HomeMy WebLinkAboutItem 4.4 Mark Torgerson Claim (2) CITY OF DUBLIN 1 -70-6o
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 9, 1986
SUBJECT Claim submitted on behalf of Mr. & Mrs . Mark Torgerson
on May 30, 1986
EXHIBITS ATTACHED Claim Against Public Entity
RECOMMENDATION Deny claim and direct Staff -to notify the claimant and
the insurance carrier
FINANCIAL STATEMENT: The total amount of the claim is $345, 000 , which
includes : Repairs to yard $ 20, 000
Diminution in- property value 275, 000
Emotional Distress 50 , 000
Total $345, 000'
DESCRIPTION On May 30, 1986, the City received a claim on behalf
of Mr. & Mrs . Mark Torgerson.
The claimants reside at 11565 Padre Way and they allege that acts and
omissions by the City in approving, designing, constructing, and maintaining
storm drainage systems caused an inlet to become clogged, flooding the rear
yard of the residence. The claim seeks damages for the repair of the yard,
diminution in property value, and emotional distress . The residence is
located in Tract 4077 which was approved by Alameda County prior to the
City ' s incorporation. The final map rejected the Storm Drain Easement which
had been offered for dedication to the County.
The claim occured during the time that the City was insured. Staff
recommends that the City Council deny the claim and direct Staff to notify
the claimant and the City ' s Insurance Broker.
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COPIES TO: Mr. & Mrs . Mark Torgerson
c/o Lawrence E. Smith
ITEM NO. • 18 Crow Canyon Court. .#280
San Ramon, CA 94583
Ben Fernandez
t
s
MAY 3 0 1986
CITY Q� 10[23—UN
CLAIM AGAINST PUBLIC ENTITY
TO: CITY OF DUBLIN
Mr. and Mrs. Mark Torgerson ("Claimants") hereby assert
their claim against the City of Dublin for the sum of $345, 000. 00
and make the following statements in support of their claim:
1. Claimants ' post office address is 11565 Padre Way,
Dublin, California.
2 . Notices concerning this claim should be sent to
Lawrence E. Smith, Attorney at Law, Centerpoint Building,
18 Crow Canyon Court, Suite 280, San Ramon, California 94583 .
3 . The occurrence giving rise to this claim took place
at Claimants ' residence at 11565 Padre Way, Dublin, California,
on February 18, 1986.
4 . The circumstances giving rise to this claim are as
follows:
On or about February 18, 1986, due to the acts and
omissions by the City of Dublin in approving, designing,
constructing and maintaining storm drainage systems and approv-
ing real estate subdivision and development activity, a storm
drain inlet structure located adjacent to Claimants ' residence
became so clogged with silt and debris that storm water runoff
flooded the rear yard of the residence, destroying landscaping
and fencing and inundating the yard with silt.
5. Claimants ' injuries are the damage to the yard of
their residence, the diminution in the value of their property
because .of the threat of future damage from similar occurrences,
and their emotional distress caused by the threat of damage to
their residence and uncertainty over future damages.
6. The names of the public employees causing claim-
ants ' injuries are unknown.
7. The amount claimed by Claimants as of the date of
this claim is $345, 000. 00.
follows: 8. The basis of computation of the above amount is as
Cost of repairs to yard $ 20, 000. 00
Diminution in property value $275,000. 00
Emotional distress $ 50,000. 00
Dated: May 28, 1986
Lawrence E. Smith
Attorney for `Claimants
On behalf of Mr. and Mrs.
Mark Torgerson
2 .-
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e
PROOF OF SERVICE
I, Sandra Lynn Owens, declare:
On May 28, 1986, I served the foregoing CLAIM AGAINST
PUBLIC ENTITY, by placing a true copy thereof in a sealed
envelope, with first-class postage fully prepaid, in the United
States mail in a facility regularly maintained by the government
of the United States at San Ramon, California, addressed as
follows:
City Clerk
City of Dublin
6500 Dublin Boulevard
Suite 101
Dublin, California 94568
I :am not a party to the action to which this document
relates. I am over 18 years of age, and my business address is
18 Crow Canyon Court, Suite 280, San Ramon, Contra Costa County,
California 94583 .
I declare under penalty of perjury, under the laws of
the State of California, that the foregoing is true and correct
and that I executed this declaration on May 28, 1986, at San
Ramon, California.
Sandra Lynn Owens