (b) above. d. Identify and describe each and every document which supports or tends to support such allegation; and e. Identify and describe each and every act performed by Gabbert Development, Inc., in developing the area. ANSWER: Objection - vague, overbroad, oppressive and burdensome. a. Gabbert Development petitioned the City for plat approval together with utility installation. Site grading and street construction were performed by Gabbert Development, Inc., see answer no. 2. b. See answers no. 4, 5 and 7. c. See answers no. 4, 5 and 7. d. See attached "Exhibit All and documents provided 9-30-82, see answer 4c, as-builts. e. See answer no. 19a. 20. Please state whether the City of Eagan accepted all or any part of the development developed by Third-Party Defendant Gabbert Development,.Inc. ANSWER: Objection - calls for opinions and conclusions. The City may have accepted only those improvements completed by Gabbert Development, Inc., with the appropriate guarantees on workmanship and materials. 21. If the answer to Interrogatory No. 2 above is yes, please state: ANSWER: N/A. 22. Please state specifically and in detail all acts undertaken by the City of Eagan to prevent and/or correct water problems in the general area of Plaintiff's home. ANSWER: See memo of July 7, 1979 and September 21, 1981 from Robert Rosene. 23. Please identify by caption and file number any and all litigation involving. real estate in this development area. ANSWER: Unknown. 24. Identify each person who has participated in or has provided information used, and each document consulted or referred to, in answering these Interrogatories. ANSWER: See attached "Exhibit A" and No. 7 and also Thomas A. Colbert, Director of Public Works. The undersigned does not warrant that he has personal knowledge of all the information contained in this document. CITY OF EAGAN By .ce as A. Colbert, P.E. Dirctor of Public Works Subscribed and sworn to before me this d 7ft'day of 1Lc ? J ,1982. v ?cc_ i IN . n rE.: s z +?tit ` DMOTA COUNTY 25 My Commission €xpiroa March, 1Y,1986 avwrnwvvr M EXHIBIT "A" 1. 3-31-76: Letter form Robert Rosene to Soil Conservation Service re silt control 2. 6-29-78: Letter from Robert Rosene to Ron Swanson (attorney) re site drainage plan 3. Memo from Dale Peterson to Thomas Hedges re Ocel-Jarvi water problem 4. 9-11-78: Letter from Ronald Swanson to City fo Eagan re claim 5. 7-7-79: Memo from Robert Rosene to Tom Colbert re Jarvi-Ocel drainage problem 6. Memo from Joe Connolly re Ocel property report 7. 7-12-79: Letter from Robert Rosene to Tom Colbert re Ches Mar storm sewer 8. 7-12-79: Ches Mar 2nd & 3rd storm sewer & Jarvi-Ocel drainage reports 9. 8-13-79: Letter from Thomas Hedges to Thomas Ocel re storm sewer installation 10. 2-12-81: Letter from Ronald Swanson to City of Eagan re Ocel land entry 11. 2-13-81: Letter form Thomas Colbert to Ronald Swanson re Ocel property 12. 3-23-81: Letter from Thomas Colbert to Ronald Swanson re Ocel property STATE OF MINNESOTA COUNTY OF DAKOTA Thomas Ocel and Linda A. Ocel, husband and wife, vs. City of Eagan, and City of Eagan, vs. Plaintiffs, Defendant, iF Third Party Plaintiff, Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc. Third Party Defendants. DISTRICT COURT FIRST JUDICIAL DISTRICT CITY OF EAGAN'S ANSWERS TO INTERROGATORIES OF THIRD PARTY DEFENDANT ROSENE, ANDERLIK AND ASSOCIATES C?- for 131le 2 C?G..L41 as Defendant and Third Party Plaintiff, City of Eagan, and for its Answers to the Interrogatories of Third Party Defendant, Bonestroo, Rosene, Anderlik and As- sociates, Inc., states as follows: 1. Identify each person employed by you or acting in your behalf who has knowledge regarding this project in addition with respect to such person, state the period of time, specifying beginning and ending dates, during which he/she was asso- ciated with the project. ANSWER: Thomas L. Hedges, City Administrator, limited association February of 1978 to the present; Joe Connolly, City Sewer Department, 1978 to the present; Dale Peterson, Chief Building Official, February of 1978 to the present; Thomas Colbert, Public Works Director/City Engineer form February of 1979 to the present; Robert W. Rosene and Keith Gordon, Consulting Engineers, February of 1976 to the present; Paul Hauge, City Attorney, February of 1979 to the present. 2. Identify any other person who has such knowledge. In addition, please specify for each such person all additional information requsted in Interrogatory No. 1 above. ANSWER: See No. 1 above; see answers 2, 4 and 16 of Gabbert Development, Inc.'s Answers to the City of Eagan's Interrogatories. 3. Specify the nature and extent of the knowledge possessed by each person listed in your Answer to Interrogatory No. 1 above. ANSWER: Objection - vague, overbroad, burdensome and oppressive. Thomas L. Hedges, City Administrator - coordination and processing of complaints 11? ,- and concerns by the Ocels to the appropriate City departments and/or City Counsel. Dale Peterson, Chief Building official - review of building permit application and inspection of single family dwelling for Lot 8, Block 2, Ches Mar 1st Addition. Thomas A. Colbert, Director of Public Works - review and recommendation of drainage problems experienced by the Ocels; also coordin- ation of all engineering related litigation information required. Robert W. Rosene, Consulting Engineer - review of initial development, grading and drain- age plans through the City's platting procedure for the Ches Mar 1st Addition. Also involved in review and recommendations for correction of drainage prob- lems with Public Works Director; Mr. and Mrs. Guy Jarvi, 4501 Ches Mar Drive; J. Turner, Turner Excavating, present at meeting with Duane Schimek. see Answer Number 2. 4. Specify the nature and extent of the knowledge possessed by each of the persons listed in your Answer to Interrogatory No. 2. ANSWER: See No. 3 above. 5. Identify any and all documents which you contend constitutes a contract, or contracts betweem Bonestroo and the City of Eagan or between Bonestroo and other parties in connection with the project. ANSWER: Contract for engineering services between the City of Eagan and the consulting engineering firm of Bonestroo, Rosene, Anderlik & Associates dated 1969 and updated annually as to fee schedule. 6. Identify each and all of the following documents with respect to this project: a. All contracts and subcontracts made with regard to this project; b. All information furnished to the City of Eagan or made available to the City of Eagan for its review or inspection; c. All original architectural drawings, as-built drawings and shop draw- ings on the project; d. Inspection reports; e. Documents dealing with any meetings between you and Bonestroo; g. Any reports of complaints regarding construction of a storm sewer system on this project; h. Photographs, movies or other pictorial descriptions pertaining to this project; i. Documents recording or summarizing any and all conferences held regarding any aspects of this project including but not limited to minutes of meetings, field office conferences, meetings with insurers and other conferences; and j. Documents concerning alleged deficiencies in performance by Bones- troo. ANSWER: Objection - vague, overbroad, burdensome and oppressive. a. Project 183, City Contract for the installation of sanitary sewer, water main, services, and storm serwer for the Ches Mar 1st Addi- tion. Awarded to Parrott Construction Co. by City Council on April 27, 1976. b. Preliminary and final plat layout, preliminary/final grading and drainage plans, and construction plans for dwelling construction under Building Permit No. 4666. c. Utility asbuilt drawings Page No. 349 and 350. d. None available. e. See Response to Request for Production of Statements and Response to Request for Production of Documents provided to all counsel on 9-30-82; letter dated 5-21-82 from Thomas A. Colbert to David Singer; letter dated 9-21-82 from Robert W. Rosene to Ron Swanson; memo dated 6-7-79 from Robert W. Rosene to Tom Colbert; letter dated July 17, 1979 from Robert W. Rosene to Tom Colbert; letter dated 3-23-81 to Ronald Swanson from Tom Colbert; memo from Dale Peterson to Thomas Hedges, see answers and attachments to answers to Gabbert's Interrogatories. f. See "e" above. g. See "e" above. h. See "e" above, plaintiff has photographs, plus photocopies of pictures sent to you 9-30-82, Mark Hurd aerial photographs - flown 1963.. I. See "e" above. j. See "e" above. Ocels. 7. Identify all of your meetings, conferences and conversations with the ANSWER: See "e" above. 8. Identify all experts retained or consulted by you with respect to this project, including experts retained or consulted in preparation for trial in this case and in addition to the following requested in the definitions, specify the following: ANSWER: None, other than Bonestroo, Rosene, Anderlik & Assoc., Inc., who are parties. 9. State specifically and in detail each and every act of Third-Party Defen- dant, Bonestroo, which was unlawful as alleged in Paragraph VI of your Complaint. ANSWER: Objection calls for opinion and conclusions, see answer No. 10. 10. State specifically and in detail each and everry act of third Party De- fendant, Bonestroo, which was negligent as alleged in Paragraph VI of your Complaint. ANSWER: Objection calls for opinion and conclusions, discovery and inves- tigation is continuing. With the consulting engineering firm of Bonestroo, Rosene, Anderlik & Associates acting as consulting engineers for the City of Eagan in performing all review of newly-proposed and submitted development plans within the City, it was the consulting engineering firm's responsibility to review these documents, request additional information, if necessary, and make recom- mendations to the Advisory Planning Commission and the City Council pertaining to its feasibility and potential impact regarding sanitary sewer, water, storm sewer, grading, drainage and other engineering related matters. The consulting engineering firm failed to properly identify the existing and potential future drainage problems associated with Lot 8, Block 2, Ches Mar 1st Addition as proposed and final platted. It was negligent in making necessary recommen- dations to insure that future development of this lot would not create any ad- verse drainage problems. The design of the storm water system was insufficient to insure against any adverse drainage problems associated with the development of this particular lot. Gabbert along with the consulting engineers determine the street grades and surface drainage in the area and this development. See memo dated July 7, 1979 from Bob Rosene to Tom Colbert. 11. State specifically and in detail each and every act of Third-Party Defen- dant, Bonestroo, which was careless as alleged in Paragraph VI of your Complaint. ANSWER: See No. 10 above. 12. With respect to your allegation that Third-Party Defendant, Bonestroo, engaged in activities which were careless, negligent and unlawful: a. State the name, address and telelphone number of each person who has knowledge of facts which support or tend to support such alle- gation; b. State the specific facts known to each person referred to in (a) above; c. Identify and describe each and every document which supports or tends to support such allegation; and d. Identify and describe each and every communication which supports or tends to support such allegation. ANSWER: a. See answers no. 1 and 2. b. Objection - vague, overbroad, burdensome and oppressive, unknown except to the extent answered by this document. c. Refer to answer no. 5 and 6-e. d. Same as c above. 13. Identify each person who has anticipated in or has provided information used, and each document consulted or referred to, in answering these Interrogatories. ANSWER: Thomas A. Colbert, after researching the appropriate Project 173 Tile, Lot 8, Block 2, Ches Mar 1st Addition parcel File, the Ches Mar 1st Addition plat file, all as identified under 6-e. The undersigned does not warrant that he has personal knowledge of all the information provided. CITY OF EAGAN By7'z Thomas A. Colbert, P.E. Dirctor of Public Works Subscribed and sworn to before me this day of ,1982. JUDITH CIIAFFEE NOTARY PUBLIC-MINNESOiA \+.?1 e DAKOTA COUNTY My Commission Expires March. 12, 1936 X WWVWVVWVVWVW WVW`NVWWWyyn 6 . ]k a SEA BLOMQUIST MAYOR THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER COUNCIL MEMBERS August 24, 1982 CITY OF EAGAN T' 3Y9S PILOT KNOB ROAD . P.O. sox211n "{r".EAGAN, MINNESOTA 55122 PHONE 454-9100 .,y.: MR DON C DAY I C/O DAVID K WE NDEL LAW OFFICE ' } EDINA OFFICE CENTER +r, K 7600 FRANCE AVE S SUITE 190 MPLS MN 55435 Re: Ocel vs. City of lik & Associates, Inc. Dear Mr. Day: Party THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERBEKE CITY CLERK 7II Enclosed please find the City of Eagan's response to the interrogatories as stated under Paragraph C, Page 4 of the document dated July 8, 1982 as submitted by Rocco J. Maffei Jr., Attorney for Briggs and Morgan, representating the consulting engi- neering firm of Bonestroo, Rosene, Anderlik & Associates, Inc.: 1. Thais L. Hedges, City Administrator, limited association February of 1978 to present Dale Peterson, Chief Building Official, February of 1978 to present Thomas A. Colbert, Public Works Director/City Engineer from February 1979 to present Robert W. Rosen, Consulting Engineer, February 1976 to present Paul Hauge, City Attorney, February of 1979 to present 2. See No. 1 above 3. Thomas L. Hedges, City Administrator - coordination and processing of complaints and concerns by the Ocels to the appropriate City departments and/or City Coun- cil. Dale Peterson, Chief Building official - review of building permit application and inspection of single family dwelling for Lot 8, Block 2, Ches Mar lst Addi- tion. Thais A. Colbert, Director of Public Works - review and reo nrendation of drain- age problems experienced by the Ocels. Also coordination of all engineering re- lated litigation information required. Robert W. Rosen, Consulting Engineer - review of initial development, grading and drainage plans through the City's platting procedure for the Ches Mar 1st Addition. Also involved in review and recomendaticns for correction of drain- age problems with Public Works Director. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. .0 0 • Ooel vs. City of Eagan Don C. Day August 24, 1982 Page two 4. See no. 3 above. 5. Contract for engineering services between the City of Eagan and the consulting en- gineering firm of Bonestroo, Rosene, Anderlik & Associates dated 1969 and updated annually as to fee schedule. 6. a. Project 173, City Contract for the installation of sanitary sewer, water main, services, and storm sewer for the Ches Mar 1st Addition. Awarded to Parrott Construction Co. by City Council on April 27, 1976. b. Preliminary and final plat layout, preliminary/final grading and drainage plans and construction plans for dwelling construction under Building Permit No. 4666. c. Utility asbuilt drawings Page No. 349 and 350. d. None available. e. See "Request for Production of Statements and Request for Production of Docu- ments". f. See "e" above. g. See "e" above. h. See "e" above. i. See "e" above. j. See "e" above. 7. See "6 e" above. 8. None 9. To be ampleted and forwarded by Don C. Day. 10. With the consulting engineering firm of Bonestroo, Rosene, Anderlik & Associates acting as consulting engineers for the city of Eagan in performing all review of newly-proposed and submitted development plans within the City, it was the con- sulting engineering firm's responsibility to review these documents, request addi- tional information if necessary and make recamlrendations to the Advisory Planning Commission and City Council pertaining to its feasibility and potential impact re- garding sanitary sewer, water, storm sewer, grading, drainage and other engineer- ing related matters. The consulting engineering firm failed to properly identify the existing and potential future drainage problems associated with Lot 8, Block 2, Ches Mar 1st Addition as proposed and final platted. It was negligent in mak- ing necessary recommendations to insure that future developrent of this lot would not create any adverse drainage problems. The design of the storm water system was insufficient to insure against any adverse drainage problems associated with the development of this particular lot. Ocel vs. City of Eagan Don C. Day August 24, 1982 Page three 11. See No. 10 above. 12. a. See no. 1. b. See no. 10. c. Refer to No. 5 and 6-e d. same as c. above. 13. The author of this letter, after researching the appropriate Project 173 file, the Lot 8, Block 2, Ches Mar 1st Addition parcel file, the Ches Mar 1st Addition plat file, all as identified under 6-e. Please advise me if any additional information is necessary over and above what has been previously submitted and/or contained in this letter. Sincerely, ?7ianas A. Colbert, P.E. Director of Public Works TAC/jack BEA BLOMQUIST MAYOR THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER COUNCIL MEMBERS August 11, 1982 CITY OF EAGAN St x0195 PILOT KNOB ROAD { V.O. BOX 21199 EAGAN, MINNESOTA 'ssul PHONE 454-9100 Ate' ?. DON C DAY & ASSOCIATES ATTN DON C DAY SUITE 190 EDINA OFFICE CENTER 7600 FRANCE AVE S MPLS MN 55435 Re: Request for Production of Documents - Mar First Addition - Eagan, Minnesota Dear Mr. Day: THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERBEKE CITY CLERK Lot 8, Block 2, Ches Enclosed please find the five copies of all correspondence in our files pertaining to the above-referenced item as requested. You will note prior to February 24, 1982, this had been done com- pletely and we have simply copied that portion. The top sheet you will note is referenced as after March 23, 1981 to the present. If you have any questions or need additional information, please feel free to call. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/jach enc. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. A OCEL CORRESPONDENCE (After 3-23-81 - see attached) DATE FILE ADDRESSEE FROM COPIES TO SUBJECT 2-24-81 Dir.PW T.A.Colbert Don Day Paul Hauge Third Party Complaint 7-16-81 Dir.PW T.A.Colbert Don Day - Third Party Complaint 8-26-81 Dir.PW T.A.Colbert R.W.Rosene - Storm Water Damage 9-21-81 Dir.PW Ron Swanson R.W.Rosene T.A.Colbert Summarization of Diffi- Don Day culties at Ocels Paul Hauge 12-28-81 Dir.PW T.A.Colbert Brad Smith Don Day Repair of Manhole Atty-City 4-14-82 Dir.PW T.A.Colbert Brad Smith Don Day Proposed agreement w/Ocels 4-27-82 Dir.PW Ron Swanson Brad Smith Don Day Transmittal of agreement T.A.Colbert Robert Rosene 5-21-82 Dir.PW David Singer T.A.Colbert Linda Ooel Meeting w/Linda Ocel Brad Smith T.L.Hedges David K. Wendel Don C. Day Joseph M. Stocco Patrick G. Farnand Jeff M. Zalasky Marion O. Haugen Thomas A. Colbert Director of Public Works City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Law Offices of DAVID K. WENDEL EDINA OFFICE CENTER 7600 FRANCE AVENUE, SO. SUITE 190 MINNEAPOLIS, MINNESOTA 55435 July 20, 1982 Re: Ocel vs. City of Eagan, et al Our File No. L-1875 Dear Sir: DECEIVED JUL k Telephone: 831-7879 Area Code: 612 Enclosed herewith are Interrogatories submitted to us by Bpnestroo, Rosene, Anderlik and Associates, Inc. and Request for Production of State- ments, and Request for Production of Documents submitted to us bySchimekr -Construction, Inc: which we are required to answer within thirty (30) days. We would appreciate your supplying the information on the yellow sheets of paper enclosed as completely as you can from the information that you have and copies of any documents or statements requested and return them to our office within approximately two weeks from the date of this letter. When you return these to us, we will then attempt to edit and supply missing information if it is available from our file, type them up, and send them to the other attorneys. Thank you very much. Sincerely, / C")L L. G_Y Don C. Day DCD' ab Enclosures STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT ---------------------------------------------------------------------------- Thomas Cc.el and Linda A. Ocel, husband and wife, Plaintiffs, vs. City of Eagan, and City of Eagan, vs. Defendants, REQUEST FOR PRODUCTION OF STATEMENTS Third Party Plaintiff, Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc. and Schimek Construction, Inc. --------------Third -Party Defendants. ------------------------------------------------------- TO: Plaintiffs and their attorney, Ronald H. Swanson, 4020 IDS Center, 80 South Eighth Street, Minneapolis, Minnesota 55402. Defendant and third party plaintiff and its attorney, Don C. Day, 4510 West 77th Street, Suite 236, Minneapolis, Minnesota 55435. Third party defendant Bonestroo, Rosene, Anderlik and Associates, Inc. and its attorney, Rocco J. Maffei, Jr., 2452 IDS Center, Minneapolis, Minnesota 55402. In accordance with Minnesota Rules of Civil Procedure, 26.02 (3), Schimek Construction, Incorporated requests that copies of the following be made available within ten (10) days: 1. All statements made by parties or nonparties concerning the above action or its subject matter. For the purpose of this Request, a statement is: (a) A written statement signed or otherwise adopted or approved by the person making it; or (b) A stenographic, mechanical, electrical or other recording, or a transcription therof, which is substantially a verbatim recital of an oral statement by the person making it and contemporaneously recorded. JARDINE, LOGAN & O'BRIEN By MARK A. FONKEN. Attorneys for Schimek_.Constructfon,. Inc 1350 Northern Federal Building St. Paul, Minnesota 55102 Phone: 227-0601 Dated: July 7, 1982 STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT ---------------------------------------------------------------------- Thomas Ocel and Linda A. Ocel, husband and wife, Plaintiffs, vs. City of Eagan, and City of Eagan, vs. Defendants, Third Party Plaintiff, Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc. and Schimek Construction, Inc. Third Party Defendants. DEMAND FOR DOCUMENTS TO: Plaintiffs and their attorney, Ronald H. Swanson, 4020 IDS Center, 80 South Eighth Street, Minneapolis, Minnesota 55402. Defendant and third party plaintiff and its attorney, Don C. Day, 4510 West 77th Street, Suite 236, Minneapolis, Minnesota 55435. Third party defendant Bonestroo, Rosene, Anderlik and Associates, Inc. and its attorney Rocco J. Maffei, Jr., 2452 IDS Center, Minneapolis, Minnesota 55402. Defendant, Schimek Construction, Inc. for its Demand for Documents - demands that each party to whom this demand is addressed supply, pursuant to the Rules, the following: 1.) Complete copies of any and all pleadings including Summons and Complaint, Answer, Interrogatories, Counterclaims, Crossclaims, and other discovery demands which have been served and filed by any and all parties in this case to date. 2.) Complete copies of any and all depositions which have been taken in this case to date. 3.) Copies of all documents which have been supplied pursuant to the demand made by any other counsel in this litigation to the time of this filing. 