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HomeMy WebLinkAboutAlro Steel Corp- Stormwater Maintenance 3.19.2020J Number CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT The City of Oshkosh, the Governing Body, and Alro Steel Corp., the Property owner, along with their successors and assigns, are the parties to this Agreement. The purpose of this Agreement is to ensure adequate storm water drainage facilities for the Property described in this Agreement in connection with the surrounding public storm water facilities. The consideration for this Agreement includes the City's approval of proposed development on the Property. Additional consideration includes the Property owner's clearer understanding of storm water drainage obligations for the Property, and the Governing Body's assurance that the storm water drainage issues relating to the property can be more easily achieved through this Agreement. CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Alto Steel Corp. 43 East 10t' Avenue Oshkosh, WI 54902 GOVERNING BODY: City of Oshkosh PROPERTY SUBJECT TO THIS AGREEMENT DOC# 1912269 NATALIE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 03/ 19/ 2020 09:38 AM RECORDING FEE: 30.00 PAGES: 15 Recording Area Name & Remm Address. Oshkosh City Attorney's Office PO Box 1130 Oshkosh, WI 54903-1130 V rL Tax Parcel 91310221001 The Property subject to this Agreement is Lot 1 of Certified Survey Map 7175, a copy of which is attached hereto and incorporated herein as Exhibit "A", located in the City of Oshkosh, Winnebago County, and is more particularly described as follows: Lot 1 of Certified Survey Map 7175 as recorded with the Winnebago County Register of Deeds on December 22, 2016, as Document Number 1730411, being part of the Northwest'/a of the Northwest 1/4, Section 10, Township 17 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin. GRADING AND DRAINAGE PLAN The Property must always comply with the grading and drainage plan approved by the City. The approved grading and drainage plan may be amended or modified from time to time after consultation withthe Property owner. Compliance will be evaluated according to the most current approved plan. A small scale version of the current grading and drainage plan is attached as Exhibit `B" for identification and reference purposes. The full scale grading and drainage plan is on file for review with the City Department of Public Works, and will be used to provide grading and drainage criteria and to govern compliance and any disputes. PURPOSE The three (3) primary purposes of this Agreement: 1) Notify the Property owner, as well as anyone interested in or connected to the Property that the Property is subject to this Agreement and Chapter 14 of the Oshkosh Municipal Code, as amended, and that any owner of the Property assumes these obligations; and, 2) Identify specific storm water facilities that currently exist on the Property, or may be constructed or installed in the future; and, 3) Describe the minimum responsibilities for maintaining the Property's approved storm water management facilities and grading and drainage plan. December 19, 2018 is- 0 I, CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Title RESTRICTIONS The Property must always conform to its most current grading and drainage plan approved by the City. The Property is also subject to all aspects of the Municipal Code, including storm water management requirements, as may be amended, which are currently located in Chapter 14 of the Municipal Code. The storm water management requirements of the Municipal Code change from time to