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Home My WebLink AboutStormWater Maintence Agreement: Premier Ripple Road Inc. 33 CITY OF OSHKOSH 8 4 3 5 9 1 6 STORMWATER MANAGEMENT FACILITY Tx:4319552 MAINTENANCE AGREEMENT DOC* 1770563 Document Number Document Title NATAIAE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WX RECORDED ON: The City of Oshkosh,the Governing Body,and Premier Ripple Road,Inc.,the Property 07/16/201.8 09.10 AM Owner, along with their successors and assigns,are the parties to this Agreement. The RECORDING FEE: 30-00 purpose of this Agreement is to ensure adequate storm water drainage facilities for the PAGES: 11 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, Recording Area CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Name & Return Address: Oshkosh City Attorney's Office Premier Ripple Road,Inc. PO Box 1130 3120 Gateway Road Oshkosh,WI 54903-1130 Brookfield,WI 53045 Tax Parcel Numbers: 91411230100 GOVERNING BODY: City of Oshkosh PROPERTY SUBJECT TO THIS AGREEMENT The Property subject to this Agreement is Lot 1 of Certified Survey Map 7251,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 I of Certified Survey Map 7251 as recorded with the Winnebago County Register of Deeds on August 18,2017, as Document Number 1747144, located within the Northwest Quarter of the Northwest Quarter (NW V4of the NW V4),Section Twelve(12),Township Seventeen(17)North,Range Sixteen(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"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. March 6,2018 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANcF,AGREEMENT Document Number 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 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- 1. Wet Storm Water Detention Basin;and, 2. Swales;and 3. Storm Sewer. 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 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. 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 March 6,2018 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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. PROHIBITIONS 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 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 party beneficiaries. RECORDING This agreement shall be recorded with the land records of the Winnebago County,Wisconsin,Register of Deeds,and Premier Ripple Road,Inc.,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 March 6,2018 i CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE.AGREEMENT Document Number Document Title �,�`��`11111111fl/l/lll//, For the Owner/Developer. ,,��`( .. .. y,�frrr PREMIER RIPPLE,ROAD, C. o'l A R y � p( 81.�G Brian K.Solsrud,Managing Member - '�,r�1" aFt��4aM,� STATE OF WISCONSI1+1 ss. ! COUNTY ) f IPersonally came before me this day of ..lt 1)e.. _._. , 2018, the above named Brian K. Solsrud, to me known to be such person who executed the foregoing instrument and acknowledged the same, for the purpose herein contained, i otary Public,Stat f Wisconsin r My Commission expires. .For the City of Oshkosh: Mark A.Rohloff,City Manager Pamela R.T g Jbrig,City Clerk State of Wisconsin ) ss. Winnebago County ) e . Personally came before me on this�W...day of �� -,2018,the above named,Mark A.Rohloff and Pamela R.Ubrig,to me known to be the persons who �ed the foregoing instrume n� acknowledged the same. _._ o ary Pu�ic, t o of W iso,o siin M comni'Oio expires: ry7 ✓ Approved as to form: D � , I, Lorenson, A orney This document was drafted by: David J.Praska Deputy City Attorney Oshkosh,WI 54903-1130 March h,2018 � i''"'I' liNllllllllIllll I� WINNEBAGO COUNTY CERTIFIED SURVEY MAP NO. 770 S I Pan of the NW 114 of the 14W 114,Sacilon 