4.) Any and all photographs which relate to the subject litigation. 5.) The court file number in this case for purposes of filing future pleadings including the Substitution of Attorneys in my possession. Dated: July 7, 1932 JARDINE, LOGAN & O'BRIEN By MARK A. FONKEN Attorneys for Schimek Construction, Inc. 1350 Northern Federal Building St. Paul, Minnesota 55102 Phone: 227-0601 -9 - 11 STATE OF MINNESOTA COUNTY OF DAKOTA Thomas Ocel and Linda A. Ocel, husband and wife, Plaintiffs, vs. City of Eagan, and City of Eagan, vs. Defendants, Third-Party Plaintiffs, DISTRICT COURT FIRST JUDICIAL DISTRICT THIRD PARTY DEFENDANT BONESTR00_,_ROSENE_, ANDERLIK AND ASSOCIATES, INC.'S INTERROGATORIES TO THE CITY OF EAGAN Court File No. 91771 Gabbert Development, Inc. Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc., Third-Party Defendants. TO: Third Party Plaintiff, City of Eagan, and its attorney, Don C. Day, 4510 W. 77th Street, Suite 236, Minneapolis, Minnesota 55435. Third-Party Defendant, Bonestroo Rosene, Anderlik and Associates, Inc. ("Bonestroo") requires you to answer the following Interrogatories under oath within thirty (30) days from the date of service pursuant to Rule 33 of the Minnesota Rules of Civil Procedure for the District Courts of Minnesota. These Interrogatories are continuing and require supplemental answers to the extent provided by Rule 26.05 of said Rules. A. DEFINITIONS As used herein: 1. Bonestroo refers to Third-Party Defendant, Bonestroo, Rosene, Anderlik and Associates, Inc., in this case, including its agents, or any other persons acting or purporting to act on its behalf. 2. "You" or "Your" mean Defendant and Third-Party Plaintiff, City of Eagan, its present and.former officers, agents, insurers and all other persons acting or purporting to act on behalf of it, including all past or present employees exercising discretion, making decisions, having knowledge, or participating in any other respect in the project. "You" or "Your" when used with reference to the documents, shall include documents in your possession or custody or under your control or known by you to exist as well as those prepared by you unless otherwise stated. 3. "Document",shall mean any written, printed, typed or other graphic matter of any kind or nature, all mechanical and electronic sound records or transcripts thereof, all photographic, videotape or other visual records in the possession or control.of you or known by you to exist. It shall also mean all copies of documents by whatever means made. -2- 4. "Identify" and "Identity" used in reference to an individual person means to state: a. His full name and present business and home addresses; b. His present or last known position in business affiliation; and c. His position and business affiliation at the time in question. 5. "Identify" or "Identity" when used in reference to a document means to state: a. The date; b. The author; c. Type of document (eg. letter, memorandum, telegraph, chart, etc.) or some other means of identifying it; and d. Its present location and/or custodian. If any such document was, but is no longer in your possession or subject to your control, state what disposition was made of it and the date of such disposition. With respect to document identification, documents prepared subsequent to the time or period as specified. in the Interrogatory which relate or refer to such time or period are to be included. 6. "City of Eagan" refers to the Defendant, City of Eagan, including the officers, employees, agents, insurers, attorneys, representatives or any other persons acting or purporting to act on behalf of the City of Eagan. 7. "Project" shall mean all work performed for, on.behalf of, or in connection with the construction of the Plaintiffs', Thomas Ocel and Linda A. Ocel, home located at -3- 4505 Ches Mar Drive, Eagan, Minnesota. The description being, Lot 8, Block 2, Ches Mar First Addition, according to the recorded plat thereof, Dakota County, State of Minnesota; as well as, all work performed in the construction of the storm sewer used for the collection of surface water run-off from Ches Mar First Addition and other lands within the area of the Ches Mar First Addition, in. the City of Eagan, State of Minnesota. B. TIME PERIOD All information requested unless otherwise specifically indicated in the particular Interrogatory, is for the period commencing with your first knowledge of the project and the last day of trial herein. C. INTERROGATORIES 1. Identify each person employed by you or acting in your behalf who has knowledge regarding this project in addition with respect to such person, state the period of time, specifying beginning and ending dates, during which he/she was associated with the project. 2. Identify any other person who has such knowledge. In addition, please specify for each. such person all additional information requested in Interrogatory No. 1 above. 3. Specify the nature and extent of the knowledge possessed by each person listed in your Answer to Interrogatory No. 1 above. -4- 4. Specify the nature and extent of the knowledge possessed by each of the persons listed in your Answer to Interrogatory No. 2. 5. Identify any and all documents which you contend constitutes a contract, or contracts between Bonestroo and the City of Eagan or between Bonestroo and other parties in connection with the project. 6. Identify each and all of the following documents with respect to this project: a. All contracts and subcontracts made with regard to this project; b. All information furnished to the City of Eagan or made available to the City of Eagan for its review or inspection; c. All original architectural drawings,. .. as-built drawings'and shop drawings on the project; d. Inspection reports; e. Documents dealing with any meetings between you and Plaintiffs; f. Documents dealing with any meetings between you and Bonestroo; g. Any reports of complaints regarding construction of a storm sewer system on this project; h. Photographs, movies or other pictorial descriptions pertaining to this project; i. Documents recording or summarizing any and all conferences held regarding any aspects of this project including but not limited to minutes of meetings, field office conferences, meetings with insurers and other conferences; and -5- I j. Documents concerning alleged deficiencies in performance by Bonestroo. 7. Identify all your meetings, conferences and conversations with the Ocels. 8. Identify all experts retained or consulted by you with respect to this project, including experts retained or consulted in preparation for trial in this case and in addition to the information requested in the definitions, specify the following: a. His experience and qualifications as an expert; b. The date(s) you retained him as an expert; c. The purpose(s) for which you engaged him as an expert (eg. whether for trial or otherwise); d. The identity of any articles, books, publications or other documents which he has written or to which he has contributed; e. The identity of any document prepared by him for you. If prepared for purposes of trial, please specify; and f. The substance of the facts and opinions of the expert(s)'relating to the allegations set forth in your complaint. 9. State specifically and in detail each and every act of Third-Party Defendant,Bonestroo,which.was unlawful as alleged in Paragraph VI of your Complaint. 10. State specifically and in detail each and every act of Third-Party Defendant, Bonestroo, which was negligent as alleged in Paragraph VI of your Complaint. -6- 11. State specifically and in detail each and every act of Third-Party Defendant, Bonestroo, which was careless as alleged in Paragraph VI of your Complaint. 12. With respect to your allegation that Third-Party Defendant, Bonestroo, engaged in activities which were careless, negligent and unlawful: a. State the name, address and telephone number of each person who has knowledge of facts which support or tend to support such allegation; b. State the specific facts known to each person referred to in (a) above; c. Identify and described each and every document which supports or tends to support such allegation; and d. Identify and describe each and every communication which supports or tends to support such allegation. - 13. Identify each person who has participated in or has provided information used, and each document consulted or referred tin answering these Interrogatories. Dated: . MORGAN, P.A. Attorney or Third-Party Defendant Bonestroo, Rosene, Anderlik and Associates, Inc. 2452 IDS Center Minneapolis, Minnesota 55402 (612) 291-1215 -7- ' Law Offices of DAVID K. WENDEL EDINA OFFICE CENTER 7600 FRANCE AVENUE, SO. SUITE 190 David K. Wendel MINNEAPOLIS, MINNESOTA 55435 Don C. Day Joseph M. Stocco Patrick G. Fernand Jeff M. Zalasky Marlon 0 O. . Ha Haugen Jul 6 1982 July , Thomas A. Colbert Director of Public Works City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: 'Ocel\vs. City of Eagan, et al Our''File No. L-1066 Dear Mr. Colbert: Enclosed herewith please find Request for Production of Documents submitted to us by the plaintiffs. Telephone: 831-7879 Area Code: 612 03L We would appreciate your supplying us with photocopies of any of the documents requested as soon as possible. Thank you in advance. Sincerely, Don C. Day f/ DCD$' Enclosure STATE OF MINNESOTA COUNTY OF DAKOTA ------------------------------------ TFiOMAS_OCEL and LINDA `A OCEL, husband and wife, -- DISTRICT COURT FIRST JUDICIAL DISTRICT RE Plaintiffs, V. CITY OF EAGAN, Defendant, and CITY OF EAGAN, Third-Party Plaintiff, V. GABBERT DEVELOPMENT, INC., BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC., and SCHIMEK CONSTRUCTION, INC., Third-Party Defendants. REQUEST FOR PRODUCTION OF DOCUMENTS- -------------------------------------------- TO: City of Eagan, the above-named Defendant and Third-Party Plaintiff and their attorney, Don C. Day. The Plaintiffs, Thomas Ocel and Linda A. Ocel, request that you respond, or make available for response, on the 26th day of July, 1982, at 10:00 A.M. at the law office of Bush and Swanson, - 4020 IDS Center, 80 South 3th Street, Minneapolis, Minnesota. Pursuant to Rule 26 and Rule 34 of the Rules of Civil Procedure for the District Courts of Minnesota, for production and to permit inspection and copying, of the following categories of documents, or in the alternative, Defendant may make copies of the documents requested and forward such copies to Plaintiffs attorney on or before the 26th day of July, 1982. DEFINITIONS: A. Documents shall mean any writing of any kind, including but not limited to, all memorandum, records, reports, correspondence, communications, directives, instructions, notes, drafts, agendas, minutes of meetings, books, tapes, computations, opinions, bulletins, pamphlets, printed matter or tangiblo things on which any words, phrases or numbers are affixed, copies of such documents where originals are not available and whether or not the originals are produced, all copies of such documents upon which appear any initiallinq, notation- or handwriting of any kind not appearing on the original, which are in the custody, control or possession of Defendant or the where- abouts of the same are known to the Defendant. -l- REQUEST FOR PRODUCTION OF DOCUMENTS - 2 B. "Identify" or "identity" as opposed to a request to produce, requests a complete identification to the full extent known or ascertainable by Plaintiffs or their attorneys or agents, and when used to refer to a document, requests substance of the contents thereof, and when used to refer to an oral communication (e.g. telephone or in person), and the substance of the communication. C. Whenever in this document there is a request to identify document, state: 1. The date 2. The author and signature 3. The type of document (e.g. letter, memorandum, etc.) 4. The addresses and all other persons who received copies 5. The custodian 6. The location thereof DOCUMENTS REQUESTED FOR PRODUCTION: 1. Topography of the drainage area. 2. Plans and specifications of the present drainage system including secondary drainage onto Lot 8, Block 2, Ches Mar First Addition, Dakota County, Minnesota. 3. Plan and profile of streets in the drainage area. / i I f f/ , RONALD H. SWANSON For BUSH & SWANSON Attorneys for Plaintiffs 4020 IDS Center Minneapolis, MN 55402 Telephone: 333-7135 Dated: June 23, 1982. -2- LAW OFFICES ??CC•?? HOWARD, MCROBERTS & MURRAY 280 BAKER BUILDING 706 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402 WILLIAM D. HOWARD PAUL D. MCROBERTS PATRICK MURRAY May 26, 1982 (61 2) 333-2451 Mr. Paul H. Hauge Paul H. Hauge & Associates, P.A. 3908 Sibley Memorial Highway Eagan, MN 55122 Re: Guy D. Jarvi 4501 Ches Mar Drive Eagan, Minnesota 55123 Dear Mr. Hauge: I haven't spoken to you in respect to this matter for some time but on May 25 I received correspondence from Mr. Jarvi indicating that you and the Ocels are proposing to enter into a settlement of your lawsuit by entering into an agreement concerning certain things to be done in respect to the land. Mr. Jarvi has pointed out to me that in particular, paragraph la involves matters which propose to be done on Mr. Jarvi's land. In addition to that, of course, we do not know to what addit- ional extent Mr. Jarvi's land would be subject to increased water flow onto his property because of what you are doing. Whatever arrangements you make with the Ocels does not have our consent if it involves either direct work upon Mr. Jarvi's land or diversion of additional waters onto Mr. Jarvi's land. If such work is attempted without our consent and without adequate compensation to Mr. Jarvi, we will, of course, seek injunctive relief. Sincerely, HOWARD, McROBERTS & MURRAY William D. Howard WDH/sea cc: Mr. Guy D. Jarvi A G R E E M E N T WHEREAS, the parties hereto are plaintiffs and defendant in a lawsuit commenced on June 20, 1979, in Dakota County District Court; and, WHEREAS, pending a final determination of that lawsuit, the parties desire to take action to prevent potential future damage to the property of Ocels; NOW THEREFORE, it is hereby agreed by and between the Ocels and Fagan as follows: 1. The Ocels shall do the following: a. Improve the overflow route across their boulevard and along the upper edge of their driveway by removing and relaying sod, excavating a shallow swale across the boulevard and along the north edge of the drive and lowering about four bushes along the property line. b. When they pave their driveway, they shall provide a positive slope across their driveway and an edge berm to prevent water from flowing southerly across the drive into their backyard. c. Install gutters and downspouts on their roof to direct water away from the backyard, provide caulking and sealing as needed at the top of the foundation and at the low edge of the siding, and lower the swale across the yard as needed to provide positive drainage across the grass away from the house. 2. Eagan shall do the following: a. Install a backflow restriction "flap gate" in the manhole on the Ocel property. b. Seal up the manhole on the Ocel property and install a manhole cover bolted to the top of the manhole to prevent raising of the cover by water surcharge. 3. By agreeing hereto or acting hereunder, neither party admits liability or responsibility for any damages arising out of or relating to the above mentioned lawsuit or for any further action that may he necessary to prevent future damage to the Ocel property, and each party denies liability or responsibility therefor. The undersigned have read the foregoing agreement and fully understand it. THE CITY OF EAGAN BY: Thomas Ocel Its Mayor ATTEST: Linda A. Ocel Its Clerk BEA BLOMOUIST MAYOR THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER COUNCIL MEMBERS May 21, 1982 MR DAVID SINGER ATTORNEY 925 BUTLER SQ BLDG - 100 N 6TH ST MPLS MN 55403 Re: Ocel vs. City of Eagan Dear Mr. Singer: CITY OF EAGAN . t \.4;99 PILOT KNOB ROAD "N," *O. BOX 21199 EAGAN, MINNESOTA 55122 W .. ..w I: a?iY PHONE 454-9100 . i 7 THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERBEKE CITY CLERK At 9:30 A.M. on this date, a meeting was held with Linda Ocel by me and the City Ad- ministrator, Thomas Hedges, pertaining to her concern regarding the drainage prnblen associated with her lot located at 4505 Ches Mar Drive, Eagan, Minnesota. I an forwarding to you a copy of an agreement that was given to Mrs. Ocel at this meeting. A copy of this agreement was also forwarded to Mr. Ron Swanson approximate- ly one month ago. Mr. Swanson has previously been representing the Ocel's in their legal action against the City of Eagan. Apparently, Mr. Swanson had not forwarded this agreement to Linda Ocel for her review. Therefore, Mrs. Oc21 has asked that I forward this agreement to your attention so that she may discuss it with you in fur- ther detail. if you would like to discuss any engineering aspect relating to the drainage prob- lem or this agreement, please contact me. If you have any questions as to the status of the legal proceedings or the details of this agreemnt, please contact Mr. Brad Smith of our City Attorney's office at 454-4224. Sincerely, arras A. Colbert, P.E. Director of Public Works TAC/jach enc. cc - Linda Ocel Brad Smith Thomas L. Hedges, City Administrator THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. HAUGE, S3f=, FIDE & HEELER, P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3506 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA $6122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER April 27, 1982 Mr. Ronald Swanson Attorney at Law Suite 4020 IDS Center Minneapolis, MN 55402 Re: Ocel vs. City of Eagan Dear Mr. Swanson: RECEIVED i'K 6 u 32 AREA CODE 612 TELEPHONE 454.4224 Per our telephone conversation of April 13, I have prepared an agreement between the Ocels and the City of Eagan to have certain work done to reduce the possibility of future damage to the Ocel property. The City will not agree that if the measures outlined in this agreement don't completely solve the problem that the City will be responsible for any remaining work to be done or for any damages to the Ocels. If, in fact, a problem remains after this work is completed, it would be determined at that time who would be responsible rather than doing so now. If the agreement is acceptable to your clients, please let me know and I will arrange to have this approved by the City Council. If it is not acceptable please feel free to suggest an alternative. Very truly yours, Bradley Smith skk enclosure cc: Don Day was A. Colbert Robert Rosene t A G R E E M E N T WHEREAS, the parties hereto are plaintiffs and defendant in a lawsuit commenced on June 20, 1979, in Dakota County District Court; and, WHEREAS, pending a final determination of that lawsuit, the parties desire to take action to prevent potential future damage to the property of Ocels; NOW THEREFORE, it is hereby agreed by and between the Ocels and Eagan as follows: 1. The Ocels shall do the following: a. Improve the overflow route across their boulevard and along the upper edge of their driveway by removing and relaying sod, excavating a shallow swale across the boulevard and along the north edge of the drive and lowering about four bushes along the property line. b. When they pave their driveway, they shall provide a positive slope across their driveway and an edge berm to prevent water from flowing southerly across the drive into their backyard. c. Install gutters and downspouts on their roof to direct water away from the backyard, provide caulking and sealing as needed at the top of the foundation and at the low edge of the siding, and lower the swale across the yard as needed to provide positive drainage across the grass away from the house. 