time, with the Property owner receiving public notice as required by law. Changes may be made to the grading and drainage plan for the Property if requested by the Property owner and after review of any changed circumstances on the Property. The approved grading and drainage plan for the Property will be on file in the City of Oshkosh Department of Public Works and is fully incorporated by reference in this Agreement. RESPONSIBLE PARTIES Each owner of the Property, jointly and severally, as well as their heirs, successors, and assigns, is responsible for maintaining the Property in the manner described in this Agreement. The Property owner's responsibilities include maintaining approved vegetation, grading, drainage, and storm water facilities on the Property. STORM WATER FACILITIES The Property's storm water facilities consist of 1. Wet Basin; and, 2. Dry Basins; and, 3. Swales; and, 4. Catch Basins; and, 5. Storm Sewer; and, 6. Inlet; and 7. Manhole Covers. INSPECTION AND MAINTENANCE All storm water facilities and components of the storm water system shall be inspected at least semiannually, with one inspection occurring in early spring and one inspection occurring in early autumn. The Property's storm water drainage system must also be inspected after major storm events. The storm water facilities and grading and drainage scheme must be maintained as designed in order to achieve the desired storm water drainage objectives. Therefore, maintenance and repairs must be performed expeditiously when system deficiencies are identified. The existence of soil erosion, clogged or damaged inlets and/or pipes, sedimentation of the basin and/or biofilter, tilling of side slopes, and other damaged features of the stormwater system are examples of items requiring maintenance or repair work. Material removed from the basin or biofilter may require special handling dependent upon current Wisconsin Department of Natural Resources disposal practices. If a biofilter is installed/constructed, then biofilter maintenance activities include: remove coarse and gravel sediment that has accumulated; maintaining proper level of mulch; inspecting surface and repair eroded areas; inspect filter strip rip -rap and repair as needed; inspect energy dissipator rock or grass inlet areas; inspect overflow structures; replace filter bed; inspect perforated pipe under drain•, remove litter and debris; water plants; replace dying plants; and replace vegetation when necessary. Biofilter inspection and maintenance requirements applicable to the Property will change as the rules enforced by the Governing Body change. If a wet basin is installed/constructed, then dredging operations are required to remove the excess sediment when the depth of water in the wet detention basin diminishes below three feet causing the efficiency of the detention basin to decrease. The storm water detention basin(s) must retain the safety shelf after dredging. Damage to the safety shelf or detention basin liner must be repaired to preserve the safety and operation of the facilities. If a dry basin and/or swale is installed/constructed, then dry basin and swale maintenance includes removal of trash and debris, repairing erosion, maintaining vegetation, and dredging when necessary. December 19, 2018 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Title The examples of maintenance activities that are identified above are not intended to be complete. The minimum information required to be viewed as a guideline for potential maintenance or repair activities is identified in the Inspection and Maintenance Logs attached as Exhibit "C". The Property owner shall, upon request, make available for inspection all maintenance records to the City's Department of Public Works, or any agent of the City, during the life of the system. Mowing in buffer areas, detention basin banks and drainage ways shall be minimized in order to maximize filtration of runoff. If occasional mowing is necessary, the mowing height must not be less than six inches. Applications of fertilizers, herbicides, pesticide or other chemical applications are prohibited in buffer areas, on detention basin banks and along drainage ways. COMPLIANCE The Property benefits from a properly maintained grading and drainage plan as well as properly maintained storm water facilities. In the event the Property owner fails to perform any obligation related to this Agreement, the City of Oshkosh shall have the authority to enter the private Property to inspect, maintain, repair, reconstruct, and/or modify any component of the approved grading and drainage Plan or storm water facility. The City has no duty to take such action but may do so at its discretion. The ability to enter the Property and take such action is not an exclusive remedy, and the City may take any lawfid action to enforce this Agreement and/or the Municipal Code. The Property owner grants to the City of Oshkosh a limited, nonexclusive easement in perpetuity over the Property for the purpose of addressing grading and drainage deficiencies, as well as providing reasonable and necessary access to any storm water facility that is located on or within the Property. The City of Oshkosh shall use only that part of the Property reasonably necessary to allow the inspection, maintenance, and/or repair of the approved grading and drainage plan or any storm water facility. If the City elects to perform maintenance or repairs on the Property, then all associated costs for performing this work and enforcing this Agreement and/or storm water management requirements of Chapter 14 of the Municipal Code, as may be amended from time to time, are subject to reimbursement from Property owners, jointly and severally, or through encumbrances on the Property itself. Reimbursement remedies include placing an encumbrance against the Property as a Special Charge for Current Services pursuant to Sec. 66.0627 Wisconsin Statutes, as amended, or through other methods to collect directly from the Property owner as allowed by law at the City's discretion. Any Special Charge for Current Services shall be a lien on the Property and shall be collected with the real estate taxes. The Property owner affirmatively waives notice requirements for Special Charges, and this provision shall constitute the Property owner's, and any respective lot/parcel owner(s) if applicable, waiver of notice of hearing otherwise required by Sections 66.0627 or 66.0703 of the Wisconsin Statutes. The storm water management facilities shall be for the benefit of the City of Oshkosh and the Property as described in this Agreement. This Agreement is not intended to benefit third parties and there shall be no third party beneficiaries. RECORDING This agreement shall be recorded with the land records of the Winnebago County, Wisconsin, Register of Deeds Aho Steel Corp., shall bear the cost of recording this document. AMENDMENTS This Agreement may be amended in whole or in part at any time by the owner of the Property, provided: 1) the amendment(s) are approved in writing by the owners of a majority of the lots within the Property as recorded with the Register of Deeds, Winnebago County, Wisconsin; and, 2) the amenthnent(s) are approved in