07-11-1975 Council Agenda - Laserfiche WebLink

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City Council June 13, 1975 Page Two In the meantime, the City has permitted extensive develop- ment of the property to the north of the apartment buildings which has substantially increased the volume of surface water and silt draining into the pond and has also installed a sanitary sewer through the pond which has further reduced aits capacity tlrtodrre- tain water. These two developments greatly aggravated precarious position of Dr. Tanasichuk's buildings such that on April 27, 1975, the pond overflowed into the basement apartments, doing extensive damage and forcing the evacuation of the residents. As you are well aware, the City of Little Canada has taken a perpetual easement in a strip of Dr. TanasiChukts temporary pflood the sole purpose of allowing 4the City* to permit ing of said strip of land with water from the property to the south " -see attached copy of Indenture }. In addition, in this same instrument the City agreed to "maintain or cause to be maintained, the drainage on the property to the south of said strip in such a manner so that said strip will not become flooded except as a re- sult of unusual precipitation and then only on a temporary basis:" Not only did the City agree to restore the strip should flooding occur but also promised to "indemnify and hold ¢Dr. Tanasichuk, White Oak Builders, Inc. and Erco, Inc.* haLmless from and against any costs, expenses, claims or damages for property damage, per- sonal injury or death suffered by any person, party or entity as a result of any such temporary flooding." Notwithstanding the fact that the City agreed to properly maintain the drainage on the land to the south, water from this area overflowed into the Tanasichuk property on April 27 and 28, 1975, and flooded not only the ease- ment strip but the Tanasichuk apartment buildings as well. As a result of this flooding, Dr. Tanasichuk has been forced to expend substantial sums of money to restore the interior and exterior premises to their original condition, as well as to make arrangements for the temporary resettlement of several ten- ants. Because of the City's extensive involvement in thc at- tempted resolution of the initial problem as well as in the sub- stantial aggravation thereof, and in view of the City's subscrip- tion to the aforementioned "hold haLmless" clause, we believe the City bears full responsibility for the damages that Dr. Tanasichuk sustained as a result of inadequate drainage in the area. This letter is to notify the City•of Little Canada that we hereby 1 eby1ake a demand pursuant to M.S.A. §466.05 (as amended by Chapter Session Laws 1974) that the City reimburse our client for the ex- penses he has incurred to date in the amount of $7,811.48 as a /2