"Private Sewers"--A Ruse?

Seller Disclosure Statment

A follower of the “Private Sewer—Really?  Or Ruse?” issue made the following comment on Facebook in response to a post sharing our Seller Disclosure Statement that said "City Sewer Included" and in working order:  I think it's big con being done by the city.

Well, we’re somewhat inclined to agree with you, hence the name of the Facebook page as well as the website.

Let’s test a theory as to why our sewer was identified as a so called “private sewer.”  That it’s a way for the Department of Public Works to dodge responsibility for what happened in our basement as well as possibly using it as a decoy before;  that this is a ruse.

Here’s some information that supports this theory:

• We were immediately told that our sewer was “private”—no waiting 24 or more hours for the Department of Public Works to research the line—click here to read more.
• That the City has yet to release information to us about other so called “private sewer lines” even though the information has been asked for numerous times—verbally and in writing.
• That no realtor or insurance agent that we have talked to has ever heard of such a thing as “private sewer.”

  

  Wapello County Assessor's Page

• That every piece of paper we have about our home indicates we are served by public/city sewer which is the same for other homeowners in our neighborhood.

  

  Mr. Seals said on March 8, 2016 that red lines were public, yellow lines private, and green lines were storm sewers.  See bullet below about how Mr. Seals directed his staff to change the color of the lines on the map.

• That the only other “private” lines that have been identified are the original neighborhood of concern—Clearview, Meadowdale, Kenwood.
• That one of the homes on Kenwood identified with a “private sewer” had a sewer issue sometime between 1969 and 1972 and the City fixed and repaired the issue. (The resident of that home at that time is now a retired City Attorney.  He wasn’t City Attorney at the time the City fixed his sewer line!)
• That Public Works Director, Larry Seals’ brother-in-law lives on Kenwood and had no idea about the “private sewers.”  Wouldn’t you think family members would be notified about this issue before buying a home?
• That there is an email from Mr. Seals dated March 9, 2016, indicating that he told his staff to change the colors of the lines on the map shown above.  Here’s the email:

  Jody

As a follow up our phone conversation, I what to make sure we are on the same page. On our standard sewer maps red lines indicate sanitary sewer lines. Green lines indicate storm lines.  In an effort to reduce confusion on the maps provided to the insurance company and then forwarded to you I directed staff to change the color on the informational maps to yellow. This allowed a discussion over the phone with our insurance carrier. This color change on these PDF’s  is not what determines which lines are private or public. 

Larry Seals

• That the City may still have right of easement for alleys that were never constructed between Clearview and Kenwood and Kenwood and Meadowdale.  If the City still has right of easement then they would maintain the sewer lines underneath.  If the City says that those sewer lines are “private lines” then they would forfeit right of easement due to not “owning” the lines underneath.
• That one of the documents Mr. Seals used to negate our claim to the City’s Insurance Company is from City Council meeting minutes from 1953.  This post-dates our home by three years—our home was built in 1950 not to mention that our home is in McCarroll's Second Addition--see info from Title Abstract below. This same document is being shared with City Council members currently.
  
• That on December 4, 1946 at 4:00 pm the City Plan Commission in a motion by W. H. Vosberg and seconded by Orval Myers, the Plat for our home was unanimously approved and submitted to City Council for approval.  When plats are approved, all lateral lines, such as water and sewer, within the plat are also approved. 
• On December 27, 1946, after being introduced by Councilman Fry, the Plat for our home was accepted by the City Council  as it was “in proper form and that all requirements of the statute have been complied with in platting said addition.”
• In July of 1946, David Nevin, Mayor and Charles Bookin, City Solicitor filed a petition with the Distirct Court of the State of Iowa for the City of Ottumwa to annex the “whole of said territory” to the City of Ottumwa which was approved.

Note that the last three bullets were taken directly from the “Abstract of Title To McCarroll’s Second Addition.”

So, we’ve found a case to test our theory.  A homeowner in another neighborhood, too, experienced a sewer back-up basement issue and was told by the City that they couldn’t do anything about it—“private sewer.”  This homeowner is now contacting Public Works Director to inquire about the status of their sewer—private or public.  Stay tuned for the results!

P.S.  I never imagined in a million years that I would be talking and writing about easements, sewer lines, and plats.  I'm learning something new every day!