writing by the City of Oshkosh Board of Public Works. This Agreement shall be a permanent covenant that shall, as provided by law, run with the land and any amendment to this Agreement shall be subject to the prior approval by the City of Oshkosh. SIGNATURES ON FOLLOWING PAGE December19,2018 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Doeument Title For the Owner/Developer: ALRO STEEL CORP. / /f Ju ' W lliams, General Manage4—o osh STATE OF WISCONSIN ) MARIA GRAMINSKE ) ss. Notary Public WINNEBAGO COUNTY ) State of Wisconsin Personally came before me this 744%� day of v 2018, the above named Judi Williams, to me known to be such person who executed the foregoing ins ent and wledg�Uke same, for the purpose herein contained. Notary Public, State of Wisconsin My Commission expires: For the City of Oshkosh: n F1tZ c "St • C.-y MancLW State of Wisconsin ) ) as. Winnebago County ) Personal] came before me on this y ^� 20 John FiIzpotrick Y day of Maya 1 , 20X the above named, Mark21c-Rubin and Aene�%-- .g to me known to be the persons who executed the foregoing instrument and acknowledged the sam o`-beckel ota c, State of Wisconsin My commission expires: J23 Approved as to form: _ ►� r This document was drafted by: David J. Praska Deputy City Attorney Oshkosh, WI54903-1130 December 19, 2018 I• 1730411 REGISTER'S OFFICE CERTIFIED SURVEY MAP ND. _I11S WINNESAGO COUNTY, WI RECORDEO ON PART OF THE NORTHWEST 114 OF THE NORTHWEST I/4, 12/u/2016 9:43 AM SECTION 10, TOWNSHIP 17 NORTH, CHRISTOPHER LARSON UOGE 16 EAST, CITY OF OSHKOSH. WINNEBAGO COUNT', OEPUTYREGrS"ROFDEEOS WISCONSM, w I n. 7"S RECORDING FEE 30,00 PAGES:4 WEST RIPPLE AVENUE KtliOx f0, wrt„ I/. LORV:s F2 , RIK�,. _ S88. 22'1 E 954.33' 33.ar scm„ ro. •nr,„ [x[ ! .!(". _ 5_[1'i-2T.LnT•3 i 11 '!. 7'38" 42•E 954.86' J; �H9'!1yys N01°300' E ACRES DEDICATED Ip, TO THE PUBLIC 800,438 SQ.F7. ` H _ Iy 18.376 ACRES R �}5 OI I MCfS' � � u w� Ii N 88.2222" W 1075.23' g C'3 Iz, LOT 2 s �_ o; N 8 585,288 SQ.FT. N < a a, Z 13.436 ACRES ui 00 I�._._.�._. N88'21.19"W 1073.08' I S4�n„ :u,c G Lrt .Vw rH wv IH - iRri I yRr1._ �`as II a Irw A.B.M. S.S.M. %gxrno„ re. N0..097,8_ '14O,fi@2x f'M R'aC LEGEND NOTE- a I. 0.0. R0„ P 5". ,u• 10x.. A WETLAND DELINEATIO 'I NM I.1M M. PCR U, n. IS REQUIRED PRIOR TO 0 if., O.D. 004 mm ANY DEVELOPMENT, t cm•Jmuavr CWNER a�`'C�NSi'•° ::.........,y•. O[COW01 ME PEfCRENOfO TO ME MINNfNCq CMR"MDRT.t CMRGNAiF SYSICM IN h[ - y C RD{.BN, lM[ Of Th_ NORTIIn'6T I/. urna- to eux s arnPz• E _ RI S•2442 • DI ': NORYONWLLE TCUEDro FMf°D 6 Martenson & Eisele Inc 1/-3c!-1G l /fl unrAaw,y awa wN.rp ^ Nm.-rlax16109 Em'vommra -IY• mPRanglroM4e (om SurM^9 n'.wsiOR1MNWa.Nm EnpMarwp 9RO.A1.0-M 1.800906.Ob1 AnVIINCNn PRWEV .NO. 0-11W_DDP fµE p_Inf4-OOlasm.ep SKr. I Df a 7.m M VuxCM'WS .I Co Br::. lV< C-1 EXHIBIT A page 1 of 4 •o i• CERTH IED SURVEY MAP N0. 7 ! 75 SURVEYORS CERTIFICATE: I, MICHAEL L. ROUBAL, PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY: THAT I HAVE SURVEYED, MAPPED, AND DIVIDED AT THE DIRECTION OF RICHARD L. GABERT AND THOFWS . RUSCH, PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 10, TOWNSHIP 17 NORTH, RANGE 16 EAST, CITY OF OSHKOSH. WINNEBAGO COUNTY, WISCONSIN, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 88 DEGREES 22 MINUTES 22 SECONDS EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION, A DISTANCE OF 356.08 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 22 MINUTES 22 SECONDS EAST, CONTINUING ALONG SAID NORTH LINE, A DISTANCE OF 954,33 FEET; THENCE SOUTH 00 DEGREES 42 MINUTES 24 SECONDS WEST, ALONG THESE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, A