HomeMy WebLinkAbout2004 - Homeowner's Assoc. drainage concern w1\e Oat\ Circ\e
Qr'IE aW Y\E rr A s S OC Lot ion March 18, 2004
rCA\n U c C1 GY}C r h Richard and Joan Kling
2780 White Oak Circle
Orono, MN 55356
Mr. Gregory A. Gappa P.E.
Director of Public Services
City of Orono
PO Box 66
Crystal Bay, MN 55323
Dear Mr. Gappa:
To follow up on a conversation we had in early March, relative to the drainage situation
concerning mine and my neighbors' properties, We are hereby documenting the situation.
When the original platting for our development was done in the 1976-77 timeframe(RLS
#1447), there was apparently no official consideration given to the existing drainage ditch
system,which had been installed by the previous(fanner)owner to drain the area to make it
tillable as farmland. This drainage system was/is critical to maintain the integrity of use of the
land as it appeared when all of the present and former lot owners purchased their properties. It
affects the integrity of at least five properties—2735, 2775, 2780,2785, and 2790.
My concern is this: The property at 2775 White Oak Circle is the focal point for the drainage
system getting the water out of the area. The ditches come together on this property, and must be
maintained itfi ''der for our adjacent properties to stay dry and fully useable. This has not been a
problem to date because the owner of 2775 was an original purchaser, and has always been
relatively sympathetic to the problem, spending dollars along with the rest of us when necessary
to help correct any drainage problems when they have begun to cause problems.
Mr Marier(2775)unfortunately passed away from a brain tumor last fall. His property was left
to a family member, who sold it to a home improvement company. They are presently fixing up
the property, undoubtedly under building permits from the City of Orono, and it promises to be a
very desirable property in our neighborhood.
Our concern is that the new owner be aware of the criticality of their relationship to the drainage
situation of our other properties, so that we can depend on their cooperation when and if drainage
problems occur as they have in the past. Just this past summer,before Mr. Marler passed away,
he cooperated in getting the drainage ditch from our 2780 property to his 2775 property repaired
and re-routed from under his foundation footings,where it had been damaged when his house
was built, and apparently improperly repaired, thus causing intermittent problems over the years
since(although never to his basement—he stated that he had never had water problems in his
basement).
The repairs and re-routing of the ditch this past summer will probably take care of the situation,
for some time but we can not be sure of that, and there is also the issue of the other ditch run
from 2785 onto 2775, which may also require additional repair in the future.
To our knowledge, the exact paths of the ditches underlying the area have never been
documented; however,Mr. Dave Matter, Matter Excavating, has been instrumental in several
repairs, and may know more than anyone about the routes and condition of the ditches in
question.
We are including a copy of a drawing discovered today in our property file at City Hall,which
you apparently had made after our early March discussion. It depicts the approximate location of
the ditches fairly accurately. We also have our own personal records, including exact
measurements from foundations and other landmarks that we have made during several ditch
repairs mostly on our property(2780),but also including some on 2775. We have made and kept
these records to document where the ditches are and what has been done to them. We made
measurements and some general location judgments on the Marier property(2775)this last
summer, as that repair directly concerned our property and the property directly west of ours at
2790. If the City desires any of this personal information we have recorded,we will be happy to
provide it
We intend to inform the real estate company, which lists the property at 2775 (by copy of this
letter and diagram) of this critical drainage relationship so it can be disclosed to any potential
buyers. We will also appreciate the City of Orono informing any potential buyers who may
inquire of the City relative to any situations about the property of which they should be aware.
We are doing this merely to insure that the buyer be aware that their cooperation may be
necessary in the future to maintain the integrity of the surrounding/adjoining properties. We will
be appreciative of any support the city can provide to assure that our drainage situation does not
worsen and cause harm to our properties' usefulness and integrity.
Thank you for your assistance in this matter,and we trust that the City will recognize the
importance of this issue relative to the usefulness, integrity and value of our properties.
Sincerely yours,
la K t% 111
11
Richard A. Kling& Jo f ling
Drawing/Diagram attached
c.c. White Oak Circle Homeowners' Association
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