04-22-2020 Council Packet - Laserfiche WebLink

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MEMORANDUM DATE: April 14, 2020 TO: City Council of Little Canada FROM: Chad D. Lemmons RE: Morrison Ditch Project Enclosed you will find a map of the 19 Parcels lying east of Morrison Street, south of Demont Avenue and west of McMenemy Street and north 6th Avenue. Of the 19 Parcels only three (Parcels 5, 11 and 12) are subject to grants of drainage easements running in favor of the City. In the case of Parcel 5 the easement is located over and across the so uth 5 feet. Parcels 11 and 12 the easement is located over and across the east 15 feet. In all three cases the City has no means of legally accessing the easements. This raises two important points. The City has no legal obligation to deal with drainage issues that are naturally occurring. The City would only be responsible if it altered the natural flow of surface water; thereby creating the present problem. It is my understanding; the City has done nothing to alter the natural flow of surface water. Even if the City has altered the natural flow of drainage water the lack of easements would make it impossible for the City to take any action. My understanding is the drainage problems are located along the rear of Parcels 1 through 19. Without a legal means of access to the rear of these Parcels any attempt by the City to enter and make repairs would be considered a trespass. If the City does not wish to create a permanent obligation to repair and maintain this ditch an access agreement may be a better alternative. Under an access agreement the City would be granted the right, by the landowner, to cross the property for the purpose of repairing the ditch. The agreement would state that once the City has completed its repairs to the ditch then the access agreement would terminate. Again, this would not create a permanent obligation on part of the City to maintain the ditch. CONCLUSION Because the drainage problem is a result natural flow and accumulations of surface water the City has no obligation to correct the problem. If the City does wish to correct the problem it needs to obtain a permanent drainage easement across the properties or an access agreement allowing the City access for a short period of time to repair the ditch. The difference is the drainage easement would be permanent and therefore obligate the City to make future repairs to the ditch. An access agreement would not cr eate a permeant right of access to the properties. However, it would imply the City is only agreeing to repair the ditch this one time.