DISTANCE OF 1328.12 FEET; THENCE NORTH 88 DEGREES 21 MINUTES 19 SECONDS WEST, ALONG THE NORTH LINE OF CERTIFIED SURVEY MAP NO. 5928, A DISTANCE OF 1073.08 FEET; THENCE NORTH 00 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF POSERSZNY ROAD, A DISTANCE OF 1181.54 FEET; THENCE NORTH 48 DEGREES 31 MINUTES 11 SECONDS EAST, CONTUNING ALONG THE EAST RIGHT-OF-WAY LINE OF POBEREZNY ROAD, A DISTANCE OF 165.82 FEET; THENCE NORTH 01 DEGREES 37 MINUTES 38 SECONDS EAST, A DISTANCE OF 33-00 FEET TO THE pOINT OF BEGINNING. CONTAINING 1,417,228 SQ.FT. [32-535 ACRES]. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. THAT I HAVE FULLY COMPLIED WITH CHAPTER 236.34 OF THE WISCONSIN STATUTES AND WITH THE CITY OF OSHKOSH SUBDIVISION ORDINANCE IN SURVEYING, DIVIDING AND MAPPING THE SAME. THAT THIS MAP IS A CORRECT REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF THE LAND SURVEYED AND THE DIVISION THEREOF. GIVEN UNDER MY HAND THIS 30TH DAY OF NOVEMBER, 2016. •••' MSCyAEL L. EQU-AL, PRO.ESSIONAL WI LAND SURVEYOR S-2442 _ y ROUBAL " m - S•2442 HORTONMLLE :' > Fj�,�O LAN9 5vQ CITY OF OSHKOSH PLANNING COMMITTEE CERTIFICATE: THIS CERTIFIED SURVEY MAP OF BEING PART OF CITY OF OSHKOSH, WINNEBAGO COUNTY, IS HEREBY APPROVED. DAT THIS �OOf DAY OP �e c� m b {, r 2016. PLANNING COMMIS ON &AYY THIS CERTIFIED SURVEY MAP IS CONTAINED WHOLLY WITHIN TEE PROPERTY DESCRIBED IN THE FOLI RECORDED INSTRUM,,,, OWNERS OF RECORD: RECORDING INFORMATION: PARCEL NUMBER: THOMAS N. RUSCH AND DOCUMENT NO. 1496331 13-1022-1000 RICHAR➢ L. GABERT IBIT A ;2of4 PROJECT W. 0-14E0-002 SHEET 2 OF 4 CERTIFIED SURVEY MAP NO. OWNERS CERTIPICA=- AS OWNER I, THE UNDERSIGNED, HEREBY CERTIFY THAT I CAUSED THE LAND ABOVE DESCRIBED TO BE SURVEYED, NAPPED, DIVIDED � AND DEDICATED AS SHOWN AND REPRESENTED ON THIS MAP. DATSD THIS 1 E�% DAY OF J/JC'( , , 2016. P N. RDSCH '0-) THOMAS . qq STATE OF WI�I/Iel7dAO )BE Comm ) PER$QNALLY BEFORE ME ON THE 14 ObAY ME OF . K.... _ 2016, THE ABOVE OWNER TO, NOWN TO BB THE PERSON WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGE THE SAME. II NOTW PUBLIC, STATE OP &)I 3c MY COMMISSION (IS PENT) (EXPIRES: II " II "I ) PROJECT NO, 0-14aC-002 1EXHIBIT A SHEET. I DP < page 3of 4 CERTIFIED SURVEY MAP NO. _717f_ OWNERS CERTIFICATE: AS OWNER I, THE UNDERSIGNED, HERESY CERTIFY THAT I CAUSED THE LAND ABOVE DESCRIBED TO BE SURVEYED, NAPPED, DIVIDED AND DEDICATED AS SHOWN AND REPRESENTED ON THIS MAP. DATED THIS .,& _DAY OF , 2016. RICHARD L.-GABERT STATE OF WISCONSIN ) GEHISTOBB Notary Public �L CSCettS.uJ ) EE State of Wisconsin COUNTY ) PERSONALLY CAME BEFORE ME ON THE V DAY OF 2016, THE ABOVE OWNER TO ME KNOWN TO BE THE PERSON WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGE THE SAME. NOTARY PUBLIC, STATE OF WISCONSIN MY COMMISSION IIS P ) (EXPIRES: 9- a! ) PROTECT N0. 0-1-90-002 XHIBIT A SHEET M1 OF o —.: —. age4of4 m NVId ONIOVNO _ NISNOOSPANNOJ 0OV83NNVA HSONHSO d0 ALM "ON A'NM3S0d S 3AV 3IddIN A unritld mas HSONHSO — I33LS ONLY 8L OZ/SO/ L L •13S'Itl111WSf1S Ntlld 311S r----------�—�� —� I � J � gg �� (:� ate, 1 ��4•jjl! ill �3' � � �� i � o�s������! l EG e� _ - �� ✓n�� �0 r d8r�x Mi T IY ��,f.'A�,�.��-ups Ill page 1 of 2 I 1!11!!!R!! 09111121411 � •II§�§§§§' .