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HomeMy WebLinkAboutStormwater Maintence Agreement: Choice Bank 2450 Witzel Ave /5. III III 11111 CITY OF OSHKOSH 8 4 3 6 9 3 2 STORMWATER MANAGEMENT FACILITY Tx:4320225 MAINTENANCE, AGREEMENT DOC# 1770894 Document Number Document Title NATALIE STROHMEYER REGis"rER OF DEEDS The City of Oshkosh,the Governing Body,and Choice Bank,the Property owner,are the WINNEBAGO COUNTY, WX parties to this Agreement. The purpose of this Agreement is to ensure adequate storm RECORDED ON: water drainage facilities for the Property described in this Agreement in connection with 07/19/2018 10:06 AM the surrounding public storm water facilities. The consideration for this Agreement RECORDING FEE. 30.00 includes the City's approval of proposed development on the Property. Additional PAGES: 8 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: Recording Area Choice Bank Name & Return Address: 2450 Witzel Avenue Oshkosh City Attorney's Office Oshkosh, W1 54904 PO Box 1130 Oshkosh,WI 54903-1130 GOVERNING BODY: City of Oshkosh Tax Parcel Numbers: 91621540400 PROPERTY SUBJECT TO THIS AGREEMENT The Property subject to this Agreement is located in the City of Oshkosh, Winnebago County,and is more particularly described as follows: Lot 1 of Certified Survey Map No.7182,recorded with the Winnebago County Register of Deeds on January 11,2017,as Document Number 1731758,and located in the Northeast'/4 of the Southwest'/4 of Section 16,Township 18 North,Range 16 East,in the 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 with the 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"A"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. 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 February 26,2018 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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 The Property Owner is responsible for carrying out the requirements of this Agreement. If there is more than one Property Owner,then the responsibility is joint and several. Property Owner responsibilities include maintaining approved vegetation,grading,drainage,and storm water facilities on the Property. The terms of this Agreement attach to the property in perpetuity and therefore pass to heirs, successors,and assigns. STORM WATER FACILITIES The Property's storm water facilities consist of. I. Underground Storm Water Detention System;and 2. Storm Sewer;and, 3. Inlet;and 4. 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,rilling 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 instal led/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;rep'lace 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. If the storm water system includes an underground storm water detention system,then it shall be similarly inspected and repairs shall be made whenever the performance of the underground storm water detention system is compromised. Soil erosion,clogged or damaged inlets, sedimentation of the underground detention system,and other compromised features of the storm water system are examples of items requiring repair work. When the depth of water in the underground detention system diminishes below one and one half(1 1/2)feet, the efficiency of the underground system decreases,and dredging operations are required to remove the excess sediment. Dredged material may require special handling dependent upon current Wisconsin Department of Natural Resources disposal practices. When February 26,2018 CITY OF OSHKOSH STORMWATE R MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title requested, ,the owner shall make available for inspection all maintenance records to the City Department of Public Works or any agent for the life of the system. The underground detention system is comprised of corrugated metal pipes. These pipes may experience rusting at the normal water elevation. Inspections shall pay special attention to this potential. 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"B". 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. PROHIBITIONS Excessive use of deicing materials will promote the premature failure of the underground storm water detention system. The Property Owner shall take care to ensure that deicing materials are used only when absolutely necessary,and shall take steps to minimize their usage. 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 lawful 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 patty beneficiaries. RECORDING This Agreement shall be recorded with the land records of the Winnebago County,Wisconsin,Register of Deeds. Choice Bank 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 amendment(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 February 26,2018 CITY OF 0SIIJkOSI1 STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title For the Owner/Developer: CHOICE BANK By: J. Sc;1t'SWkr,CEO and Director STATE OF WISCONSIN 04 ss. A13/�0 WINNEBAGO COUNTY 0 Personally came before me this.