2. Eagan shall do the following: a. Install a backflow restriction "flap gate" in the manhole on the Ocel property. b. Seal up the manhole on the Ocel property and install a manhole cover bolted to the top of the manhole to prevent raising of the cover by water surcharge. 3. By agreeing hereto or acting hereunder, neither party admits liability or responsibility for any damages arising out of or relating to the above mentioned lawsuit or for any further action that may be necessary to prevent future damage to the Ocel property, and each party denies liability or responsibility therefor. The undersigned have read the foregoing agreement and fully understand it. Dated: THE CITY OF EACAN BY: Thomas Ocel Its Mayor ATTEST: Linda A. Ocel Its Clerk HAUGE, SbIITH, EIDE & IELLER. P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas A. Colbert Public Works Director 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel vs. City of Eagan Dear Tom: April 14, 1982 f i} AREA CODE 612 TELEPHONE 454.4224 Enclosed is a copy of the proposed agreement between the Ocels and the City to take the action to correct certain problems as outlined in the letter of Robert Rosene to Ron Swanson of September 21, 1981. Would you please review this and let me know if you feel any changes are in order. skk enclosure Very truly your , Bradley Smith cc: Don C. Day S A G R E E MEN T WHEREAS, the parties hereto are plaintiffs and defendant in a lawsuit commenced on June 20, 1979, in Dakota County District Court; and, WHEREAS, pending a final determination of that lawsuit, the parties desire to take action to prevent potential future damage to the property of Ocels; NOW THEREFORE, it is hereby agreed by and between the Ocels and Eagan as follows: 1. The Ocels shall do the following: a. Improve the overflow route across their boulevard and along the upper edge of their driveway by removing and relaying sod, excavating a shallow swale across the boulevard and along the north edge of the drive and lowering about four bushes along the property line. b. When they pave their driveway, they shall provide a positive slope across their driveway and an edge berm to prevent water from flowing southerly across the drive into their backyard. c. Install gutters and downspouts on their roof to direct water away from the backyard, provide caulking and sealing as needed at the top of the foundation and at the low edge of the siding, and lower the swale across the yard as needed to provide positive drainage across the grass away from the house. 2. Eagan shall do the following: a. Install a backflow restriction "flap gate" in the manhole on the Ocel property. b. Seal up the manhole on the Ocel property and install a manhole cover bolted to the top of the manhole to prevent raising of the cover by water surcharge. 3. By agreeing hereto or acting hereunder,neither party admits liability or responsibility for any damages arising out of or relating to the above mentioned lawsuit or for any further action that may be necessary to prevent future damage to the Ocel property, and each party denies liability or responsibility therefor. The undersigned have read the foregoing agreement and fully understand it. Dated: Thomas Linda A. THE CITY OF EAGAN BY: Its Mayor ATTEST: Its Clerk PAUL H. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH TELEPHONE 454.4224 KEVIN W. EIDE DAVID G. KELLER December 28, 1981 Mr. Thomas A. Colbert Public Works Director 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel vs. City of Eagan Dear Tom: In response to our telephone conversation of about a month ago with regard to Bob Rosene's letter of September 21 to Ron Swanson, Paul and I have dis- cussed internally and with Don Day, how .the City should handle the installation of the flap gate and the ceiling of the manhole as suggested in Bob's letter;: Our concern is avoiding any appearance of admitting liability. Paul has made the suggestion which I have passed on to Don Day that before the City does any of the work mentioned, an agreement should be signed by the Ocels: with the City in which both sides agree to do the work outlined in Bob's letter, and both sides agree that their agreement to do the work does not constitute an admission of liability. This way if the Ocels attempt to use the City's work to show that the City has indirectly admitted liability, the City can do the same to the Ocels.:. Since Don Day is handling this case for the City, he will probably want to be involved in making any decisions about what the City does in this regard. I'm therefore sending a copy of this letter to him. Please feel free to con- tact either me or Mr. Day if you have any other suggestions for handling this. Very truly yours, Bradley Smith skk cc: Don C. Day SEA BLOMOUIST MAYOR THOMAS EGAN MARK PARRANTO JAMES A. SMITH THEODORE WACHTER COUNCIL MEMBERS September 25, 1981 CITY OF EAGAN M PILOT KNOB ROAD (j P.O: BOX 11199 EAGAN, MINNESOTA Y ...?+_> b 1113122. PNDNE'esa•aloo MR DON C DAY DON C DAY & ASSOCIATES EDINA OFFICE CENTER SUITE 190 7600 FRANCE AVE SO MINNEAPOLIS MN 55435 THOMAS HEDGES CITY ADMINISTRATOR EUGENE VAN OVERBEKE CITY CLERK Re: Ocel vs. City of Eagan (Lot 8,_B1D.ck_2_, Ches Mar AddiEiori)--- Dear Mr. Day: Enclosed please find an answer to the interrogatories as requested by the attorneys for Gabbert Development in connection with the above referenced lawsuit. In addition to these interrogatory responses, I have attached copies of pertinent file information pertaining to the pending lawsuit. All originals are readily available for your review if necessary. Please feel free to edit these responses and attached information at your discretion. If additional information is needed, please contact me. Sincere1 Thomas A. Colbert, P.E. Director of Public Works TAC/hnd Encls. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. f W' f R?ci ivi d s 2 4 S9 C .2335 V. 1.....G .Yy1r...y 36 Si P..a. M---1. 55ff3 PA... 6f2.636-4600 September 21, 1981 1fQJ!!956- 2 5th 981 Mr. Ron Swanson Attorney-at-Law ROIYCf S3lj?' Suite 4020 IDS Center ? Minneapolis, Minnesota 55402 _u Re: Ocel Residence Site Drainage Eagan, Mn. Our File No. 49 Dear Sir: Orm b. Ilmrnrrn.r. P.E, R ??hn1 II'. Rnenu•, FE. l..,r,;h C. Au.Lrrfik. FL In ndln.J :1. L.rnrhrrg. P.F. Rn hnnl I:. Ilrrnrr. PF. ho.,, , C. 01""'. P r. Glnur R. C.A. P.E. A'nrh A. Gmdmr, P.E. f h,nnras F. A4nn, P.E. Richard 11'. Fonrr. P.E. Rnhrrt G. Sshu„irhe. P.E. ,flan in L Sorrala, P.E. Donald C. Furfmdl. P.E. lacy A. Bourdon. P.E. Hark A. Flanse,,. F.E. ('hone, A. Erick nor I.rn hf. Panrl>kr Ira4 a,:.1F Ofsox I)a,i.I F. alma This letter summarizes some of the difficulties experienced by above refer- enced residence relative to storm water drainage recently and the action which has been taken together with suggested further action to minimize further problems. A heavy rain occurred on the evening of August 25 and morning of August 26 which caused water to enter basement walkout portion of the Ocel house. The house was checked by Tom Colbert, Public Works Director, and the undersigned on the morning of August 26 at 11:30 A.M. In the basement walkout portion of the Ocel house, the edge of the carpeting adjacent to the south wall was wet in each of the two bedrooms and water extended in under the closet carpeting for five feet north of the south wall in the west bedroom. There was no water visible on the floor, but the carpeting was wet to feel and you could hear water in the cushion under the carpet. Water was reported by the Ocels to have entered the backyard from the storm sewer manhole by way of the existing drainage basin south of the house and caused the backyard to fill to such an elevation that the water entered the house. Our examination of the backyard provided no evidence that water backed out of the storm sewer nor that it had caused the water to flow into the grass area enclosed by fence from the low area outside the fence. It was apparent that the backyard within the fence is very flat and particularly so adjacent to the house. It appeared that the edge of the swimming pool is higher than the back door and a portion of the patio slopes toward the house. That portion of the patio immediately adjacent to the back door slopes very slightly away from the house. With no gutters on the roof, all of the south side of the house drains into the backyard. It is believed that this very intense short-duration storm caused water to pond in the backyard adjacent to the south wall of the house to an elevation above the lower floor level due to the very flat grades in this immediate area. 6360a Page 1. r -4 Further investigation of the problem was made by taking detailed elevations of the slope of the driveway and of the backyard of this property. These eleva- tions verified the fact that the backyard is quite flat and that only approxi- mately one and one-half inches of slope is present from the back door to to low portion of the patio where drainage starts across the grass lawn. The flat grade and elevation of the grass and of the rock immediately adjacent to the back wall are sufficiently high so that they can temporarily restrict water from flowing out of the yard causing the water to rise to an elevation above the inside floor level. A further investigation was madeby flooding the streets using the fire hy- drants in the area and observing the action of the catch basins and the flow in the manhole on the Ocel property. These tests were made on Setember 1, 1981. They indicated good flow characteristics in the line from the street to the manhole and in the line from the manhole to the ponding area. There was some turbulance in the manhole but no flow backed out of the pipe into the backyard. The flow tests indicated the pipe has the capacity of flow which was originally anticipated. After reviewing all of the data available and considering the fact that there may be future storms of greater magnitude than this late August storm, we are suggesting the following course of action: Action by: 1. Install a backflow restriction "flap gate" in the manhole to insure that no flow can come from the manhole into the backyard during peri- City ods of intense flow in the storm sewer. This flap gate will automat- ically open to allow water to flow from the backyard into the storm sewer as soon as the peak flow has subsided in the manhole. This is anticipated to be not more than a few hours during intense storms, if at all. Adequate capacity exists in the low area of the backyard to temporarily store the runoff from the Ocel lot and the immediately adjacent land draining into their backyard. 2. Seal up the manhole and install a standard manhole cover bolted down City to the top of the manhole so that the cover could not be raised off due to water surcharge in the manhole. 3. Improve the overflow route across the boulevard and along the upper edge of the drive to insure an adequate bypass if water did overflow Ocel from the streets due to plugged catch basins or an extremely heavy storm. This will require the removal and relaying of the sod, the excavation of a shallow swale across the boulevard and along the north edge of the drive and the lowering of approximately 4 bushes along the property line. 4. When the Ocel's pave their driveway, they should provide a positive slope across the driveway and an edge berm to prevent water from Ocel flowing southerly across the drive into their backyard. The present driveway is generally sloped in this manner and will require a mini- mal amount of reshaping to insure this protective action. 5. Install gutters and downspouts on the roof to direct that water from the area of the backyard. Check what sealing was done at the top of Ocel foundation and at the low edge of the- siding and provide caulking if this was not previously accomplished. Check on lowering the Swale across the yard to provide for positive drainage across the grass away from the house. Page 2. 6360a We are confident that if these courses of action are followed, no damage will occur to this property from excessive storm water drainage in the street or from the possibility of an overloaded storm sewer. We are also confident that the improvements to the drainage at the house will prevent damage occurring from excessive storm water from the roof or backyard flowing on the property or from the immediately adjacent drainage area which drains to their backyard ponding area. The installation of the flap gate and improvement to the manhole will be made immediately if there are no objections from your client. The improvement of the overland drainage swale across the boulevard and adjacent to the driveway should be made as soon as permission is granted by the Jarvis to permit the minor shaping of their property. Please advise of your desires on this proj- ect. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert W. Rosene RWR:li cc; Mr. Tom Colbert Mr. Don Day, Atty. Mr. Paul Hauge, Atty. Page 3. 6360a MEMO FOR FILE NO. 49 August 26, 1981 By RWR STORM WATER DAMAGE AT OCEL PROPERTY Investigation made after a report received from Ocel's Attorney that they had back yard flooding and damage to their home due to water coming into the house from the south. Water came from the storm sewer according to the Ocels. Rain was Tuesday night and early Wednesday morning) A-5 Z5-4 -zb?t1al, Checked the house with Tom Colbert at 11:30 A.M. Catch basins in the street were partially blocked but at least 80% of the surface of the grate plus all of the curb opening on each side of the street were open. Erosion patterns on the crushed rock driveway indicated that the water had flowed northerly off the driveway rather than to turn into the back yard of Ocels. Not evident how much water overflowed from the street, if any. Checked the basement walkout portion of Ocel house. The edge of the car- peting adjacent to the south wall was wet in each of the two bedrooms and the water extended in under the closet carpeting 4 or 5 feet north of the south wall in the west bedroom. There was no visible water on the floor but the carpeting was wet to feel and you could hear water in the cushion under the carpet. The patio just outside the south wall is very flat and appears to be at approximately the same elevation as the inside floor of the house. The back yard is quite flat but does slope some to the south to the fence adjacent to the swimming pool. Mrs. Ocel claims that the water flowed out of the manhole into the back yard filling up the low area of the back yard and then continuing to flow in on the grass until the area immediately adjacent to the south wall of the house was flooded after which the water seeped into the bedroom floor area. Page 1. 6007a Checked the lower area of the yard and particularly the drainage swale that was supposed to have been flooded from the ponding area. There was no evidence of any debris being carried from the low area up onto the grass at ,any parts of the yard adjacent to the ponding area. Checked the manhole on the storm sewer and found grass clippings on the top slab adjacent to the square steel plate covering the opening in the man- hole. Any overflow out of the top of the manhole would certainly have washed the grass clippings off of the top slab. Water was flowing into the manhole from the low area of-their yard at the time of our visit. There was no evi- dence that water had flowed out of that inlet. The roof has no gutters nor downspouts. All of the water falling on the south half of the roof would drain off the roof directly into the back yard and patio area. It is our belief that the excess water which seeped into the house was from the roof and yard drainage and not due to backup from the storm sewer. It is probable that a very intense rain provided more water than could flow off due to the flat slopes of the patio and yard causing a ponding temp- orarily immediately adjacent to the south wall. We stated to Mrs. Ocel that we would take additional elevations on the patio and the back yard and would get back to her attorney, Ron Swanson, rela- tive to this project. We also recommended that she dry out the carpeting as quickly as possible so that it would not be damaged due to the small amount of water which has soaked into each room. We then checked the Jarvi property and talked with Mrs. Jarvi. They had no difficulty due to the storm. Any water which overflowed the street, if any, flowed down their driveway and out a culvert which they have which drains to their side lot line. The culvert handled the water satisfactorily and there is evidence that a fairly heavy flow drained across their property on Page 2. 6007a the surface but did no damage. Their sod is well established now. Mrs. Jarvi stated that they have had no difficulties this year and she is pleased that their problem appears to be solved. I believe that two actions need to be taken on the storm sewer: 1. Provide a flap gate in the storm sewer manhole to prevent the possibility of water backing out of the manhole when water from the street may be sur- charging the 15" storm sewer draining to the pond. 2. Seal up the manhole and install a-standard manhole cover bolted down to the top of the manhole so that the cover could not be raised off due to water surcharge in the manhole. It is very doubtful that the water could surcharge enough to raise a normal manhole cover but by bolting the ring and cover down, it can be prevented for sure. As far as the Ocel house is concerned, it is probable that a gutter with down spouts on the south roof would minimize their problem and it may be nec- essary to do some regrading in the back yard to remove heavy flows from in- tense rains before it can back into the house. Also, the caulking along the bottom of the wall should be checked. to see if it is properly sealed from out- side water. The driveway should also be shaped to provide a more positive drainage to the northerly lot line and the boulevard area between the Jarvi V and the Ocel driveways should be lowered to provide a positive drainage swale down the lot line to handle any possible overflows from the street. Undoubt- edly there will be overflows from the street due to catch basin pluggage and/or extremely intense short duration rain storms. With a positive overflow from the street down the lot line to the pond, property damage to both the Jarvi and the Ocel homes can be avoided. RWR:Ii 3. 