1/14/2015 16:20:25 Closed by Jane Fleig
The city cannot provide the letter Mr Quinn requested. He was informed by email.
closed: Can't Fix #143233
Drainage or Runoff: Request
Email: This email was forwarded to me by Tom Axsom on January 8, 2015. It was forwarded to Tom by Joe VanDeventer: To the Department it may most concern; My wife and I moved to Bloomington last July and have been renting a bungalow on East 2nd Street for the past 6 months. We have been looking for a permanent home and are considering purchasing a particular home at 1929 E. Southdowns. There is one problem; there is an open drainage ditch running the length of the front yard where it meets the road. I assume it is a city easement and is city maintained. I am first and foremost quite concerned about the possibility of children being injured in the ditch, and would welcome the city installing proper pipes and covering the area. I’m also concerned about any liability I might have as homeowner. How might I go about obtaining a letter from the city which states that the city is responsible for maintenance of the ditch and has liability for any injuries that may occur? Thank you. Since I am considering making an offer on this property, your immediate attention is greatly appreciated. Sincerely, Jim Quinn President RightRez, Inc. 227 W. Grimes Lane Bloomington, IN 47401 Phone: 812-219-1524 Email: jquinn@rightrez.com
- Assigned to
- Jane Fleig
History
1/14/2015 16:19:08 Jane Fleig followed up on this ticket
I received the following response from Mr Quinn: Thank you for your response. Mr. Plecher and I have discussed this. Jim Quinn
1/14/2015 16:18:05 Jane Fleig followed up on this ticket
I forwarded the email to our Legal Dept because it is a legal issue, not an engineering issue. I had also already discussed the issue with realtor Ron Plecher and City Risk atty Mike Rouker last week. Greg Small got back with me on Jan 12th and asked me to go ahead and respond. I sent the following email message today: Mr. Quinn, I don't know who your message was sent to originally but it was forwarded to me last week and I have been discussing the issue with our legal department. Unfortunately, we are unable to provide the letter you are requesting. The ditch appears to be partially within and partially outside the City right-of-way (based on our current mapping system). As such, the City, through the Utilities Dept., would be responsible for keeping the channel clear enough to allow unobstructed storm water flow. But the question of liability if something were to occur in the ditch is a legal issue and would depend on the circumstances of the occurrence. If you have concerns about your liability were you to purchase the property, we recommend you contact your own attorney. We understand you would like the city to install a storm pipe and cover the area but unfortunately our resources are limited and this is not a city priority. It appears the ditch serves the function for which it was intended. This information was also provided verbally to realtor Ron Pletcher last week as he indicated he was working with a client interested in this property. Hopefully Mr Pletcher was able to relay the information. Please let me know if you have additional questions. Thanks, Jane Fleig, PE Utilities Engineer City of Bloomington Utilities Dept.
1/14/2015 16:15:02 Jane Fleig assigned this case to Jane Fleig
1/14/2015 16:15:02 Opened by Jane Fleig
1929 E Southdowns DR
| City | Bloomington |
|---|---|
| State | IN |
| Zip | 47401 |
| Latitude | 39.155712127686 |
| Longitude | -86.510345458984 |
| Neighborhood Association | Somax |
| Township | Perry |