-;k5 day of 2018,the ab0S1 "QTARuVSfqrr,k me known to be such person who executed the foregoing instrume nd acknowledged t e same,fo 1he 0.urpom+eMin c(motaiqpd. 96tary Public,State of Wisconsin .My Commission expires: For the City of Oshkosh: MA A. Robloff, City Manager Pamela R.Ubrig, City Clerk State of Wisconsin ss. Winnebago County Personally came before me on this day of 2018,the above named,Mark A.Rohloff and Pamela R.Ubrig,to me known to be the persons who execute e oregoing instrume t and knowledged the same. ?oary Public, to of WIS7V,111 My commission expirc Approved as to form: :oat A. orenson, i At orrney-- This document was drafted by: David J. Praska Deputy City Attorney Oshkosh,WI 54903-1130 February 26,2018 V060S IM,HSOAHSa o 3NV1 Sa3WW3 k R LIII W3al31a 31vNaaaoO I 5 I h� R En t it V flip g@ Q 3N771 3WW3 Ink "Ov ;a\ON N.1 % L r 14w4 Y1 I ,\ \`A\, \ R,\,\; 11 a. `w Exhibit �� - L 'ram►!yJ VOGVS IM'HSOYHSO 03NV1 SN3W W3 {#HNVI3 33IOH3 �»33I33O 31VHOdVO� O R A lit i gg <�� `� p tl� 30 2� �a JobLim ` A !# Q� 3NV-1 SONVO 'E v b 8 p' ._:,"'�" 4�5. {I - "4""` "-•w'�-:�-_-�4.SKI ;.� 1 ,c��\``\```;�`�\ 7777 _ Spy i yy q e i y / -'•^` .x _, 1L"[ ... n11OtI.9v» Yx ` _51'@!�+?'uA'woew...---��w ------------ Exhibit 202 Inspection & Maintenance Log Catch Basin I Proprietary Device Inspection Year: Name of Site: Address: Inspector: Company: Municipality Phone: Contact: Facility owner responsible for inspecting, maintaining,and repairing facility components after major storm events(greater than 1/2"), 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 Storm Storm Date Date 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) Design Pumping Frequency Dates Pumped Pumper Disposal Location Page I of I Rev.02/22/2008 Exhibit I -ro, Inspection & Maintenance Log Underground Storage 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 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), Inspection Item --iio-ffn --6—torm --i-t-offn Date Date Date Maintenance Action Date Outlet Orifice Debris/Trash Accumulation* Clean up/Remove High sediment levels (in front of orifice Clean/Inspect orifice and opening)* underground storage Underground storage Debris/Trash Accumulation* Clean up/Remove Abnormal water levels* Contact Municipality I Sediment/Floatables Accumulation* Remove(pump and dispose of at wastewater treatment plant)** Depressions around facility Contact Municipality Joint Separation Contact Municipality Cracks in Concrete/Rusting in Contact Municipality Corrugated Metal Storage Pipe Deteriorated Piping Contact Municipality Displacement of Structure Contact Municipality Page I of 1 Rev.02/12/2018 Exh i bit State to of Wiseonsin Form 4-2003 III1111111111 1111 GUARMAYS DKED 8436971 Tx:4320258 Document NUmber Document Murc DOC# 1770913 NATALKE qT11OHMEYER REGISTER 01: DEEDS THIS DEED,made between Oshkosh Fain ily, Inc. WINNEBAGO COUNTY, W1 RECORDED ON: as Guardian of' Raymond ferry,Jr. 07/19/2018 10:58 Al RECORDING FEE. 30.00 ("Grantor," whether one or more),and Redevelopment Authority of the City of 711ANSFEIt„ FEE: Oshkosh EXEMPTION #: 12 ("Grantee," whether one or more). PAGES: I Grantor conveys to Grantee, without warranty, the following described real estate, together with the rents, pl-OfitS, fixtures and other appurtenant interests, in Winnebago County, State ol'Wisconsin ("Property")(if more space is Recording Area needed,please attach addendum): Name and Retain Address Redevelopment Authority Lots"Two(2)and Three(3)of Block"C" according to Mal)of HIGHLAND City of Oshkosh ADDITION, in the Sixteenth Ward,City of Oshkosh,Winnebago County, PO Box 1130 Wisconsin. Oshkosh, WI 54903-1130 Authority of Guardian: Order of Winnebago County Circuit Court dated, 916-0941 April 23,2018. Parcel Identification Number(111N) This is not hornestead property. (visa)(is not) Dated July 16,2018 Oshk� Inc. Oshkosh Family, Inc. by aw.9 (SEAL) by fo(M)C (SEAL) Pete Weidner, Executive Director& Corp Secretary Mloiiica A. Saippa,6iardiansbil) Representative ........... (Su'At,) (SEAL) AUTHENTICATION ACKNOWLEDGMENT Signature(s) of Monica A. Saippa and Pete Weidner STATE OF )ss„ authenticated on July 16,,201 COUNT-Y Personally came before me on Jeanne L,. Baivier the above-named HTLE: MEMBEIR STAT ' BAR OFWISCONSIN (If not, to n)c known to be the person(s) Who executed the foregoing authorized by Wis. Stat. § 706.06 instrument and acknowledged the same. THIS INS]"RUMENTDRAFTED BY: 4 Jeanne F. BaiNier Notary Public, State of Attorney at Law My commission(is permanent)(expires: (Signatures may be anthenticated or acknowledged. Both are not necessary.) NOTE: THIS IS A STANDARD FORIN't. ANY NIOI)11,'I(:,,A'I'ION'1'0'1'1115 FORIN4 SHOULD BE CLEARIA IDENTIFIED. GUARDIAN'S DELD (02003 STATE BAR OF WISCONSIN FORM NO.4-2003 *Type name below signatures. 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