6007a DON C. DAY & ASSOCIATES IV , JUL ' at SUITE 190 EDINA OFFICE CENTER 7600 FRANCE AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55435 612-831-7879 July 16, 1981 Mr. Thomas A. Colbert Director of Public Works City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel vs. City of Eagan Our File No. L-1066 Dear Mr. Colbert: Enclosed please find a copy of the Third Party Complaint in this matter, as per your request. Sincerely, Don C. Day DCD4j Enclosure + -VI DON C. DAY & ASSOCIATES RECEIVED JUN 5 1981 at SUITE ISO - EDINA OFFICE CENTER 7800 FRANCE AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55435 612.831-7879 June 5, 1981 Thomas A. Colbert Director of Public Works City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel vs. City of Eagan, et al Our File No. L-1066 Dear Mr. Colbert: Enclosed herewith are Interrogatories submitted to us by the plaintiff's attorney which we are required to answer within thirty (30) days. We would appreciate your supplying the information on the yellow sheets of paper enclosed as completely as you can from the information that you have and.return them to our office within approximately two weeks from the date of this letter. When you return these to us, we will then attempt to edit and supply missing information if it is available from our file, type them up, and send them to the plaintiff's attorney. Thank you very much. Sincerely, D(Yn-e- -AL Wit/ Don C. Day D C D Cal) Enclosures IhL STATE OF MINNESOTA COUNTY OF DAKOTA Thomas Ocel and Linda A. Ocel, husband and wife, V. City of Eagan, and City of Eagan, V. Plaintiffs, DISTRICT COURT FIRST JUDICIAL DISTRICT GABBERT DEVELOPMENT INC.'S Defendants. INTERROGATORIES TO THIRD-PARTY PLAINTIFF Third-Party Plaintiff, Gabbert Development, Inc., Bonestroo, Rosene, Andernik and Associates, Inc., and Schimek Construction, Inc., Third-Party Defendants. TO: THIRD-PARTY PLAINTIFF, CITY OF EAGAN, AND ITS ATTORNEY, DON C. DAY, 4510 W. 77th Street, Suite 236, Minneapolis, Minnesota 55435. Third-Party Defendant, Gabbert Development, Inc., requests that Third-Party Plaintiff, City of Eagan, answer the following Interrogatories under oath within thirty days pursuant to the Minnesota Rules of Civil Procedure. PRELIMINARY STATEMENT You are requested to answer each Interrogatory on the basis of all information available to you including your agents, employees, and attorneys and their agents, and not merely information known of your own personal knowledge. If you cannot answer any Interrogatory in full,-after exercising due diligence to secure the information to do so, so state and answer to the extent possible, specifying your inability to answer the remainder, and stating whatever knowledge, information or belief you have concerning the unanswered portions. IIt is dt.manded that each Interrogatory precede its answer as required by Rule 33.01(4) of the Minnesota Rules of Civil Procedure. INTERROGATORIES Interrogatory No. 1: State specifically and in detail each and every act of Third-Party Defendant, Gabbert Development, Inc., which was unlawful as alleged in paragraph VI of Third-Party Plaintiff's Complaint. Interrogatory No. 2: State specifically and in detail each and every act of Third-Party Defendant, Gabbert Development, Inc., which was negligent as alleged in Paragraph VI of Third-Party Plaintiff's Complaint. Interrogatory No. 3: State specifically and in detail each and every act of Third-Party Defendant, Gabbert Development, Inc., which was careless as alleged in Paragraph VI of Third-Party Plaintiff's Complaint. Interrogatory No. 4: With respect to your allegation that Third-Party Defendant Gabbert Development, Inc. engaged in activities which were careless, negligent and unlawful: a. State the name, address and telephone number of each person who has knodgsuch e of affacts actstwhich support or tend to support b. State the specific facts known to each person referred to in (a) above; c. Identify and describe each and every document which supports or tends to support allegation; and d. Identify and describe each and every communicwhich supports or tends to support such allegation. Interrogatory No. 5: Identify each person whom you believe has any knowledge of the facts and circumstances surrounding the subject matter of this lawsuit. As to each such person, state the substance and subject matter of his or her knowledge. Interrogatory No. 6: Please state the name, business address, occupation and job title or position of each and every expert witness: a. Whom you expect to call as an expert witness at trial; b. Whom you have retained or specifically employed in anti .ci_pation of litigation or preparation for trial not listed in your answer to subsection (a) of this Interrogatory. Interrogatory No. 7: As to each person named in answer to Interrogatory No. 6 above, describe in detail and state: a. The subject matter as to which the expert witness is expected to testify; b. The substance of the facts and opinions as to which the expert is expected to testify; -2- c. A summary of the grounds for each opinion; d. If you will do so without a Motion, provide, together with your answers•to these Interrogatories, a copy of any and all reports prepared by such expert witness at your request. Interrogatory No. 8: Please identify, by author, subject and date, each and every document pertaining to construction and/or development of the real estate in question. Interrogatory No. 9: Please describe specifically and in detail the relationship between Third-Party Plaintiff, City of Eagan, and Bonestroo, Rosene, Andernik & Associates, Inc. Interrogatory No. 10: Please describe specifically and in detail the relationship between Third-Party Plaintiff, City of Eagan, and Schimek Construction, Inc. Interrogatory No. 11: Please describe specifically and in detail the acts performed by Third-Party Plaintiff, City of Eagan, with respect to the property held by Plaintiffs, Thomas Ocel and Linda A. Ocel. Interrogatory No. 12: Please identify by subject, date and author any and all correspondence directed between Third- Party Plaintiff, and Gabbert Development, Inc. Interrogatory No. 13: Please identify by subject, date and author any and all correspondence directed between Third- Party Plaintiff and Bonestroo, Rosene, Andernik and Issociates, Inc. Interrogatory No. 14: Please identify by subject, date and author any and all correspondence directed between Third- Party Plaintiff and Schimek Construction, Inc. Interrogatory No. 15: Has the Third-Party Plaintiff, City of Eagan, or any agent on behalf of it taken any statements from anyone concerning the subject matter of this lawsuit. If so, then as to each such statement please state: a. The name, address, present employer and present position of each person whose statement has been taken; b. The name, address, present employer and present position of each person who presently has custody -3- or control of each such statement; C. The name, address, present employer and present position of each person who took each statement; and d. Attach copies of all such statements to your Answers to these Interrogatories. Interrogatory No. 16: Please describe, by date and the name of the photographer, any photographs dealing with the subject matter of this lawsuit. Interrogatory No. 17: Please identify by subject matter and author any and all brochures or other advertisements relating to the development in which Plaintiff's property is located. Interrogatory No. 18: Please state the name, business address, occupation and job title or position of each and every witness who will testify on your behalf at the time of trial. Interrogatory No. 19: With respect to your allegation that Gabbert Development, Inc. developed the general area of real estate in the area, including the real property described in Plaintiff's Complaint: a. State all facts which support,or tend to support such allegation; b. State the name, address and telephone number of each person who has knowledge of facts which support or tend to support such allegation; c. State the specific facts known to each person referred to in (b) above; d. Identify and describe each and every document which supports or tends to support such allegation; and e. Identify and describe each and every act performed by Gabbert Development, Inc., in developing the area. Interrogatory No. 20: Please state whether the City of-Eagan accepted all or any parr of the development developed by Third-Party Defendant Gabbert Development, Inc. Interrogatory No. 21: If the answer to Interrogatory No. 20 above is yes, please state: a. The portion of the development which was accepted; -4- b. The manner in which it was accepted; c. The date of the acceptance. Interrogatory No. 22: Please state specifically and in detail all acts undertaken by the City of Eagan to prevent and/or correct water problems in the general area of Plaintiff's home. interrogatory No. 23: Please identify by caption and file number any and all litigation involving real estate in this development area. Interrogatory No. 24: Identify each person who has participated in or has provided information used, and each document consulted or referred to, in answering these Interrogatories. Dated: May 28, 1981. WIESE AND COX, LTD. L / . B y t ILi1' .? _ Paul G. Neimann Attorneys for Third-Party Defendant Gabbert Development, Inc. 2022 IDS Center Minneapolis, Minnesota 55402 Telephone: (612) 339-7531 -5- BEA 6iJ11OUIST ._' I _R THOMAS EGAN MARK PARRANTO JAMES A SMITH THEODORE WACHTER COUNCIL MEMBERS March 23, 1981 MR RONALD H SWANSON C/O BUSH BRUNELTE & SWANSON 4020 IDS CENTER 80 SOUTH 8TH ST MPLS MN 55402 CITY OF EAGAN .37a5 PILOT KNOB ROAD EAGAN. MINNESOTA 55T22 PHONE 451-BIM THOMAS HEDGES CITY ADMINISTRATOR ALYCE BOLKE CITY CLERK RE: 4505 Ches Mar Drive - Ocel Property - Parcel No. 10 17100 080 02, Ches Mar 1st Addition Dear Mr. Swanson: I have been requested from Mr. Don Day of the David K. Wendall law Offices to respond to your concern pertaining to existing drainage problems as it pertains to the above- referenced property. Apparently, during a conversation between you and Mr. Day, you indicated that a larger size pipe in lieu of the one presently running along the pro- perty line between the Ocel's property and their neighbor, the Jarvi's, would provide for more capacity and relieve the situation. Please be informed that during the fall of 1979, the City installed additional storm sewer facilities upstream thereby reducing the drainage area and providing for greater capacity in the existing storm sewer sys- tem that you referenced as being located on the Ocel's north property line. Therefore, the City feels that any adverse drainage problems relating to the Ocel's property is a direct result of the inproper placement of the structure on this lot and the associa- ted landscaping and grading that was performed by the Ocel's, or their agents. The City does not feel any obligation due to the fact that the existing storm sewer system is of sufficient capacity to handle the 5-10 year storms. This is a normal design criteria used in all urban storm sewer design in the City of Eagan and neighboring coimcmities. I hope this response answers some of the concerns that you expressed to Mr. Day during previous conversations. If you would like additional information, please contact me. Sincerely, Thomas A. Colbert Director of Public Works TAC/jac cc - in Day, % David Wendall Law offices, 4510 W. 77th St, Suite 236, Mpls, Mn. 55435 Paul Hauge, City Attorney THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. David K. Wendel Don C. Day Joseph M. Stocco Jeanne E. Knight Law Offices of DAVID K. WENDEL 4510 WEST 77th STREET, SUITE 236 MINNEAPOLIS, MINNESOTA 55435 February 24, 1981 ; Telephone: 831.7879 Area Code: 612 Mr. Thomas Colburg City of. Eagan 3795 Pilot Knob Road Eagan, MN 55122 I r Re:. Ocel vs. City of Eagan Our File No. L-1066 Dear Mr. Colburg: As you gentlemen know, I am in the process of commencing a third party action against Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc. I am enclosing a copy of the proposed Complaint. In my conversation with Mr. Swanson, the attorney for the Ocel's, he indicates that the drainage problem continues to exist, and that he believes a larger size pipe in lieu of the one presently running along the property line between the plaintiffs' property and their neighber Jarvis, would give more capacity and relieve the situation. I told him I would contact you with regard to this desired improvement or other alternatives. Would you please review the situation and make a determination of whether the City is willing to do. anything to relieve this situation, and then deal directly with Mr. Swanson on that and advise me of what develops along that line. Sin><Leely, Don C. Day DCD/ab Enclosure cc: Paul Hauge - ' • ` 1. 1 DON C. DAY it ASSOCIATES Y?1-IJL VL.J GIJL :? 'J IJ _lttarneys at scam SUITE 190 EDINA OFFICE CENTER 7600 FRANCE AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55435 612-831-7879 July 16, 1981 Mr. Thomas A. Colbert Director of Public Works City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel vs. City of Eagan Our File No. L-1066 Dear Mr. Colbert: Enclosed please find a copy of the Third Party Complaint in this matter, as per your request. Sincerely, Don C. Day DCD/cji Enclosure STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL DISTRICT Thomas Ocel and Linda A. Ocel, husband and wife, vs. City of Eagan, and City of Eagan, vs. Plaintiffs, Defendants. Third Party Plaintiffs, Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc., Third Party Defendants. THIRD PARTY SUMMONS THE STATE OF MINNESOTA TO THE ABOVE-NAMED THIRD PARTY DEFENDANT: YOU ARE HEREBY summoned and required to serve upon the Attorney for Defendant and Third Party Plaintiff, Don C. Day, at his office at 4510 West 77th Street, Suite 236, Minneapolis, Minnesota 55435, an Answer to the Third Party Complaint attached hereto and served upon you, within twenty (20) days after service of this Third Party Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in said Third Party Complaint. LAW OFFICES OF DAVID H. WENDEL By: Don C. Day Attorney for Third Party Plaintiff 4510 W. 77th Street, Suite 236 Minneapolis, MN 55435 Telephone: 612/831-7879 STATE OF MINNESOTA COUNTY OF DAKOTA Thomas Ocel and Linda A. Ocel, husband and wife, Plaintiffs, vs. City of Eagan, and City of Eagan, Defendants. Third Party Plaintiffs, vs. Gabbert Development, Inc., Bonestroo, Rosene, Anderlik and Associates, Inc., and Schimek Construction, Inc., DISTRICT COURT FIRST JUDICIAL DISTRICT THIRD PARTY COMPLAINT Third Party Defendants. Comes now Defendant and Third Party Plaintiff, City of Eagan, and for its cause of action against third party defendants states and alleges as follows: I. That Plaintiffs, Thomas Ocel and Linda A. Ocel served upon Defendant and Third Party Plaintiff, a Complaint, a copy of which is attached hereto as Exhibit A, which is incorporated by reference. U. That Third Party Defendant Bonestroo, Rosene, Anderlik and Associates, Inc., is a Minnesota corporation, and at all times pertinent was acting as an indepen- dent contractor doing engineering services in the area of the plaintiffs' residence, including but not limited to, insuring services for water main, sanitary sewer, storm sewer, streets, sewage and water treatment and miscellaneous general works. in. That Schimek Construction, Inc. is a Minnesota corporation, and at various and pertinent times were the owners of the real property described in Plaintiffs' Complaint, and built the home described in Plaintiffs' Complaint under a building contract, a copy of which is attached and incorporated by reference hereto as Exhibit B. IV. That Gabbert Develoment, Inc. is a Minnesota corporation. V. That Gabbert Development, Inc. developed the general area of real estate in the area and including the.real property described in Plaintiffs' Complaint. VI. That the activities of all the Third Party Defendants were careless, neg- ligent, and unlawful. VI. That if Plaintiffs were damaged or injured as alleged in their Complaint or otherwise, said damage or injuries were caused solely by or contributed proxi- mately by the aforesaid negligent conduct or other conduct of the three Third Party Defendants. WHEREFORE, in the event that Defendant and Third Party Plaintiff is required by judgment or otherwise to pay any sum to Plaintiffs, then Defendant and Third Party Plaintiff demands judgment against Third Party Defendants for all such sums that may be adjudged against them in favor of Plaintiffs together with attorney's fees, costs and disbursements. LAW OFFICES OF DAVID K. WENDEL By: Don C. Day Attorney for Third Party Plaintiff 4510 W. 77th Street, Suite 236 Minneapolis, MN 55435 Telephone: 612/831-7879 { STATE OF MINNESOTA COUNTY OF DAKOTA Exhl?oA A --------------------------------- THOMAS OCEL and LINDA A. OCEL, husband and wife, Plaintiffs,, vs. CITY OF EAGAN, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. C 0 M P L A I N T Plaintiffs for their cause of action against the above named Defendant allege as follows: I. Plaintiffs own and occupy a house and lot known as 4505 Ches Mar Drive, Eagan, Minnesota, more particularly described as follows: Lot 8, Block 2, Ches Mar First Addition, according to the recorded plat thereof, Dakota County, State of Minnesota. II. Defendant is a municipal corporation in such County and State, duly organized and existing under the laws of such State. III. Defendant, acting through its agents and employees, con- structed a storm sewer system for the purpose of collecting surface water runoff from Ches Mar First Addition and other lands within the City of Eagan, State of Minnesota. IV. Aforesaid storm sewer system was not constructed to adequately discharge aforesaid surface waters. V. Aforesaid storm sewer system has not functioned adequately to discharge aforesaid surface water and has caused great damage to Plaintiffs' property and home by improperly causing surface waters to be discharged onto Plaintiffs' property. VI. As a direct result of such discharges and flooding, Plaintiffs have been greatly damaged. VII. i By causing such discharges and flooding, Defendant has caused damage to Plaintiffs' property in the sum of Two Hundred Thousand Dollars ($200,000.00). Plaintiffs have demanded that Defendant compensate Plaintiffs for such damages and install adequate storm drainage facilities to prevent such improper discharges and flooding, but Defendant has refused to pay such compensation and to correct the drainage problem created by Defendant's existing storm drainage system. "-VIII. That in doing all the things herein alleged, Defendant acted maliciously and was guilty of a wanton disregard of the rights of the Plaintiffs and by reason thereof Plaintiffs demand exemplary and punitive damages against the Defendant in the sum of Three Hundred Thousand Dollars ($300,000.00). IX. By continuing to maintain the present storm sewer-system without adequate facilities for drainage of surface waters, Defendant is committing a continuing wrong against Plaintiffs, for which Plaintiffs have no adequate remedy at law. WHEREFORE, the Plaintiffs demand judgment against Defendant in the sum of Five Hundred Thousand Dollars ($500,000.00), a mandatory injunction ordering Defendant to provide adequate storm drainage facilities to protect Plaintiffs' property against injury from surface water runoff, together with attorneys' fees, interest and costs. Ronald .H. Swanson For BUSH, BRUNELLE & SWANSON Attorneys for Plaintiffs 4020 IDS Center 80 South 8th Street Minneapolis, Minnesota 55402 Telephone: 333-7127 - 2 - L-xkib A 5 BUILDING CONTRACT THIS AGREEMENT, made and entered into this day of 1978, between SCHIMEK CONSTRUCTION, INC., a Minnesota corporation, party of the first part, hereinafter called CONTRACTOR, and THOMAS OCEL and LINDA OCEL, husband and wife, parties of the second part, hereinafter called BUYER. W I T N E S S E T H: 1. The Contractor is the owner of the following described real property: Lot 8, Block 2, Ches Mar First Addition, in Dakota County, Minnesota. 2. That contractor shall erect and build in a substantial and workmanlike manner a dwelling house upon the aforedescribed real property in accordance with the drawings and specifications signed by both parties hereto, the drawings marked Exhibit "A" and attached here- to and made a part hereof and the specifications are marked Exhibit "B" and attached hereto and made a part hereof. The Contractor agrees that the work under this contract /aO pals aTtr. shall be substantially completed on or before , unless P Mers A prevented by strikes, accidents, weather or any other circumstances or conditions beyond the control of the Contractor. 4. The Contractor shall provide all the materials and perform all the work mentioned in the specifications or shown upon the drawings, and shall provide all scaffolding, plant, tools and appliances necessary for the performance of said work. The Contractor shal•1 also supply duly qualified and experienced artisans, workmen and foremen to carry out the work. The Contractor shall carry all necessary and proper insurance including Workmen's Compensation Insurance. 