� •RWRI':III§ •=x1iWIR1II ! IIIIIIIIi@ =ARAAWIIII 1 ^xlAO/lBWAR °W WA W§ ➢3Biaasia9 ii6i9ilaa9 iie7iaali3! �� g Yi°: - v99 x I z x s s x x x s} x ppR pyx ppx gp} p9� 3x3 696 iix g 9313i3331 } a 9 ��x.x.eaclW g�I page 2 of 2 • Name of Site: Inspector: Municipality Contact: Inspection & Maintenance Log Detention Basin Address: Company: Phone: Inspection Year: * Facility owner responsible for inspecting, maintaining, and repairing facility components after major storm events (greater than W ), annually at a minimum. Check any deficiencies noted and comment for maintenance actions taken, date of repair, and any alerts. Inspection items with no * should be completed by a qualified professional every five years (or more frequently if concerns are noted). nspection Item Storm Date Storm Date Storm Date Maintenance Action Date sionrash r Accumulationllution * Abnormal water levels ` Sediment Accumulation Depressions, Whirlpools, Sinkholes Embankment 1. Upstream Siope- Poor Grass Cover* Erosion or Slides * Trees/Brush Growing on Slopes Deficient Riprap Protection Animal Burrows * Depressions or Bulges Settlement Longitudinal Cracks Transverse Cracks Page t of Rev. 02/22/2008 EXHIBIT C page 1 of 5 • Inspection & Maintenance Log Detention Basin Inspection Item Storm Date Storm Date Storm Date Maintenance Action Date 2. Crest —Settlement Misalignment Cracking 3. Downstream Slope - Poor Grass Cover* Erosion or Slides' Trees/Brush Growing on Slopes Animal Burrows * Excessive or Cloudy Seepage Longitudinal Cracks Transverse Cracks Depressions or Bulges Settlement Seeps, leaks, or boils Page 2 of 4 Rev. 02/22/2008 EXHIBIT C page 2 of 5 Inspection & Maintenance Log Detention Basin Inspection Item Storm Date Storm Date Storm Date Maintenance Action Date 4. Emergency Spillway —Exposed Fabric * Overgrown Vegetation Erosion/Backcutting at berm or road' Rutting or pot -holes * Obstructions or debris ` Inadequate Riprap/Armor* Cracking Slumping/Sloughing of Embankment Settlement Spillway I. Eroding or Backcutting * Overgrown Vegetation * Obstructions with Debris Excessive Siltation * Slumping/Sloughing Control Structure 1. Inlet - Debris in Conveyance Area Erosion or Undercutting * Stop -log deterioration / leaking Joint Separation Cracks in Concrete Deteriorated piping Displacement of Structure Page 3 of 4 Rev. 02/221200B EXHIBIT C page 3 of 5 11 Inspection & Maintenance Log Detention Basin 2. Outlet - Erosion or Backcutting * Debris in Culvert or Trash Rack * Undermining/Scour* Inoperable control valve Inoperable flap gate Joint Separation Cracks in Concrete Downstream Area 1. Erosion* Debris / Obstructions 2. Bridge / Culvert Problems Buildings Issues Foundation Concerns Page 4 of 4 Rev. 02/22/2008 EXHIBIT C page 4 of 5 Inspection & Maintenance Log Catch Basin / Proprietary Device Inspection Year: Name of Site: Address: Inspector: Company: Municipality Contact: Phone: * Facility owner responsible for inspecting, maintaining, and repairing facility components after major storm events (greater than '/"), annually at a minimum. Check any deficiencies noted and comment for maintenance actions taken, date of repair, and any alerts. Inspection items with no * should be completed by a qualified professional every five years (or more frequently if concerns are noted). Inspection Item Storm Date Storm Date Storm Date Maintenance Action Date Catch Basin /Proprietary Device Inlet Protection * Remove after Stabilization Debris / Trash Accumulation * Clean up/Remove Abnormal water levels * Contact Municipality Sediment / Floatables Accumulation * Remove (pump and dispose of at wastewater treatment plant) ** Depressions around facility Contact Municipality Joint Separation Contact Municipality Cracks in Concrete Contact Municipality Deteriorated piping Contact Municipality Displacement of Structure Contact Municipality ** Pumping Details (based on design guidelines): Type of unit(s) Dates Pumped Pumper Design Pumping Frequency Disposal Location Page t of 1 Rev, 02/22/2008 EXHIBIT C page)Cof 5 6