5. If the Buyer shall upon written order require any deviation from the said drawings and specifications or any additionalor other work to be done to or other than as described thereon, or any work thereon described to be omitted, the Contractor will carry, out such requirements and perform the additional or other work in a:substantial Page 1 of 3 pages and workmanlike manner within the time prescribed by and to the satisfaction of the Buyer, that the Buyer and the Contractor shall compute and certify the value of such additional or other work and of work omitted as soon as practicable and the amount so ascertained shall be added or deducted from the contract price and be adjusted in cash at the time or on or before occupancy by the Buyer. 6. The Buyer agrees to pay the Contractor for the performance o`f this contract to erect a dwelling house upon the Contractor's lot, One Hundred Twenty-two Thousand Nine Hundred Ninety-five and 00/100 Dcfiars ($122,995.00), subject to any additions or deductions to the g,erseral conditions of this contract as herein specified, by install- ments, as follows: ((a) $2,000.00, down payment upon execution of this agreement. (;b) $120,995.00, balance, in cash, prior to occupancy by the Buyer. The Buyer agrees that Buyer will obtain, at their own expense, a mortgage from a reputable lender to assure having enough money to make this final payment. Buyer agrees not to be entitled to possession until final payment of all sums due hereunder is made to the Contractor. In the event Buyer cannot secure a mortgage on or before «.rc4 1$, 1978, this agreement shall become null and void and the earnest money paid herein shall be refunded. Both Contractor and Buyer agree to abide by the determination of the appraiser of the lender involved in the event of disagreement as to compliance or non-compliance with said plans and specifications and said appraiser's determination is to be final. In the event certain items are impossible to complete prior to occupancy and final pay out, an escrow will be left with the lender involved to assure completion of the items. 7. The Buyer shall pay the real estate taxes due in the year 1979 and thereafter. The Contractor agrees to pay all special assessments levied, approved, pending or contracted for on or before tuna of closing. 8. Subject to performance by the Buyer, the Contractor agrees to execute and deliver a warranty Deed conveying marketable title to said premises, subject only to the following exceptions: Building and zoning laws, ordinances, state and federal regulations, restrictions relating to the use or improve- ment of premises not subject to unreleased forfeiture; reservation of any minerals or mineral rights to the State of Minnesota; utility easements. 9. The Contractor shall, within a reasonable time prior to possession date, furnish an abstract of title including proper searches Page 2Fof 3 pages covering bankruptcy, and State and,Federal judgments and liens. The Buyer shall be allowed Ten (10) days after receipt thereof for exami- nation of said title and the u.iaking of any objections thereto, said objections to be made in writing or deemed to be waived. If any ob- jections are so made, the Contractor shall be allowed One Hundred Twenty (120) days to make such title marketable. Pending correction of title, the payments hereunder i.equired shall be postponed, but upon correction of title and within Ten (10) days after written notice, the Buyer shall perform this Agreement according to its terms. The Contractor and Buyer, for themselves, their successors, personal representatives and assigns, hereby agree to the full per- formance of the covenants herein contained. IN WITNESS WHEREOF, the parties hereto affix their hands the day and year first above written. In Presence of: SCHIMER is Th mas Ocel - Buyer Linda Ocel - "uver Page 3 of 3 pages 1 SEA BLOMOUIST MAICO THOMAS EGAN MARK PARRANTO JAMES A SMITH THEODORE WACHTER COUNCIL MEMBERS CITY OF EAGAN 3796 PILOT KNOB ROAD EAGAN. MINNESOTA 58122 PHONE 464.6100 February 13, 1981 MR RONAID H. SWANSON BUSH, SWANSON & CM ATNRNEYS AT TAW 4020 LDS CENTER 80 SOUTH 8TH ST MPLS MN 55402 \p?Kl •?3•. Re: 4505 Ches Mar Drive - Ocel Property Dear Mr. Swanson: THOMAS HEDGES CITY ADMINISTRATOR ALYCE BOLKE CITY CLERK Your letter dated February 12 and hand delivered on February 13th was forwarded to my attention. You have demanded that the City remove the hay bales and stakes and also repair the driveway for the Ocels property. However, you also indicated that no entry will be allowed upon the property except for servicing the storm sewer system. We are not aware of any damage that needs repair on the Ocels driveway. If they are requesting that the driveway be lowered behind the curb, it would create drainage problems to the Ocels detriment. Therefore, the City of Eagan does not feel that it should authorize any of the requests noted in your letter unless the following conditions can be resolved: 1. Written permission is received from the Ooels allowing access across their property to perform such repair work. 2. That the City is held harmless and all liabilities are waived for any future claims by the Ocels against the City pertaining to erosion and/or storm water drainage problems. I hope this letter clarifies the position of the City regarding your demands at this time. Sincerely, A. Colbert, P.E. Director of Public Works TAC/jac cc - Valley View Insurance, 8210 Highwood Drive, Bloomington, Mn 55438, Attn: Mr. Bruce Medvec oft', oa THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. BUSH, SWANSON a CHRISTENSEN DONALD L. BUSH RONALD H. SWANSON G. CRAIG CHRISTENSEN ATTORNEYS AT LAW 4020 1 OS CENTER 80 SOUTH EIGHTH STREET PHONE 333-7127 AREA CODE 612 MINNEAPOLIS, MINNESOTA 55402 February 12, 1981 City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 RE: Property Located at 4505 Ches Mar Drive, Eagan, Minnesota Gentlemen: This letter is notice of the fact that no entry upon my clients, Thomas and Linda Ocel, land is to be made without their specific authorization. Any entry whatsoever for construction of any kind, except servicing the storm sewer and manhole on the Ocels property, by city employees or agents, including others employed by city to repair adjoining property owned by the Jarvis, will be considered a deliberate trespass. Demand is also hereby made for the immediate removal of the bales of straw and stakes placed upon my clients property when repairs were made to the Jarvi's property by parties contracted for by the City of Eagan. The hump created by the City of Eagan at the Ocels driveway onto the street needs immediate repair to prevent further damage to the Ocels cars and those of their guests entering the Ocels property. Yours sincerely, Rona H. Sw cc: Mr. and Mrs. Thomas Ocel D 4a0$ c/ias mar Pa r t0cmL7 Memo Regarding: O'Cell Property Report On Friday, the day before the rain storm, I was looking over the new storm line put in by Fredrickson for the pond on the O'Cell property. I was checking to see how the Jarvis yard was graded; it appeared that he had done a very good job of grading down the ravine. Also at this time I saw that Mr. O'Cell had a bull-dozer pushing mud and dirt in his back yard. They were pushing it away from the house up on the back of the pond toward Ches May Drive and behind the new home at 4511 Ches Mar Drive. The dozer had made a number of passes already and had a 2-3 foot trench the width of the dozer blade, from the house to the foot of the bank of the pond. This also left a bank of dirt and mud about 4 feet high in front of the new manhole inlet from the pond and also in front of his existing culvert. Joe Connolly Foreman, Sewer $ Water Department cc: Bob Rosene, Consulting Engineer Tom Hedges, City Administrator Bill Branch, Public Works Supervisor BUSH, SWANSON & CHRISTENSEN DONALD L. BUSH RONALD H. SWANSON G. CRAIG CHRISTENSEN ATTORNEYS AT LAW 4020 1 O S CENTER 60 SOUTH EIGHTH STREET PHONE 333-7127 AREA CODE 612 MINNEAPOLIS, MINNESOTA 55402 February 12, 1981 City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 RE; Property Located at 4505 Ches Mar Drive, Eagan, Minnesota Gentlemen: This letter is notice of the fact that no entry upon my clients, Thomas and Linda Ocel, land is to be made without their specific authorization. Any entry whatsoever for construction of any kind, except servicing the storm sewer and manhole on the Ocels property, by city employees or agents, including others employed by city to repair adjoining property owned by the Jarvis, will be considered a deliberate trespass. Demand is also hereby made for the immediate removal of the bales of straw and stakes placed upon my clients property when repairs were made to the Jarvi's property by parties contracted for by the City of Eagan. The hump created by the City of Eagan at the Ocels driveway onto the street needs immediate repair to prevent further damage to the Ocels cars and those of their guests entering the Ocels property. Yours sincerely, ROne Kwanson cc: Mr. and Mrs. Thomas Ocel - D a a ?N 3 . a? To JC? Date Time WHILE OU WERE OUT M of Phone 7 a 7 !i? Area Code _ Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Mes ge Operator EFFICIENCY® UNE NO. 2725 AN AMPAD DUCT 60 SHEETS ?ft e d ale 57afla ?p ' 'lyl LANDSCAPING 14901 Cedar Avenue South • Apple Valley, Minn. 55124 • 432-5699 CONTRACT AGREEMENT DATE: CUSTOMER To have the best results for your nursery stock whether lanted b us or lanted b L !" p , p y y the customer. Good planting soil, sufficient water, insect control and proper ADDRESS 51 drainage are necessary for plants to live, also fertilizer as an assurance to proper growth. CITY ;.- ZIP GUARANTEE AND PAYMENT TERMS If planting is done by our nursery, we will resupply once, at no charge, all PHONE BUS. PHONE ever reens trees and shrubs il t NO OTHER PLANTS INCLUDED hi h f g , , , w c a o grow through the first year. Warranty not to exceed price paid. If customer does planting, CUSTOMER'S JOB LOCATION guarantee will be 50%. Proper care must be given plants by the customer as well as prompt payment when DELIVERY INFORMATION your bill is due. All bills will be paid (specified under the terms below) unless other terms have been arranged prior to the commencement of work. BANK REFERENCE The order is accepted according to the above conditions, no other guarantee or warranty of any kind, implied or expressed is assumed. We want your planting to DELIVERED INSTALLED C.O.D CASH succeed, and we will be glad to help you in every way possible, with respect to their . proper care. QUAN. SIZE DESCRIPTION PRICE 1' rJj It !. r 1 f'. ! r % f . ! I t! f1 )?•,. J (J . , )43 ??- All material is guaranteed as specified. All work to be completed in a workmanlike manner TOTAL - - according to standard practices. All agreements, contingent upon weather, or delays beyond bili f W k ' i I Li C TERMS ully covered by or men ompensat on nsurance, ty, etc. our control. We are s a ACCEPTANCE OF ORDER The above prices, specifications and conditions are satisfactory and are hereby accepted. ? 2% Discount - Cash in Advance TAX SALES You ate authorized to do the work as specified. Payment will be made as checked under terms. I understand should I violate the agreed upon terms of payment, you will pursue all ill ll ll i ic l f hi h I f l s ? 25% Deposit - GRAND , .. - ' e to you to secure payment o pay a co ect on ees p u a serv e avenues availab w c w charge of 1 h % per month an the unpaid balance Balance on Completion TOTAL - - ' . k L ? B oan an DEPOSIT Customer's Signature r Char e st VISA M g a e - +leaman's Signature -' +- + BALANCE t ?a1r tpti t v Original Yellow-Work Order Pink-Salesman's Copy Gold-Customer's Copy ` -- 7,?ucelala ?auo _3 LANDSCAPING 14901 Cedar Avenue South • Apple Valley, Minn. 55124 • 432-5699 CONTRACT AGREEMENT DATE: To have the best results for your nursery stock whether planted by us or planted by CUSTOMER , the customer. Good planting soil, sufficient water, insect control and proper drainage are necessary for plants to live, also fertilizer as an assurance to proper ADDRESS growth. GUARANTEE AND PAYMENT TERMS CITY ZIP If is done by our nursery, planting Y ry, we will resupply once, at no charge, all ever reens trees and shrubs hich f NO OTHER PLANTS INCLUDED il t w BUS. PHONE g , , , w a o gro through the first year. Warranty not to exceed price paid. If customer does planting, guarantee will be 50%. CUSTOMER'S JOB LOCATION Proper care must be given plants by the customer as well as prompt payment when your bill is due. All bills will be paid (specified under the terms below) unless other DELIVERY INFORMATION terms have been arranged prior to the commencement of work. The order is accepted according to the above conditions, no other guarantee or BANK REFERENCE warranty of any kind, implied or expressed is assumed. We want your planting to succeed, and we will be glad to help you in every way possible, with respect to their proper care. DELIVERED INSTALLED C.O.D. CASH QUAN. SIZE DESCRIPTION PRICE y J ? L .?Y All material is guaranteed as specified. All work to be completed in a workmanlike manner according to standard practices. All agreements, contingent upon weather, or delays beyond ll k a Li bilit f d b W ' C i I t TERMS TOTAL y, e our control. We are u y covere y or men s ompensat on nsur nce, a c. ACCEPTANCE OF ORDER The above prices, specifications and conditions are satisfactory and are hereby accepted. ? 2% Discount - Cash in Advance SALES TAX You are authorized to do the work as specified. Payment will be made as checked under terms. I understand should I violate the agreed upon terms of payment, you will pursue all avenues available to you to secure payment of which I will pay all collection fees plus a service charge of 1 h % per month on the unpaid balance ? 25% Deposit - Balance on Completion GRAND TOTAL . Customer's Signature ? Bank Loan VISA -Master Charge DEPOSIT Salesman's Signature BALANCE White-Original Yellow-Work Order Pink-Salesman's Copy Gold-Customer's Copy V33 LANDSCAPING 14901 Cedar Avenue South • Apple Valley, Minn. 55124 • 432-5699 CONTRACT AGREEMENT DATE: To have the best results for your nursery stock whether planted by us or planted by CUSTOMER , the customer. Good planting soil, sufficient water, insect control and proper drainage are necessary for plants to live, also fertilizer as an assurance to proper ADDRESS growth. GUARANTEE AND PAYMENT TERMS CITY ZIP If planting is done by our nursery, we will resupply once, at no charge, all evergreens trees and shrubs hi NO OTHER PLANTS INCLUDED h fail to PHONE BUS. PHONE , , grow , w c through the first year. Warranty not to exceed price paid. If customer does planting, guarantee will be 50%. CUSTOMER'S JOB LOCATION Proper care must be given plants by the customer as well as prompt payment when your bill is due. All bills will be paid (specified under the terms below) unless other DELIVERY INFORMATION terms have been arranged prior to the commencement of work. The order is accepted according to the above conditions, no other guarantee or BANK REFERENCE warranty of any kind, implied or expressed is assumed. We want your planting to succeed, and we will be glad to help you in every way possible, with respect to their proper care. DELIVERED INSTALLED C.O.D. CASH QUAN. SIZE DESCRIPTION PRICE All material is guaranteed as specified. All work to be completed in a workmanlike manner according to standard practices. All agreements, contingent upon weather, or delays beyond r Liabilit f ll rk nsatio I a e t l W d b W ' C t TERMS TOTAL our con ro n nsur nc , y, e . e a e u y covere y o men s ompe c. ACCEPTANCE OF ORDER The above prices, specifications and conditions are satisfactory and are hereby accepted. ? 2% Discount - Cash in Advance SALES TAX You are authorized to do the work as specified. Payment will be made as checked under terms. I understand should I violate the agreed upon terms of payment, you will pursue all avenues available to you to secure payment of which I will pay all collection fees plus a service charge of 1 t % per month on the unpaid balance. ? 25% Deposit - Balance on Completion GRAND TOTAL Customers Signature ? Bank Loan VISA - Master Charge DEPOSIT Salesman's Signature BALANCE White-Original Yellow-Work Order Pink-Salesman's Copy Gold-Customer's Copy I P • LANDSCAPING •GARDEN 1 -NURSERY STORES , - APPLE VALLEY JNEHAHA AVE. 432-5593 OLIS, MN 55406 LANDSCAPE DEPT 24-5453 432-5699 STATEMENT YOUR COMPLETE ONE-STOP GARDEN CENTER (SINCE 1956) h?ae,Fatts 1;4&4 •FLORAL • GIFTS City o.: i :+ jul+l 3795 Pilot (uoc1 floc i Hagan, Minnesota 55122 Attus Thomas Aa Colbert PLEASE DETACH AND REMIT TO: 4461 MINNEHAHA AVE. t d :• ;c _ 4 > o• /O BALANCE FORWARD Allll BALANCE GATE REFERENCE DETAIL ? NUMBER CHARGE CREDIT cPfo ??C p 3 s8 7 S 43 lot IIJI n +? ] t aPr 0 In DMLNN t UYUN Mtutirl .t STATEMENT j9C AR - t] The FINA y a don unpaid balance over 30 days old PAY LAST AMOUNT `` on the bll ling ad by a periodic rate of 1.33% per month IN BALANCE COLUMN S t (or a minimum charge of .50 cents on balances of less than $40.00) which is an ANNUAL PERCENTAGE RATE OF 16% applied to the previous balance before deducting credits, payments or adding pur. chases appearing on this statement. Pay promptly, severe delinquency will result in the termination of your account. MINNEHAHA FALLS NURSERY AND GARDEN STORES, INC. 4461 Minnehaha Ave. Minneapolis, Minnesota 55406 ESTIMATE & AGREEMENT DELZER IK. DIVERSIFIED CONTRACTORS ? P 0 BOX 1135. euANSVR.LE. MN 55337 6/17/80 s - 890 9399 f890-0510 DATE. BID We hereby: propose to furnish material and'; ; 454-81 labor to completethe work outlined herein for, - 00 City Of Eagan TO , the sutn of: 3795 Pilot Knob Road ,,See Below clogars Eagan, MN 55121 f$ )Payment to be made as follows: Attn: Tom Colbert Oue•When Invoiced We hereby submit specifications and bid for: Bituminous Patching " Description of job: Resident Location of job: 4501 Chesmar Drive, Eagan, MN Owner: Address: Archt./Engr: Green/Delzer Plans dated: SPECIFICATIONS AS FOLLOWS: Area Yds Sq Depth Type of material to be furnished and installed Tons/Gal/Lbs.,".?' °...Unit ` ` Test,'. . . and/or service to be performed, material to be installed. . Price Mobilization - Patch. Crew, 1,$ach, 75,85 $p75.85 C9 9 20 4" Bit. Mix. Mn/Dot 2341 Patch Tons :- 56 71 .. . Estimated Total $4=33r6-5 This "Estimate & Agreement" and attached forms must be made part and parcel, to any, contract agreement Info which DELZER, INC. may enter. Terms and Conditions applying to "Estimate &'=Agreement" and printed on'reverse side are = -• made part and ?' pa parcel of this Estimate & Agreement" . OFFER: This "Estimate & Agreement" is based on the " ACCEPTANCE: The "Estimate & Agreemtent ,."Terms and Terms and Conditions", Specifications (shown above) and Conditions",:Specifications (shown above)'and'"Attachmenta,. Attachments (if any). This "Estimate & Agreement" is void (If any). are satisfactory, and (I) (We) hereby authorize the 30'days from date shown below unless original is signed by performance of this work as indicated above. an authorized officer or owner and returned to DELZER, INC. a w f v t a: Signed Date (C Signed Date R. J f Cifeen, Sales Mgr. LEO MURPHY MAYOR THOMAS EGAN MARK PARRANTO JAMES A. SMITH CITY OF EAGAN THEODORE WACHTER COUNCIL MEMBERS 3795 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 454-8IOO August 13, 1979 Mr. Thomas Ocel? o&6-z)2_ X505 es a D P Eagan, MN 55123 Dear Mr. Ocel: In official action that was taken by the Eagan City Council at a regular meeting held on Tuesday, August 7, 1979 a proposal, as offered by the Director of Public Works, to install a storm sewer diversion at the intersection of Dunberry Lane and Ches Mar Drive for purposes of directing acertain portion of storm water from Ches Mar Drive into the Thomas Lake drainage basin was approved. THOMAS HEDGES CITY ADMINISTRATOR ALYCE BOLKE CITY CLERK More specifically, a new storm sewer system will be constructed at the intersection as described which will carry the water collected at those catch basins to the well site property west of Ches Mar Drive and south of Cliff Road. According to the Public Works Director, this will, in effect, intercept approximately 60% of the existing drainage area from the existing storm sewer system. The City is planning to proceed with the preparation of plans and specifications and construction of the system in the next several weeks. The City is hopeful that the improved reconstruction of the system will relieve the amount of storm water which consequently flowed over your property in an effort to find the storm water holding pond located directly to the northwest of your property. I will keep you informed as to when construction is to take place. Sincerely, Thomas L. Hedges City Administrator skk I cc: Thomas Colbert, Director of Public Works THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIRE August 13, 1979 AREA CODE 612 TELEPHONE 454-4224 Mr. David Wendell Attorney at Law / f n )v /,$ 510 West 77th Street C? Minneapolis, Minnesota 55435 RE: Thomas Ocel vs. City of Eagan - Home Insurance Company. Dear Mr. Wendell: According to a letter of June 29, 1979, from Home Insurance Company, it has turned over a claim made on behalf of Thomas Ocel against the City of Eagan regarding storm sewer drainage in the Ches Mar Drive area in Eagan. I talked with Don Day in your office several weeks ago about this file and it is my understanding that your office is defending the action on behalf of the City in spite of the fact that there are exemplary and punitive damages claimed as a result of the incident. We do want to be kept abreast of the events in this action and in addition, it is very possible that a second action will be brought by Guy Jarvi against the City of Eagan for damages to their property neighboring the Ocel property on Ches Mar Drive. In any event, the Eagan City Council on August 7th adopted a resolution to attempt to correct future problems regarding the storm drainage system in that area and I am enclosing a copy of the report done by Thomas Colbert, Director of Public Works, dated July 13th laying out three proposed alternates for corrective measures. The City Council adopted alternate 4l1 because the Ocels and Jarvis refused to grant any additional easements across their property and the City will be moving ahead at City cost to install alternate Ill improvements. In addition, the City Council adopted a motion directing me to contact you suggesting that the developer of the Ches Mar Addition, Gabbert Development Company, be notified and perhaps brought in to the action because of its role in the design and layout of the streets and storm drainage system in the subdivision. If you have any questions concerning this issues, please let me know. Very truly yours, Paul H. Hauge PHH:cdg enc. cc:as Hedges --_- - MEMO TO: CITY ATTORNEY HF_UGE AND PUBLIC WORKS DIRECTOR COLBERT FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 19, 1979 SUBJE OCELL PROPERTY'-- REGARDING A DRAINAGE PROBLEM Public Works Director Colbert has prepared background infor- mation and suggested alternatives for the ongoing storm water problems that have occurred on the Jarvi and Ocell property. It was.our opinion at the meeting held on Tuesday, July 17, 1979 that the three of us meet with Thomas Ocell and his attorney to discuss what type of impact reconstruction of the system would have on the damage suit that was filed by Ocell against the City of Eagan. In other words, if the City chooses an alternative and proceeds with reconstruction of the storm sewer system in an effort to alleviate or pro- vide relief to the Jarvi and Ocell property, will the Ocells continue their damage suit against the City of Eagan as a named party. I spoke with Mr. Bill Howard, representing Guy Jarvi, this morning and it was his opinion that if the City should resolve the storm sewer problem by proceeding with reconstruction of the storm sewer system, the Jarvi's would then proceed with a damage suit against the Ocells and developer, Mr. Dave Gabbert. However, Mr. Howard did not rule out the possibility of naming the City--he just never included any indication that the City would be named. I suggest that we meet at an early date next week to make all efforts to resolve the problem with the Ocells and their attorney. If we are not successful, then we proceed with proper documentation through the City Council at the August 7, 1979 Council meeting and then a decision should be made as to how the system can be reconstructed per alternates presented by the Public Works Director City Administrator a ,a y4. aAte,IC. ?Z eaidwlllwq Cmplw"d .2335 V. Tmwwb Jlglwva y 86 St pawl, Minnesota 55118 phone: 6864600 July 12, 1979 Mr. Tom Colbert Public Works Director 3795 Pilot Knob Rd. Eagan, Mn. 55122 Re: Ches Mar 2nd & 3rd Addition Storm Sewer Eagan, Minnesota File No. 49 Dear Tom, Otto G. Bonestroo, P.E. Robert W. Rosen, P.E. Joseph C. Andedik, P.E. Bradford A. Lemberg, P.E. Robert D. Frlgeard, P.E. Richard E. Turner, P.E. James C. Olson, P.E. Lawrence F. Fetdsten, P.E. Glenn R. Cook, P.E. Keith A. Gordon, P.E. Thomas E. Noyes. P.E. Richard W. Foster, P.E. Robert G. Schsmlchs, P.E. Marvin L. Serrate, P.S. Donald C. Burgardt, P.E. Kenneth R. Metster, P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson This letter report supplements the data provided to you previously relative to the storm sewer in Ches Mar 2nd and 3rd Additions, particularly on Ches Mar Drive and that portion of drainage area which drains through the Jarvi & Ocel properties. The enclosed layout map shows the area in question. The drainage area can be divided into two sub-districts. The north area of 4.8 acres includes the drainage down Ches Mar Lane, Oak Ridge Circle and the north portion of Ches Mar Drive. The South area of 6.9 acres includes the water reservoir site, a portion of Dunberry Lane and the south portion of Ches Mar Drive. The north and south areas are separated by a slight rise in Ches Mar Drive. The present storm sewer system contains three catch basins at the intersection of Dunberry Lane on Ches Mar Drive which are connected by a 12" diameter storm sewer to the two catch basins in the north area and the 12" and 15" lines discharging into the pond north of Ches Mar 2nd Addition. The problems with the present system are caused primarily by: 1. The frequent high intensity short duration storms of the past two years. 2. The rapid runoff and erosion from undeveloped lots which bring sand and debris into the lines and onto the catch basins. 3. The very short concentration time of the flow down the streets in the north area due to the relatively steep street grades. 4. The larger drainage area now served as a result of the develop- ment of Ches Mar 3rd and the water reservoir site. Three suggested methods of alleviating these conditions have been investigated: Page 1. Mr. Tom Colbert Eagan, Mn. 55122 Re: File No. 49 July 12, 1979 1. Provide a second storm sewer line with two additional catch basins leading from the north end of Ches Mar Drive into the pond. Route of the pipe would be along the lot line between the Jarvi & Ocel lots and along the other storm sewer where it crosses the Jarvi lot. A new 15" diameter line will provide sufficient capacity to properly handle a full 10 year storm with- out overflow. 2. Divert the south area by installing a new storm sewer extending south from the present catch basins at Dunberry Lane and Ches May Drive to the edge of the well site and west in the well site to the lower land in the well site. The new line could be made capable of handling either a 5 year or a 10 year storm with minor changes in design grade. The present system in the north area would then be capable of handling a 5 year storm and is very close to being able to handle a 10 year storm with the present pipe and catch basins. 3. Install both systems which would provide protection for a 10 year storm at the south end and a 50 year storm protection at the north end. Cost estimates for each system are attached. For the south portion, approximately one-half of the drainage area is within the Ches Mar 2nd and 3rd Additions and the other half is the water reservoir-site. It is suggested that consideration be given to dividing the cost of this diversion equally between the Developer and the City for Plan 2. If Plan 1 is used, it is suggested that a cost division be utilized with the major portion of the cost being shared between the City and the Developer and a minor share representing the increased protection from a 5 year to a 10 year storm shared equally between the Jarvi and Ocel properties. If Plan 3 is adopted, the south diversion could be equally shared between the City and the Developer and the north added system shared equally between the Jarvi and Ocel properties. We will be glad to discuss this further with you at your convenience. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert W. Rosene RWR:1i Page 2. MEMO TO: TOM COLBERT FROM: BOB ROSENE DATE: JULY 7, 1979 SUBJECT: JARVI-OCEL DRAINAGE PROBLEM The following brief summary provides the background of information on the drainage problems that have occurred at the north end of Ches Mar Drive at the Jarvi and Ocel properties. The area occupied by these two lots was first shown as an outlot in early sketch plans. After sanitary sewer was scheduled to be routed thru the area to serve the area south of this outlot, the sketch plan was changed to show two buildable lots. The development plan for the Ches Mar First and Second Additions showed two lots and indicated that the house on the lot now owned by Ocel's would be located on top of the high area of that lot. The house on the Jarvi lot was shown on the higher portion of its lot also. The ystorm water drainage plan was laid out to have an inlet from Ches•`Mar Drive into the natural pond and the intention was to have an overflow outlet out of the natural overflow at the west end of the lot. The design of the storm sewer system was based on handling flow from a 5 year frequency storm in the pipe and an overflow drainage route between the houses for larger storms. The storm sewer system was laid out with anticipation of some drainage from the undeveloped land east of Ches Mar Drive based upon existing topography. Subsequent development of the 3rd thru 5th Additions provided slightly more drainage area from this development. The grading of the Reservoir Site was also planned to minimize problems for the lots to be developed north of it by draining the site essentially west to Ches Mar Drive rather than to the north as part of it naturally would drain. The first major problems with the Ocel site apparently occurred with the initial excavation for the house. The first builder cut the high ground off and sited the house very low. The basement flooded and the builder withdrew. The second builder raised the house somewhat but still provided its walkout to the south at a low elevation and blocked the natural drainage from the pond around the west side of the house. After more flooding of the site occurred, a large culvert was installed by the builder east of the house to provide an outlet for the pond. The culvert discharged on the bank just inside the Ocel north lot line into the draw which crosses the Jarvi lot. Jarvi-Ocel Drainage Problem Memo July 7, 1979 Page Two We were not aware of the home construction nor the drainage problems until the first big rainstorm in August 1978. The Ocel driveway was shaped so that overflow from the street poured down it and into the pond on their lot. Overflow from the pond then poured out the culvert and eroded a large gully across the Jarvi lot. I am not sure if the first big storm flooded the Ocel house or not. After that storm, however, the Jarvi's attorney insisted that the culvert be plugged to avoid the washing damage on the Jarvi property. The Ocel's attorney agreed with this and had them plug it up as soon as an outlet was available for the pond. With the damage which had occurred and with no outlet out of the pond on the Ocel property low enough to protect their house, we prevailed on the developer to install a 15" diameter storm sewer from the inlet manhole at the Ocel pond to the pond north of the Jarvi home. The 15" line was installed with an invert approximately 1' to 2' below the outlet to the Ocel pond so that the 12" line from Ches Mar Drive would discharge directly into the 15" line without flowing into the Ocel pond. The 12" outlet out of the Ocel pond was left in place so that it could drain out after each rain as it received surface runoff from adjacent lots as well as the south half of the Ocel lot. At this time, the Ocels and the Jarvis were encouraged to shape their driveways so that any overflow from the street would pass down the lot line into the north pond without bothering either lot. After the 15" line was in place, the Ocels plugged their culvert. They also did not want the 12" outlet on their property and pro- ceeded to grade the back yard by building a berm across and immediately adjacent to the 12" outlet of their pond. The next big rain overlowed from the street, down the Ocel driveway which had not been reshaped and into their pond. The large berm washed into and plugged the 12" outlet and also filled up the man- hole with sand. I believe the 15" line was plugged by this material also. With the culvert and the storm sewer plugged, the water could only pond to higher elevations and eventually flooded the walkout portion of the Ocel house several feet deep. This portion had just pre- viously been finished with sheet rock partitions and wall surfacing, insulation, finish doors and trim, etc. Jarvi-Ocel Drainage Problem Memo July 7, 1979 Page Three After rising sufficiently high to do this damage, the plug on the culvert washed out and the area drained out across the Jarvi's yard with more erosion. This removed all the black dirt and seeding that had been placed after the storm sewer had been installed. (When the storm sewer was installed, we got Parrott :Construction Company to dig out excess erosion which had washed into the north pond and respread it over the Jarvi back yard at eroded areas, then black dirt was spread over all of it.) After cleaning out the storm sewer and the excess sand in the street that had washed down from the Ches Mar Additions, we again got Parrott Construction Company to regrade and respread black dirt in the Jarvi yard. By this time I think it was too late for seeding and sodding in the Jarvi's yard and they waited until Spring 1979 to do this. Just a few days after they had laid sod over their back and side yard this spring, a large storm again overflowed the road and washed out their sod. By this time, Ocels had reshaped their driveway and the overflow went northwesterly between the houses and not into their pond. The Ocel house was not flooded though they claimed water backed into their pond from the storm sewer outlet. The Jarvi driveway also washed out along the easterly edge as it had not been shaped to minimize the possibility of flooding along it. Again, we provailed upon Parrott Construction Company to provide a crew to relay the Jarvi sod and reshape the driveway. We had them shape a swale across the driveway but it was not made very deep and no berm was provided east of the driveway to force water to cross the driveway. The driveway was raised at the boulevard so that more water would pond in the street before overflowing. By surcharging the catch basins, they would carry more water. Permission was also asked and received from Larry who owns land east of Jarvi to place added fill at the end of Ches Mar Drive on his land. (This boulevard raising and filling at the end had been planned for fall 1978 and the permission had been granted then. Arrange- ments were made with Parrott to do the work. His crew was scheduled in on a Thursday. On Wednesday, the big snow storm hit and knocked out any possibility of doing the work until spring.) Another big storm later this spring overflowed the street, washed out the shrubbery on the Jarvi-Ocel line, tore up sod in the Jarvi yard and overflowed the jarvi driveway causing some erosion along the side again. Jarvi-Ocel Drainage Problem Memo July 7, 1979 Page Four Because of reported big storms for that night, emergency filling of the driveway and the making of a berm east of the driveway. The work was done in a hurry and without proper driveway rock. Both Mr. Jarvi and his neighbor Larry were upset by the job; Mr. Jarvi because of the large rock used in the driveway and Larry because of the berm placed on his property. The next day Bob Shockley replaced the large rock with proper crushed limestone in the drive- way and removed most of the berm on Larry's land. There are a number of other details and happenings which provide additional information on this problem. We should discuss it further with the Building Inspection and Public Works Departments and our personnel for their input. Exact dates of storms and of corrective measures can be obtained with a little research. Throughout all of the problems, we have tried to minimize the problems to the property owners, realizing that storms over a 5 year frequency will overflow through the yards. Unfortunately we have had entirely too many such storms in the last 2 years. These together with the erosion and debris from the adjacent development, the unwise siting of the Ocel house, the unfortunate site grading and the construction problems at the Ocel house have all added up to an intolerable situation. The two alternative supplementary storm sewer plans outlined to you should be given careful consideration. The north route with added catch basin capacity in Ches Mar Drive and an additional 15" line to the pond is most positive. The division line to the south would remove a significant portion of the drainage area and is not expected to create a problem on the Well Site property. However, it would still be possible to overflow the north end of Ches Mar Drive in a big storm due to the steep street grades and short times of concentration. I will appreciate the opportunity of discussing this problem further with you at your convenience. OCEL VS. CITY OF EAGAN GABBERT DEVELOPMENT INTERROGATORY RESPONSE INTERROGATORIES 1. A response as it pertains to the illegality of any act per- formed by Gabbert Development should be responded to by City Attorney's office. It is my understanding that Gabbert Development, Inc., during their platting of the Ches Mar 1st Addition, created Lot 8, Block 2, which with its existing topography did not provide for a positive storm water outlet from the existing drainage basin located on the south side of this lot. There were no recommendations made to the City by Gabbert Development as to how this drainage could be handled during the development of this lot. In addition, there were no restrictive easements dedicated as a part of the Ches Mar 1st Addition plat to pro- hibit any physical construction within this low drainage area. 3. See No. 2. 4. a. Robert W. Rosene, Consulting Engineer, of Bonestroo, Rosene, Anderlik and Associates, Roseville, MN 636-4600. b. Certain facts pertaining to the grading and drainage plan submitted with the Chps Mar 1st Addition final plat process. C. Mark Hurd aerial map and contours flown in 1963; final plat of Ches Mar 1st Addition; grading and drainage plan provided by Gabbert Development, Inc. d. See supplemental list "Exhibit A". Dale Peterson, Chief Building Official, City of Eagan Information pertaining to issuance of building permit and subsequent inspection of building construction. Bob Rosene, Consulting Engineer, Bonestroo, Rosene, Anderlik & Associates - Information pertaining to review of preliminary and final plat, grading and drainage plans and design/con- struction of storm sewer drainage. 6. a. See No. 5 above b. Paul Hauge, City Attorney 7. a. Bob Rosene - Grading & drainage aspects of Ches Mar 1st Addition and Lot 8, Block 2, in particular. - Requirements of proper lot development to eliminate potential drainage problems. - Corrective action proposed and taken before and after drainage problem. Interrogatories Response Page Two Dale Peterson - Impact of drainage problem on dwelling unit under construction and normal building practices pertaining to maintaining drainage. b. To be determined. c. Working & plan review relationships & recollection of past events. d. No formal reports available to my knowledge. For other . information, see No. 8. 8. See attached "Exhibit A" 9. Bonestroo, Rosene, Anderlik & Associates is a consulting engineering firm retained by the City of Eagan by contract authorized and approved by Council action. 10. There is no relationship between the City of Eagan and Schimek Construction, Inc., other than the fact that Schimek Con- struction was a builder within the corporate limits of the .City. 11. Several consultations were held between the City's consultant and the Ocel's in response to their drainage problems. No. correspondence is available. 12. See attached "Exhibit A" 13. See attached "Exhibit A". 14. See attached "Exhibit A". 15. None known of at present. 16. See attached "Exhibit B". 17. The City has none available. 18. To b e supplie d by attorneys. 19. a. Gabbert Development petitioned the City for plat approval together with utility installation. Site grading and street construction were performed by Gabbert Development, Inc. b. See No. 7. Interrogatories Response Page Three c. See No. 7. d. See attached "Exhibit A". e. See No. 19.a. 20. The City has accepted only those improvements completed by Gabbert Development, Inc., with the appropriate guarantees on workmanship and materials. 21. a. Street base and surfacing, concrete curb & gutter, sanitary sewer, watermain and storm sewer. b. Informal acceptance by maintenance performance c. N/A 22. Response by Bob Rosene 23. Response by Attorney 24. See attached "Exhibit A" and No. 7 and also Thomas A. Colbert, Director of Public Works. EXHIBIT A 1. 2. 3. 4. 5. 6. 7. 8. 9. 3-31-76: Letter from Robert Rosene to Soil Conservation Service re silt control 6-29-78: Letter from Robert Rosene to Ron Swanson (attorney) re site drainage plan 8-19-78: Letter from Bradley Smith (City Attorney's office) to Thomas Hedges re Ocel-Jarvi drainage problem Memo from Dale Peterson to Thomas Hedges re Ocel-Jarvi water problem 9-11-78: Letter from Ronald Swanson to City of Eagan re claim 11-10-78: Letter from Bradley Smith to Home Insurance Company re Ocel claim against the Cityof Eagan 6-20-79: Summons received 6-25-79: Letter from Valley View Insurance Company to City of Eagan re Summons 6-29-79: Letter from Home Insurance Company to City of Eagan re Summons 10. 7-7-79: Memo from Robert Rosene to Tom Colbert re Jarvi-Ocel drainage problem 11. Memo from Joe Connolly re Ocel property report 12. 7-12-79: Letter from Robert Rosene to Tom Colbert re Ches Mar storm sewer - 13. 7-12-79: Ches Mar 2nd & 3rd storm sewer & Jarvi-Ocel Drainage reports 14. 7-19-79: Memo from Tom Hedges to Paul Hauge and Tom Colbert re Ocel property drainage problem 15. 8-13-79: Letter from Paul Hauge to David Wendell (attorney) re Thomas Ocel vs. City of Eagan 16. 8-13-79: Letter from Thomas Hedges to Thomas Ocel re storm sewer installation 17. 2-12-81: Letter from Ronald Swanson to City of Eagan re Ocel land entry 18. 2-13-81: Letter from Thomas Colbert to Ronald Swanson re Ocel property 19. 3-23-81: Letter from Thomas Colbert to Ronald Swanson re Ocel property i R .. I ; Cosy-_EsZ(! f57ES ----- ?!y '_ I Jew ??,;,P fu,r, -?c?s?.s?ll_s?_ 'Boo = Boo - /Goo S9 fL- 52J #1.n.- - /Se-o - 3o 7o '? n r?r. f ?+« ?? 1$ 0 4520 /4; : n 5-", Zo L,N 94. 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L2dC,t?a /69[ - M"??--a. 2325- s 1631• sow a 1 / ` .n c 41f 41, t J tni to ?d c t' p e / ? v lid h.lv?f _Lc?_t-udaJ 6 U ?g6 zs- /4 rJL1 SZe lj•ery! 1 MEMO TO: CITY ATTORNEY HFUGE AND PUBLIC WORKS DIRECTOR COLBERT FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 19, 1979 SUBJE OCELL PROPER -- REGARDING A DRAINAGE PROBLEM Public Works Director Colbert has prepared background infor- mation and suggested alternatives for the ongoing storm water problems that have occurred on the Jarvi and Ocell property. It was our opinion at the meeting held on Tuesday, July 17, 1979 that the three of us meet with Thomas Ocell and his attorney to discuss what type of impact reconstruction of the system would have on the damage suit that was filed by Ocell against the City of Eagan. In other words, if the City chooses an alternative and proceeds with reconstruction of the storm sewer system in an effort to alleviate or pro- vide relief to the Jarvi and Ocell property, will the Ocells continue their damage suit against the City of Eagan as a named party. I spoke with Mr. Bill Howard, representing Guy Jarvi, this morning and it was his opinion that if the City should resolve the storm sewer problem by proceeding with reconstruction of the storm sewer system, the Jarvi's would then proceed with a damage suit against the Ocells and developer, Mr. Dave Gabbert. However, Mr. Howard did not rule out the possibility of naming the City--he just never included any indication that the City would be named. I suggest that we meet at an early date next week to make all efforts to resolve the problem with the Ocells and their attorney. If we are not successful, then we proceed with proper documentation through the City Council at the August 7, 1979 Council meeting and then a decision should be made as to how the system can be reconstructed per alternates presented by the Public Works Director City Administrator EXHIBIT B PICTURES ities Digi ity Control The following image represents the best available image from the original page. Every effort was made to capture the content from the original page. ti 73 I`L?-7 L7- GamO m*.r 4"-I; ? rMzv;S Miij I pL 3'2.7-19 1-7 1-0-71 8-Z)--)P' Ch,4 S hAiC p Q NEAit CLIFF o c ? 4z I Pl•ofo3 -fa•keft p'- z(p-PI to T.A• Ce. s Re6 to irN lei ens OCEL O)w OW+Whab 9G/cL 1ticK P St 'Rao URA?u?(?6 Ye Notut? liar= f\t c- ncc.nant_. STORM SEWt? O C-&L P2o PS/zry r ,eL4 , St_. /1 n i i ,_ n n ' G V V 4 z I AMY{AMV p qA-.r 4 n L l tr VV 5 WAU IX( Q- Z?Ild Ll R t M i b Q]±IfJL li?l._ ..... y r. /) O t U n L e 9- C 4 ii OQ G. t b O eZ4 /J I L wS.__. $?4 .1) A n a, 6 7, 9 9, C / e C I g y-- , v V s • /D I I - vu J - I e,,xd? --- - - - --- -- ----- e12-, F 7- _ >y M.wo Bah Rcsnma t - Z,o? +? aLbty4 reL pppppp? - --- - ----- THE HOME INSURANCE COMPANY CERTIFIED 4510 WEST 77 STREET • MINNEAPOLIS, MINNESOTA 55 RETURN RECEIPT TELEPHONE 612 831.8500 REQUESTED r June 29, 1979 ??? ?r9jr: ?' City of Eagan 3795 Polot Knob Road Eagan, Mn. 55122 E Gentlemen: t`Apference is made to: a. our claim number:. 351-L-635887 b. Insured: City of Eagan c. Claimant: Thomas Ocel d. Date of occurrence: 8/26/78 We acknowledge receipt of the summons and complaint in the matter of Thomas Ocel and Linda Ocel plaintiff vs. City of Eagan instituted in the District Court of Dakota County, State of Minnesota arising out of a accident alleged to have occurred on 8/26/78. At this time we call your attention to the fact that the plaintiff seeks damages of $500,000. Even though your insurance policy affords coverage in the amount of $500,000 single limits, the amount demanded may exceed your policy coverage because we have a companion suit entitled Anthony Caponi plaintiff vs; City of Eagan defendent, instituted in Dakota County District Court, State of Minnesota where the prayer for damages is $60,000. Combining the two law suits arising out of the same occurrence the prayer for damages exceed your policy of insurance. We also wish to inform you that the plaintiff seeks $300,000 in exemptlinary and punitive damages as a result of this incidence. Please be advised that your policy identified by policy #IST8462895-52068 does not afford coverage for punitive damages. Please also be advised that Minnesota Statutes do not allow for punitive damages against the minicipality and we will instruct our attorney, David Wendell to try. to move to have these damages stricken from this suit. We do however, wish to inform you that it is your. right and privilege to engage counsel at your own expense to protect your uninsured interest in this litigation. If you so elect your attorney should communicate with Dave Wendell 4510 West 77th Street, Mpls, Mn. who has been engaged to appear in this law suit on your behalf and to defend your interest therein. THE HOME OF INSURANCE • ORGANIZED 1853 City of Eagan June 29, 1979 Page 2 If you have coverage to you under any other insurance policy, it is suggested that you report this matter to such other companies so as not to invalidate such additional protection. Please advise us if you take such action. Very truly yours, Charles Ralph, Claim Superintendent CR/js cc: Valley View Inc. 2811 Highway 55 St. Paul, MN. 55121 cc; David Wendell 4510 W. 77th St. Mpls, MN. 55435 LEO MURPHY ..,on THOMAS EGAN MARK PARRANTO JAMES A. SMITH THEODORE WACHTER COUNCIL MEMBERS fi. 'v I CITY OF EAGAN 379E PILOT KNOB ROAD EAGAN. MINNESOTA 15122 PHONE 454-9100 June 20, 1979 Mr. Bruce Medvec Valley View, Inc. 8210 Highland Dr. Bloomington, Mn 55438 RE: Thomas and Linda Ocel va City of Eagan Dear Bruce: Enclosed for your attention is a copy of the summons referenced above which has been served upon the City of Eagan today. Please acknowledge receipt of the summons and request that the insurance carrier forward a letter to my attention indicating receipt of the summons and acknowledging that they will defend on behalf of the City. Your prompt attention will be greatly appreciated. Sincerely yours, (Mrs.) Alyce Bolke City Clerk AB:jh cc: P. Hauge THOMAS HEDGES CITY ADMINISTRATOR ALYCE BOLKE CITY CLERK THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. TO: FROM: City of Eagan ATTN: Alyce Bolke 3795 Pilot Knob Road Eagan, MN 55122 L REGARDING: Summons - Thomas and Linda Ocel Alyce: Valley View, Inc. Shirley Drill - Claim Department 8210 Highwood Drive Bloomington, MN 55438 Per your request, this is to acknowledge the receipt of the summons on the above captioned individuals in our office today. I have forwarded the summons to the Home Insurance Company and requested that they acknowledge to you the receipt of the summons and the defense. Should you have any questions regarding this, please give our office a call at 944-7272. Thank you. Shirley rill Claim Department ?N owo I O'CELL VS. CITY OF EAGAN GABBER' DEVELOPMEN INTERROGATORY RESPONSE INTERR7GA7-'ORIES 1. A response as it pertains to the illegality of any act performed by Gabbert Development should be responded to by City Attorney's office. 2. It is my un erstanding that Gabbert Development Inc., during their (I-...? platting of the Ches Mar 1st Addition, created Lot 8, Block 2, which with its existing topography did not provide for a positive storm water outlet from the existing drainage basin located on the southside of this lot. There were no recoimiendations made to the City by Gabbert Development as to haw this drainage could be handled during the devel- opment of this lot. In addition, there was no restrictive easements dedicated as a part of the Ches Mar 1st Addition plat to prohibit f-ran physical construction within this low drainage area. 3. See No. 2 4. A. Robert W. Rosen, Consulting Engineer of Bonestroo, Rosene, Ander- lik and Associates, Roseville, Mn. 636-4600. B. Certain facts pertaining to the grading and drainage plan sub- mitted with the Ches Mar 1st Addition final plat process. C. Mark Hurd aerial map and contours flown in 1963; final plat of Ches Mar 1st Addition; grading and drainage plan provided by Gabbert Development Inc. 4 d. S? sa Dale ._? PEA,.! i4 , r G fv cl Lot 8, (Sx Gt oZ J 0 ti?cw r I To P,? dcX? i wr ?c El ?? p -s c / A C) Lv o- ?c w? ? ?Q c .?a? u ?r e o w1. ?s f e a , R Q i o a C f° ?q v ep ?. .t ?? nf1?a . ?d ILy 70- Lai eel C? c Q1w 4 CArO a- ,? Wes.,, c .?. Z f4 (1 r3. (,y (, /b To. LI A ( /? tt w s - e C a e-6-cJ Qac d). S, = z ) &_ez p _ yet L?,y ? ?? a !, w J s +,Ji 6 S ?_,p_ •,;...(? ,. ?f,--?.?.. t, ?1??....C- P` UM.(.,.? S °"`?`?t?.a? S.Q.,,.,r[,? N%A- 4, Ad ',V - 7 P 7y4 J Gas,,0 P? ?v . C LEO MURPHY ?w. MAYOR THOMAS EGAN MARK PARRANTO JAMES A. SMITH THEODORE WACHTER C OIINCIL MEMBERS CITY OF EAGAN 3798 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 454,8100 June 25, 1979 ?- txn O'Cel 5r,?c Ches Mar Drive Eag , MN 55122 Dear Mr. O'Cell: TX I State statutes require a miniuman of a four (4) foot high fence with self closing, self latching gates or an approved equivalent around swimming pools. You will note that your pool permit reads "pool and fence". THOMAS HEDGES CITY ADMINISTRATOR ALYCE BOLKE CITY CLERK Please install said fence either tenoraxy or permanent before an accident, which we would all regret, occurs. Sincerely, Dale S. Peterson Building Inspector DSP:tlp THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. TO: City /of (Eagan A]*I-NiAlyce Bolke 3795jPilot Knob Road Eagan, MN 55122 FROM: Valley View, Inc. Shirley Drill - Claim Department 8210 Highwood Drive Bloomington, MN 55438 REGARDING: Summons - Thomas and Linda Ocel DATE: 6-25-79 Alyce: Per your request, this is to acknowledge the receipt of the summons on the above captioned individuals in our office today. I have forwarded the summons to the Home Insurance Company and requested that they acknowledge to you the receipt of the summons and the defense. Should you have any questions regarding this, please give our office a call at 944-7272. Thank you. Shirley r-ill Claim Department ?N v THE HON'ME INSURANCE COMPANY CERTIFIED 4510 WEST 77 STREET • MINNEAPOLIS. MINNESOTA 55 19 , RETURN RECEIPT TELEPHONE 612 831-8500 rte' REQUESTED June 29, 1979 A ?U( cp 2 Igj9 City of Eagan mn 3795 Polot Knob Road Eagan, Mn. 55122 Gentlemen: tference is made to: a. our claim number: 351-L-635887 b. Insured: - - City of Eagan c. Claimant: Thomas Ocel d. Date of occurrence: 8/26/78 We acknowledge receipt of the summons and complaint in the .matter of Thomas Ocel and Linda Ocel plaintiff vs. City V of Eagan instituted in the District Court of Dakota County, State of Minnesota arising out of a accident alleged to have occurred on 8/26/78. At this time we call your attention to the fact that the plaintiff seeks damages of $500,000. Even though your insurance policy affords coverage in the amount of $500,000 single limits, the / p amount demanded may exceed your policy coverage because we have a companion suit entitled Anthony Caponi plaintiff vs; City of Eagan defendent, instituted in Dakota County District Court, State of Minnesota where the prayer for damages is $60,000. Combining the two law suits arising out of the same occurrence the prayer for damages exceed your policy of insurance. We also wish to inform you that the plaintiff seeks $300,000 in exemptlinary and punitive damages as a result of this incidence. Please be advised that your policy identified by policy #IST8462895-52068 does not afford coverage for punitive damages. Please also be advised that Minnesota Statutes do not allow for punitive damages against the minicipality and we will instruct our attorney, David Wendell to try to move to have these damages stricken from this suit. We do however, wish to inform you that it is your right and privilege to engage counsel at your own expense to protect your uninsured interest in this litigation. If you so elect your attorney should communicate with Dave Wendell 4510 West 77th Street, Mpls, Mn. who has been engaged to appear in this law suit on your behalf and to defend your interest therein. THE HOME OE INSURANCE 0 RG A N I Z E 0 1653 City of Eagan June 29, 1979 Page 2 If you have coverage to you under any other insurance policy, it is suggested that you report this matter to such other companies so as not to invalidate such additional protection. Please advise us if you take such action. Very truly yours, ?' C-t-i, &, , ??_ Charles Ralph, Claim Superintendent CR/js cc: Valley View Inc. 2811 Highway 55 St. Paul, M. 55121 cc;--David Wendell 4510 W. 77th St. Mpls, MN. 55435 CITY' OF EAGAN 3795 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 TOE- // - FROM DATE ?-- h 7% TIME 3'S- TRANSMITTAL ACTION For Your Information Review and See Me For Your Approval Investigate and Report Prepare Reply for My Signature As You Requested For Signature As we Discussed Reply and Send Me a Copy Initiate Action STATE OF MINNESOTA COUNTY OF DAKOTA THOMAS OCEL and LINDA A. OCEL, husband and wife, Plaintiffs, vs. ( *1 e"S CITY OF EAGAN, Defendant. DISTRICT COURT 0 FIRST JUDICIAL DISTRICT Court File No. S U M M O N S THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon Plaintiffs' attorneys an answer to the Complaint which is hereby served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. R nald H. Swanson For BUSH, BRUNELLE & SWANSON Attorneys for Plaintiff 4020 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 Telephone: 612-333-7127 k STATE OF MINNESOTA COUNTY OF DAKOTA THOMAS OCEL and LINDA A. OCEL, husband and wife, Plaintiffs, vs. C 0 M P L A I N T CITY OF EAGAN, Defendant. Plaintiffs for their cause of action against the above named Defendant allege as follows: I. Plaintiffs own and occupy a house and lot known as 4505 Ches Mar Drive, Eagan, Minnesota, more particularly described as follows: Lot 6, Block 2, Ches Mar First Addition, according to the recorded plat thereof, Dakota County, State of Minnesota. II. Defendant is a municipal corporation in such County and State, duly organized and existing under the laws of such State. III. Defendant, acting through its agents and employees, con- structed a storm sewer system for the purpose of collecting surface water runoff from Ches Mar First Addition and other lands within the City of Eagan, State of Minnesota. IV. Aforesaid storm sewer system was not constructed to adequately discharge aforesaid surface waters. V. Aforesaid storm sewer system has not functioned adequately to discharge aforesaid surface water and has caused great damage to Plaintiffs' property and home by improperly causing surface waters to DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No. be discharged onto Plaintiffs' property. VI. As a direct result of such discharges and flooding, Plaintiffs have been greatly damaged. VII. By causing such discharges and flooding, Defendant has caused damage to Plaintiffs' property in the sum of Two Hundred Thousand Dollars ($200,000.00). Plaintiffs have demanded that Defendant compensate Plaintiffs for such damages and instal.] adequate storm drainage facilities to prevent such improper discharges and flooding, but Defendant has refused to pay such compensation and to correct the drainage problem created by Defendant's existing storm drainage system. VIII. That in doing all the things herein alleged, Defendant acted maliciously and was guilty of a wanton disregard of the rights of the Plaintiffs and by reason thereof Plaintiffs demand exemplary and punitive damages against the Defendant in the sum of Three Hundred Thousand Dollars ($300,000.00). IX. By continuing to maintain the present storm sewer-system without adequate facilities for drainage of surface waters, Defendant is committing a continuing wrong against Plaintiffs, for which Plaintiffs have no adequate remedy at law. WHEREFORE, the Plaintiffs demand judgment against Defendant in the sum of Five Hundred Thousand Dollars ($500,000.00), a mandatory injunction ordering Defendant to provide adequate storm drainage facilities to protect Plaintiffs' property against injury from surface water runoff, together with attorneys' fees, interest and costs. f1? Ronald R. Swanson For BUSH, BRUNELLE & SWANSON Attorneys for Plaintiffs 4020 IDS Center 80 South 8th Street Minneapolis, Minnesota] 55402 Telephone: 333-7127 - 2 - PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAULI, MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH November 10, 1978 Mr. Clint Gillespie THE HOME INSURANCE COMPANY 4510 West 77th Street Edina, MN 55435 RE: Ocel claim against the City of Eagan Dear Clint: 4505 cues err Cr1 ?c P- A cmr AREA CODE 612 TELEPHONE 454-4224 I am very sorry for getting this material to you a day late. I was hoping to get this to you yesterday, but a number of things came up that prevented me from getting everything together. I am enclosing copies of all documents and letters that I have concerning this problem, and the rest of this letter will attempt to summarize the information that I have available and to dis- cuss some of the legal questions involved. I tried not to go too deeply in- to the law as I expect you prefer to do this on your own. However, I felt that a general discussion on the law might be helpful to you in deciding how to go. From what I have,it is difficult to say exactly when the first portion of the storm sewer, the portion leading into the iow area on the Ocei prupevLy, was installed; but it does appear that the storm sewer for Ches Mar One and Two was installed during the summer of 1976. According to the County Re- corder's office, the Ocel property was owned by Arnold Carlson prior to February 10, 1978. On that date, Carlson sold the property to Cabbert and on that same date Gabbert resold the property to Schimek Construction, Inc. Schimek is still the record owner, but the Ocels signed a purchase agree- ment with Schimek sometime before August 4th, which is the date that our office received the papers from Bob Rosene's office for the drafting of the easements. Keith Gordon of Bob Rosene's office told me about a week ago that Gabbert had copies of the plans for the storm sewer, but Keith is not sure that Gabbert was aware of the placement of the storm sewer, and the only way to really track this down would he to talk to Keith Gordon. The chances are, however, that the Ocels signed their purchase agreement with Schimek after the first leg of the storm sewer was installed. On August 4th, our office received a proposed easement from Bob Rosene's office. The easement covered both the portion of the storm sewer already in place and the new portion which would extend from the low area in the Ocels property to the lake behind the Jarvi property. The easements were drafted that day and put in the mail. to Dwayne Schimek and Ronald Swanson, the attorney for the Ocels, and a copy was left at the Jarvi house that evening. Mrs. Jarvi assured me by phone on that day that they would bring the signed easement into our office on Monday. She was primarily concerned about making sure that the gulley would be filled in and that the culvert on the Ocel property would come out. ;On the 9th of August, the pipe was 1,7 I Mr. Clint Gillespie November 10, 1978 Page 4. As far as the negligence claim is concerned, if it is true that the torren- tial rains that we had this summer were unforeseeable, then that would act as a good defense against the City's negligence. The willful and wanton misconduct claim is probably going to be impossible for them to prove. It is going to be the burden of the Ocels to prove all of these claims and the City only has the responsibility of responding to their proof. The trespass claim is going to be very difficult to defend against and perhaps statements should be obtained from all of the parties involved, including Carlson, Cabbert, and Keith Gordon in order to find out where we stand on this. I do not want to completely discount the negligence action since it is possible that there would have been damage to the Ocel house even if the rains were not torrential. This is also something that Keith Gordon might he able to help you on. I hope that this summary is helpful to you I know that you have been swamped with information from all sides and I have tried to keep this from getting too lengthy. If there is anything else that I can help you with, by all means give me a call. Very truly yours, PAUL H. HAUGE & ASSOCIATES, F.A. Bradley Smith BS: me cc: Thomas Hedges CITY OF EAGAN 3795 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 TO 7'ni FROM .LFZ.i DATE /i 2/7 y? TIME TRANSMITTAL ACTION For Your Information Review and See Me - For Your Approval Investigate and Report Prepare Reply for My Signature As You Requested For Signature As we Discussed Reply and Send Me a Copy Initiate Action ©? '°Cc ?Q? ) I t t?1 g /ivTa¢ G0 nini.J1 I t1 I I iI n 4, 0 k4l t. u Cr-?L ?oovrlv THE INDOSTRY'S MOST COMPLETE LINE OF PRODUCTS FOR WATER, SEWAGE & CONSTRUCTION PIPING f _ -`T<<,-,tea BUSH, BRUNELLE SWANSON ATTORNEYS AT LAW DONALD L. BUSH PHONE 333-]I2> JOHN 0. BRUNELLE 4020 105 CENTER AREA CODE 812 RONALD H.SWAN 50N 80 SOUTH EIGHTH STREET PETER G. CHRH G. CRAIG CHRISTENSEN MINNEAPOLIS, MINNESOTA 55402 September 11,..1978 City of Eagan 3795 Pilot Knob Road Eagan, Minnesota Gentlemen: Notice is hereby given Thomas Ocel and Linda Ocel, known as 4505 Ches Mar Dr' as: o Block es Ma of a claim against e city of them on June 25, 1978, A damages being as follows: by the undersigned as attorney for owners, under contract, of the property t& an, Minne ta, legally described st A ition Dakota County, Minnesota, for damages sustained by them and each igust 26, 1978 and August 27, 1978, said 1. Damages sustained to building under construction on afore- described property. 2. Damages sustained to aforedescribed property. These damages aforementioned occurred by reason of improper diversion of storm drainage waters and debris by City of Eagan's agents unto the aforedescribed property. The exact amount of total damages are not ascertainable with specificity at this time but are estimated not to exceed $200,000.00. This notice is being given in accordance with Minnesota Statutes Annotated 466.05. Very truly yours, ason RHS: jmk t1 PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH August 19, 1978 AREA CODE 612 TELEPHONE 454-4224 Mr. Thomas Hedges Eagan City Administrator Eagan City Hall 3795 Pilot Knob Road Eagan, MN 55122 Re: Ocel-Jarvi drainage problems Dear Mr. Hedges: This letter is for the purpose of summarizing the present situation of storm drainage problems at the Ocel and Jarvi homes in/Ches Mar Addition.) The Ocel and Jarvi homes are newly-built homes at the north end of Ches Mar Drive. Both homes are below street level and have had severe problems with erosion and flooded basements this summer. To help alleviate the problems the developer recently installed a sewer extension through both properties, with City cooperation. Before the sewer extension was added, the Ocels had used a culvert to drain a low area on their property. The drainage from the culvert crossed the Jarvi property to a pond behind the Jarvi house and caused sever erosion. Because of the severe rainfalls, .the added storm sewer was unable to handle all drainage, and the old culvert on the Ocel land, which was closed by the Ocels at the request of City Engineer Rosene, opened up again and flooded the Jarvi property. The attorney for the Jarvis has threatened to bring a lawsuit to have the culvert removed. This attorney argues that the City is responsible because it allowed the Ocel house to be built and because the storm drainage system is insufficient to handle all the runoff. With certain improvements suggested by Mr. Rosene, City responsibility for any problems should be minimized, but potential for involvement in a lawsuit remains if the culvert is not removed. It will be hard for the City to order the Ocels to remove the culvert, but it might help to write the Ocels and let them know that if the culvert remains, the City will not be responsible for any resulting legal actions. Mr. Rosene will bring this up at the Council meeting tonight, and he will be able to fill you in on the details. Very truly yours, Bradley Smith WILDERNESS RUN FIRST ADDITION t° a {" 1 1-\1 1 ?i i ?I 0Q0 oo ? S 8 9 0 491 5 41,E 0 p 0 C_ south O EAST LINE LOT 8, BLOCK I -•- 637.19 --- N g cuo r WILDERNESS RUN FIRST ADDITION Of 1119 O: z it; 8 a dis 6 . •-- 253.97 --• ? •.. 30;.130 rn 323.22 more co R 4+4°3342• o rT p ?•.z°3r1s" g - South I S. 33s. ?: S :;aar 12 56 see, 5.00:r89°49140.00 - _t R I_ 18.81 N9°4954" 0 SW of 142 54''E ?o ° rn - 0 0 1 zz5A0 -- p ,r v l 8 %)t a disc 0 C? 0) '6 0 0 m /c 8 10 ° 0° 109 sect 2 ri Q 47 min Z N 1 ° J ° Nl North I 65.92 - 139.41 ?0 a feet t1 : W '- S89°49'54"E-zoa33-- g m 132.36 1W 000 30 t loaoo Rave as ev the Cit OUTLOT C 08 3 In wit 6 N ' Jli ?j, v' 185 8 S •jL R:? i1D° k7 o O ° w34°I5 1p ° ° 8 8 y N oo _ 4.? L.3roo6 ld1r\9g2 vr"ly In wit r-° 8 I1II r 4oz?'+' A. eon In wit c POND + hands , A Ir r g 8 ? as59 Ig.S p\IZI/. If _ wl 56 '?' 11 ?ti '?1{ ^r WATER ELEVATION MARCH,] 6 W In wit >q3 O °? of m.? z ? 906.4 FEET (NG.V•D.-1929 48A oorpor7 ? 94,98 ?* _ ?s •k ?VI° .9 0°s1'S2" 4C 1 ry/O ?s. SEE DETAIL A 'J ?3E Ln= 241.2M3°°r4Ss OS 242.00 W W N88°31'16"W AC. N890 49 54'" W ;, 121.55 _ W NS V c N $ 7 4 OO 1-1 \ 1?.1° ?111.ITY FOE" E 1/ OO 4 1 f* ° C ry 6 K?; z a ° I Davi I David o z go p qq NM Z O \3 I 7 .r59'o9' pA°C? 4 g6g 53l" ?Ngga`??°.. z I ??, + 0 State A -?25 OS' p3, / 100.00 2M9048.04"0'' 1?' i ` Y \ s UTI TY EXstNENT 0 Count? x.14°49'39 I °.p3E .. v o V \4\1 / 1V ?I49i7 .....1.••1 100.00 ...` o,210° -o 0 12 / '?Yg o ;E N.3».39 to N87°61?51 W, 219 92 n! •J Ai N1 etate 178,74 N ?'Ib County Do_ ss0 3312 5° 1 14- O ?.???6y NS7°I6'51"W 1 =3m ?? \ dA . yr 1 Yy iO ,I M o I ,fib ' a 8 k, `?,r? E%CEPTIO so S " N > 6 01W o 16 °o 60.0• 0 INS 1p O z 0 205.80 I = 1 4 3 . 130.00 30 q 30 i0 205.8o... I 5 5e W 90.00 N07016'51" 3 • r ° 07 ? N N870-16'51"W O /,PEP + 0 9 7 ° N a to Nej `1 ? N O -. - ?- - i $-, O O I N 8{ 160.00 140.00 r 3 U) Z ... 300.00-.- 89°472611 W 5 I .0 d` P O j O I z t //?? //11 ` ?laaad?', Rodene, 4adaI4 4 & fYaociatP,1,, Sc. ea "aW9 Cnylneead .2335 W. %aunh eJlghway 36 St /)ant, Minnesota 551f3 phone: 636-4600 June 29, 1978 Air.. Ron Swanson, Atty. 4020 IDS Center Minneapolis, Hn. 55402 Re: Ghee -Na _far ?ldditioa wag n , Minnesota File No. 49 Dear Sir: Otto G. Bonestroo, P.F. Robert TV. Rosene, P.E. Joseph C. Andertik, P.E. Bradford A. Lemberg. P.E. Robert D. Frigaard. P.E. Richard F. Turner, P.E. James G. Olson. P.E. r )aeJl ?eo patz Iti? ) Lawrence F. Feidsien, P.E. Glenn It Cook, P.E. Keith A. Gordon, P.E. Thomas E. Noyes, P.E. Richard W. Faster, P.E. Robert G. Schunlcht, F.E. Marvin L. Sorvala. P.E. Donald C. Burgardi, P.E. Kenneth R. Meister, P.E. Charles A. Erickson Leo M. Pawelsky Mohan M. Olson In accordance with your request, we are transmitting herewith one copy of a portion of the site drainage plan for this Addition as it relates to ?lots7 and?8_of_Biock 2.1 This is the property occupied by the Ocel and Jarvi families. Please advise if there are questions concerning these items. Yours very truly, BO?lESTR00, ROSENE, ANDERLIX & ASSOCIATES, INC. Robert H. Rosene RWR:li d Z,v?d2-- Encl. cc: Tom iledgesy'Admin. Paul 2iauge, Atty. 19 n„7 •a • I IRST ADDIT'i ION i?" BM'T0P SANITARY SEWER MANHOLE FI FVATION- 911.04 FFFT (N GV C.-1929) •,<, R=302.84-- \ `5=2027r3411'9S89°49'54"E r' w r r w, 1 r v 1 ` v (•_ 1-- I 1 1 1 1=13.00 ' I .. I v \ . .47nn. WEST LINE LOT 8, BLOCK I W ; 30'• 3O WILDERNESS RUN FIRST ADDITION ID ' a, W I I ' I O(0 u°0 W OP o S89049'54E ocV oo J O V pO 0 EAST LINE LOT R, BLOCK 1, --• 637.19 -- o N 0 1K N - Ir WILDERNESS RUN FIRST ADDITION 0* 8 ... 253.97.-- z 30'., 30 -'N •-- 323.22 ° d .,4 °33'42"32'9" ° S.OO:'I 14000 - ,t 1 I 121.ft1 to S89°49'54'E ?P a N89°49'54"'N (D 00 ! 22500- 0 N m' S Nom? 0 ° o m rm$ 10 O h o R 0 N O 21/E7/?? •rO N Z l a 1 2 '{ 139.41 17M 30 N m 65.9 fl S89° 49'54'E - 205.33 P to !! O1 132.36 r zo,9DL°r,' '00/ ) 0 100.00 C ?Ig ) 0-U-- 4i if1,^S4. a/sH/ 0 4, o n/ M cu 9 du o m /:f NM ,ry o OUTLOT C / V V N I: N I V rD M 1 O O O Nea°i5 3..? f LO -r 60 - `0 N _j C? r? o _ - -'185.80 - ,300. 1 4 11,9 °i Te.ee _?,I 10g.oo_ _.?-6 d ° "6 p I, I.; ° o ms :oz soi, 2c,61t POND ,?' a I, 62l9 } 011=/^ "'o -0 8 II ,1/ -? o 'o 5a WATER ELEVATION MARCH,I 6 6 ) X600 m o / 4.3 14x9 0 0h m' gag mss' 906.4 FEET (N.S.VD.-1929) 3 9558 ?g ly 'L a a a: 9o a l'sz" 9'9s n °o .s N 1N `. 31, O7 '2r `'e9? - SEE DETAIL A n I Y d6 9 m 241.20 MSB°10.36\µ`r0 242.00 /_ - N88031 If)" W } w w N899°049 49 54"W ! w 1°• 3•a2 urr ?• ? w ?1 - nSf.MENT o O p, 0- 0 ntITYE C_ ?/ NN Oo 4 /? i1.,c O O a?YS So, 0,7 dFC 1 Z' NN r 8,0 ,c O n p0 A 2 p. ,Al _ _ o 6 N n ° 4: 6 0 2? o ho o m\I 1- 2505' - AN- - 6q /531., .'k .lHy9 z ;`. w 7 10000 - 48.04 p 830 ? UTILITY EASEMENT ,1a°afi 39' pci°55 c N I' 14917 -•,LO 10000 µv60 °...a O O 3 1'?\`• KyDSi wifE abt of r Th noun Th and T? r ,°? I C I ?; I I I^1 j ri 1_I I_? I I . \i I ?I Pout ofli a di more 48.0 Gout 55 s1 of 11 a di! 09 31 h7 m: Nortl feet W M Have Have N the • O op O1 \ Tn wi N N W \ Tnwi I3 Tnwi hand! m Tn wl 48.0 corpc W z .J , I Arnol N a' Anna David ?I State Count N T 4R 57e.35 Io N87016,51 }WtZzo 9z .J '53 ?, - : G3_ 5000_ 20 I a 178.74 ,.5312• 513 Iq_.-U:TO r O 0'' N87°16'51•'W 3 SOS ? , 0 ` o , , 7 s f l w 27" o w 0 - C 7 0 I ,Lq, m iy 'V ra P , QQ 6 :1 g ° ° " - 0 Q 0 N 0 2; o4f1 °Fr c r o ? s'! c s< - \ 3 6 Q , 9,0 <f z z p I -? co 205.80 Iq5. 60 130.00 1 30 p . •O . 205.80. .. N•4`IS'S2 ; , ' 0 11 190.00 N 87 16 51 Nt3 o r N87016'5I " W Eo? r? i ??pTp 4 ° 9 N cv ` tow O _ ?S 4o°°F7 160.00 140.00 N z - r, W N O N O N 300 00 ... S 89°47'26" W Ctate Count, 3 EXCEPT! C' 8 t N i, 1- / loof 1 (Zi 00, ;j. tt 41 .100 e. , r 040dA", /tdde~, 4MdC4h C 4ueciazes, JOcc. eo.?erdltd«y ?..gd.?ra 2335 W. 74,,w4 .4i9l4.&dj 36 _ ouo G. Bonnnuo. P.E. Rubsrr W. Roane P.E. 55113 Joseph C. Anderl,k. P.V. "1 - Aanw 636-4600 Bradford A. Lawbe,S. P.E. Robes O. Fdtaard. P.E. Richard E. Tuner, P.E. - lama C. Olson. P E. March 31 1976 Lav.rnce F. FrWnea. P.E. , - Glenn R. Conk. P.E. " " - Kenh A- Gordon. P.E- .oprs. Mr, Jerry Schwarz Thamar E. P.E. Soil Conservation Service Cha,la A. Erickson a Farmington, Mn. 55024 Richard W. Foster ,? - Robert C. Schuntcht , - Mania L. Sonala Re: Ches Mar Addition Eagan, Mn, File No. 4927 Dear Sir: . . We appreciated the opportunity of meeting with you last Tuesday, March 23rd to discuss the proposed silt control plan to be used by the developer in the Ches Mar Addition and to discuss possible corrective measures to minimize the soil erosion on the City of Eagan well site just south of the Ches Mar Addition. Enclosed herewith is a copy of the proposed silt control plan which we reviewed at that time. This is for your file. We would also like to receive a letter from you outlining the possible course of action which could be taken to minimize the erosion on the well site. We expect to discuss this with the City Council at their meeting next Tuesday, April 6th on an informal basis. Please indicate the information which you would expect Eagan to provide and that information which your office could provide relative to the preliminary design of possible soil erosion measures. Also, indicate what action will be necessary by Eagan in order to prepare a request for funding from the State and/or Federal government to assist in the carrying out of such a soil erosion program. If desired, our firm could pro- vide the cross-sections and profile required for the project. However, typical types of soil erosion dams which you have found to be effective should probably be provided by your office for the preliminary discussion. We have appreciated your interest in this project and will be looking forward to hearing from you on this. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. g 110, Robdrt W. Rosene ¢ + RWR:li 4P9 n'' rr N, cc: Paul Hauge r 196 ?I Bill Branch Alyce Bolke SILT CCVT36L PLAiT Be: co a o to be eonotruetcd of dirt 1"-24" high alcng TTorth side of Lakcstde Dr. and west aide of ChesT;a Circle to stop runoff of water f.-on roads towards That-.as Lace. 1,-24" be-c:s are also to be constructed on tlorth L East side of intersection (Lakeside Dr. and Ridgevicw Lane) to create a holding area for the water. This will allow the silt to settle before draining out a 6" culvert, onto natural grcundeover, and into the Itort!tcast Pond. A dike will be built of digit 1£-24" high, West of the intersection, so runoff fiord Ridgeview Dr. will be forced to drain away from Thomas Lake and into the Northeast Pond. Runoff from Lakeside Dr, will flow Nest into a holding area on the South side of the road before ulciratuly draining into Tho;:ma Lake. :, An 13-24" dike will be built of dirt on the North end of Chestiar Circle to atop water from draining to the North and into the Wilderness run development. A butt will be built on the East aide of Chest'.ar Circle to create a holding area to allow the silt to settle before draining out a 6" culvert and into the Northeast Pond. ;.i All areas disturbed by the excavation and backfilling operations, except for the future paved portion of the streets, shall be reseeded as soon as practical after completion of the excavation operation. Seed shall be rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. 1/iA c r / David Cabbert - - -- DRIVE MAR 1 ? MLA. / ?s?s 6 ?F I%lr 1 ? • / I t ? `J?//IJ O ? 1 ? ? x i °4ln G. ' 1 / / ? 1 1 dl 1 ? / \ I y r I I I - / 1 I I ? p 1 ?? / h `? NIy ( I,I LR A ??„? . o? 1.3 -vt Ko to 1 \. _ ?? 1 t v \ ?, Q? ? F \ \ 5 \ \ 1 d ?, F- ? ?- .. a it ? quo ? r } ? j? ?° ryaYp9 Ft 4.? e ? ?? ? ?+ •? R ?? n ( j O 9n /00 0 l!E r? z yp sR . Oil 10, 011 o4i 'T 611 S L / / 10, 9 1 -- 1 -0 1 I 1 14 / '7 \ r Sb_. / / d9 -W T IL % I 1 1 1 / / / \ \ / ? 1 _L ? KKK N. Nk 1 op `_ ./ �� �rC"/..-- Walt Stila,437-AirerNai , yorre _Ne:, NOP Alk . -AN """'��� __ ..uu( ..... ��n��•A ,(114.' i;. • 16. cO T 62Osent'.;' 9 N) ® 9 Nt s Y lJ1lE Nn0 Ex mm '---- iii ro CHES MAR DRIVE 04 cow 970 '-Iw•I'J INC#E0 2.00% 97-1t PVC lQ L42% .960 I• PVC4p aw% 950 MID IN r in z In In 6 E. GRADE slo 9W J \\\?\ 690860 M b ? fN + 1 ! ? N -2 3 4 5 6 7-_ 8 9 10 II 12 13 14 15 16 17 18 r- --- - d CLIFF ROAD (Co. Rd. No. 32) All no 920890 W I u N N f l - ? AGAESSR00, IOSEAE, IIIEUSIt 6 A5139, INC. EAGAN Mil .. ... ---._ i. 191101 n.un .... ? a 0 g s 2 0 All W WAII w Uw M1w9n4, NOTE, Pnn INCIDENUL TO JOIL 0419 MM 4N AlcsI CV _9 MM DIA ADOOpIICN 940 890 860 870 660 364 w 55 A OMA'5 , - J t LAKE LP f- it r N THOMAS LAKE r? z W W 24 540: r - E OCEL 38 RESSUR rL d REDUCI 39 a a 541 z q8„ w WELL da SITE DRAINAGE AREA 4.8 ACRES tl 1 ti AK J BAR PARK (59e L CO. RD. 32 X36° O i f 16 16° PUMPHOUSE NO.5 Ott DITCH BLOCKS ,?4 19 24 602 ? l 16 a f r ®® 2 ILLI N GA WATER } L LAf?E - --? 601 )30 X20: 00 i J Svr/, H•l00- I/OBEND "-12"FE . `" CHES A DIVE MH•I00 936.54 I2"EE 930 960 / •35.10% / g CBMH 101 CBMH•102 m 95026 95080 950.80 920`950 325'•15'PVC-744% 910 940 33' 1z"RCo MH•!00 ' CL,S• 1.83' o$ 0 900930 i 2 3 COMN-104 NH-IOS CO•IOSA 9731 97305 973.23 CBMH•103 96980 ' 32.5 -I2"RC? CL a •089 321' 12"RCP •CL.a •1.33% 329'•12"RCP CL 5 636% qg hpp 4 M 01 01 ¢ ? 4 5_ 0_ I 2 3 1 16 la 14 Kt # SERVICES s. u, CB 107o C8405 a s. uW9 .. 960 950, 940 930 .fl?Q 131 HYD. ,---c-- -<--- 0 4- 6 L h' 4- 4 5 12 f 1i Z I I ConteZLr Lot Ui? e 14' 12"RCP CL.9 1.33% ? 0 ?•p 10 .?9.t4. g s°•1/8 6/7 ??60 $ E STRAS C8MH•106 CBMH-ID? CBMH-106 C8-1o E 7 ? a, ?s9.a3 BM eo6,5e Bs?6.6 Bsa,6 ' raP wva ? Hvo. ce•1o7a Q? ToP Nyd• REVISED PROFILE B9a,8 ? I ffi CONBTRUCTION PROFI i ?690 910 °' DE316N GRADE- 910 990 es66 896. ' ?? MN• MH•4 ?? 32'•12"RCP EK.MH-I N J Ea,MN• a 3 903.73 •1.00% 32'oO?CP ?01.2 Noa Eloa 40N®W EI®y - . - , 80'•IS"RCP•I.25% 89,38 Ea. Elo?. ®7®a E E _ 900 ® i ®0 /' 94'•1a"RCP-14.69%a '°---® / la"LONG RADIUS BEND te'y,C.P 1,44% 2 1 PRON ' ? 42'•la"RCP-3.00 ? (? ?•?yc? 970 •R ? ROP E?.0UT610E 860 660 80 II I ii N LL- = Eat UC,P. h 60 N !L J41L _ _ ~t ?,t?r;ua oo;? ? attF ,IN asses ?c EAGAN , MINNESOTA CHES MAR DRIVE- HEC.? lot ADO. _ 7f 44 7'ff._ SEWER, WATER STORM SEWER 44 FREDRICKSON EXCAVATING CO, - ) r f v,V~ `g / 1 , r 1 \ \ , A i~~o 1 oJX / / ~1 i I r~ ~ /I 91 l 1 \ \ l ~~_y \ ( ii ' \ r , / 1 t all / a- ` - A / 1 V _ 1 a !UI / / " V 1 ' 7 Y, r r\ c IH. ` O 1 ~ I ) - - a a w 4 L: :1: / \ t ,r / 6' t_7 ti4 V f i~v IV) T I - / ) \ \ 2 ,/Y1 / \ \ a - \ __z 1t ) I c \ / I 1 - - - _ 1 N' ' ! 2 Ii I" \ 111 r - - /H , I / I! - 4 c I - \'V/' I I! L :;;F: /1 / -i: I: lo~ i I^ ~ ~ti e ' ii__ : N 1 A a; b. 'a ' ' \ 1N /Z : 6 v 5 i ( \v r j - , _ W R 77: q a w- 112/' l / V~ y r / i b o \ ) i///2' i ~-J ,'~.Z r ~ ,'J 7 \ /Il!! 1. .ate L~, / D /D /Oa /oo / ' I I , I 71 N m ~ I CLIFF N RD ~ 1 ti ~ - ~,t , r - I _ - . c_ \ A "'/y \ \ ..r f r ~ ~7 1 V A - /J _ I iT , .r I i SCALE III= 201 ry 26.0 ' 26.12 , 90,00 4~ B % I / spy 8 f 1 ~ ~ - - ,vvv, % !1ci \ F ~ \ r 1` 1 208.90 J/ i rH~ 1N H I R :/k r_ v t r \ N 0 -I' , 9 U,0 / V ( I - ..M J 1 ? /c - J ~a• - , I / i_ : - - I f ,v, I l ' 7 1' I SS ST . i ~ - 0UTLOT C -S, ; I / S • I / j a / 130,00 ;1?~ 7 - / \ _ 4 r ti 7 a, I r rN t 1 ~ f ' m h , r ,1 f ! a 0 , N j r r / I y y N ~r r -L.~ ` 1 l r'S" 1 S .5 t H, } r / k r / 8. 5~`'~~,I w r . o~ I S1• I \ (0 I p J~ 1 Q ,I ' f ~r ------r J ; I ' , i : - / It ~ } i } f ' / 1 j~ - J J' p r' I x j R x, S _S 5 x: r' Imo. 7 11N 000 p 105.50 105.15 102.51 J4p 1 HEREBY CERTIFY THAY'THIS PLAN WAS PREPARED DY tlE SURVEY REViStONS OR UNDER W( DIRECT SUPERVISION AND t$AT 1 AY A DULY REOISTEREOPROFENSSIONALpEEND(VEER UNDER tN£ LAWS OF DRAWN Ptf . NESOTA THE STATE 0 IHNESO DESIGN. DAtE aEO. No. A~~ROV D sr. PAUL., nnisv?vsst~x~ „ . t}AT~t ~ e ~ ~ P_ t1G9164,9 r ~ ~ 6 u~v-affimu~um~arc ~ ' ~ ~ ' - / hew i,. C` h -S I: ! " . I t \ r l ~ ~ cam ~ r } i \ \ ? \ NN ( K hR _ p \ V i \ a v y v h 1 , I : \ ' \ t t : . \ \ I I I , v / I \ i T ~1p I \ r 1 i 1 I \ ~ ' / \ I1 r + I : 7' % u 6 / { I t [Ii J r r I I r l v v i , :1; •1r r ( I jl' T :T v v I1111::' / / \ I \ - - - - / / (('I ( , I . x, ' 1m \ ' I ' - ' - - ' v ,i/ ' T / 1 ,,f / /JJ( f 1 / \ 11 i , / / ti ,r ~ ~ ! kH ' \ \ / \ I \ h T ( I / I I ~ \ ij : - i x+ / 1 ~1 A - \ _ _ \ , rt I Cdr I i o \ m~ I ~ ~ ti .ta ;Hft; •;t ±iL: I \ I ~ _ I, o l _ I! ! \ I I \ I a* / / 15 f ~ ~ q P~ ~ r ~ f~ A i x / ® r +I / I i - , j \ } x 1 /7/ 1 I 1h ~ - / - X. ~6a I - \ 1 ~s r~ I I I r Q l ! ` p r s r r J'6 ~ ~ \ ~ , \ Al ' (i ' ' \ N :\\:L1 : X o / , / i \ ail / / s - ( i - \ - \ - ! - . !~'s i / / / / / L~n it I-z rVI .01 IZDl 10 Cu NO-. 32 CLIF7~= CD i Sri r - 4 , { a , . .i;. - : - , ~y - / . f ; /71 _I ( \ v T. , , q , ter.. w - \ I T'/ I r' f \ t i A Y , f , ~ h t t1 , f t lL ILL ' h.~ i n ~ t t~ ! ,/S_/ ilk t r o d 1 I r d w A t v - I t rJa F \ f I 4 r W 5 _ 9 J 45„ 5 1, f \ 4 3 - ] M , r S I ' 1 , x r" , E, 6 t I f/ J / \ 'c " rr ~ r s /Y , ' r._ i y , 1 J ~ f ' l ~ 9 a 1 ! r" :v : II I e; t l •~I , 'I II , ~ YY 1~ r r J t i r r, f / Y r r $ J r _ . r s - T _ y . , . I r a f, I R I , , ^ 1 ' f I c , i , , . ~~,.w s~ -««m r f o a v c r ,~r' _ }p r 4 r + C-- d' t r i r w• y m., r` r 9~