12M7N,RISE.In the City of Oshkosh,Wrinebago County,ftcons(n, MY COMM 1"OF11MCKWOLF (nLTiV44VISS RIPPLE AVENUE ",COMM.FOUND) CILAk"Aammew 10901CAIIE0 TO THE AMM N114 Comm N&OF THEfM 114 3&M$O.M 10,1Z TITH40M -A PIPFlum i A--------- -iT- 4 -------007— Z,'U11LITYEASWENT ';eS$8EST2OF2 -Ar OWNERS CERTIPICATO, MMr-qM RM6 1201S pvt Ronk?DATED 111201S EaLTA A 0XSnA* aDrt.NWO LOT 2 JI LOT 1 643,214 SQFT. 152,583 SQ,Fr. (3,50 ACRES) 6 6 (14.77 ACRES) rj 5 iXU7UrY9ASMeM LANDS DEDICATED S96SH96T2OF2 W TO THE PUBLIC FOR 1 ff PARKPURPOSES MMERS CERTIFICATE. LEGEND 0 -I"X24*AESARSET 5 (DEDICATED TO THE MUD) WFJM4INGs,14LSSJUN.FT;. $2-12 SOM. 0 At*rRON PIPE FOUND ry Mir 238-57 S8 9'2S32 -W iZA&5'4 NOTe OWNEFt$tDVUOPMHOMY GRANT PER'MMDOCUYONT ACROSS ACCESS EASEMENT FOR LOTS I&3TO EACH OTHER FOR ACCESS TO O.T.H,*r OREGON STREET.AND FUPP"AVSNUG SEE SHEET 2 OF2 OWNERS CERTIFICAM T-4 S&S141,-3202 LOT 3 716,722 SQ,M (16,45ACRES) ill t"9 Pi CKII bo q su R, z SURVEYOR'S; CERTIFICATE 1,Kelth W,Walansid,PraresslonalWisconsin Land Surveyor,cerlify that t have surveyed,divided,and mapped pad of the Northwest Ouarttr Drina NorIhvAst Ovarter(NW 1/4 of the NW 1/4),Soctlon Twelve(12N Township Sevanteen(17) WIA CIORRaA Nonh,Range Sbuan(16)East.In the Cftyot Oshkosh,W&nnabago County,WL%oorWn,des;cdbtd as follows.: . Commencing etthe Northwest comer orsaW Seaton 12,thence N8928'3M 14840 Feet iothe PoIntorbe9twinq: thancozonUmIrV N89'28'32T-,1182.117 feet,that"S00'111'416`W,1324.27 feet;thence SMM'W.906.441reaV, thane N00'D012'W,130.00 feel,thence S8932%*W,200.00 feet thence N00100112W.360AI feet thence S89*32120W,143.86 feat thanco N001022M 410.17 fact;thence Northewurty,along the are ore curve to the right, 331.07 feet,the chord of which beam NOOIOME,331.07 144 thcroa N44452T,129.?4 feet to the polm;of beginning. W+E That I have made such Survey,map and land dIvIslon as shown hereon,undarih&dIrecdon orowners of skid lands. That this map Is a correct represontatton or the exterior boundary llnes or the land surveyed. That I have hilly complied With the proutslons,of Chapter 236,34 of the,Wisconsin Statutes In surveying.dIVIdInq and mapping the some,and the City of Oshkosh Subdivision Ordinance. yy 041*01r*taruvrKed to the,NIL at the MW1(4,Satfan1ZT17NR16F. Kafth W.Walanskf FLS Data recordbd ta bwN&S128W"F. 0 M err .w HARRIS F-1 ASSOCIATES, INC, Mi 020)rw&1=404i Coh"T44 CHOP'"KS 1A14=1 1, 1 tfth Von. pturasme i;w' SHEET 1 OF 2 Exhibit "0 WINNEBAGO COUNTY CERTIFIE6SURVEY MAP NO. OWNERS CERTIFICATE As oWnO's ' 8'0 Inc.,we hereby certify that we caused the land dogetibed on this Certified Survey W,�pt'b-'b�1vrvaPV0Z,-dividiid,dedicated and rnopped as represented. As Owners,we also hereby certify that we hereby cause the dedication of a Cross Access Easement as noted and represented on this map and do Grant to the Owners of Lots I and 3 its successors and assigns the same by this Document. As Owners,we also hereby certify that we hereby cause the dedication of a 12 Foot Public Willy Easement as noted and reprosonted on this map and do Grant the same by this Document am P ell Dat JKJ Developers,Ina. State of Wisconslin Winnebago County) Petscrially came before me thts_L9! day of W&0'3 the ,named parsons to me known to be the persons who executed the foregoing instrument an aZnOwt0dqq Ib same, all Notary Public �4q My,'mr, My com 0 expi s rd CERTIFICATE -IN ERTIFICATE 0 THE�C OF 40SHKOSH PLAN Approved Plan Commission on this -day of .2017, ,�ddI fOshk h C 0 Os CERTIFICATE OF THE OSHKOSH CITY CLERK City Date Uve As the duty appointed city Clark for the City or Oshkosh,I hereby carflfy-Ihat the records In the My Clerk's office show that there are no unpaid taxes or unpaid special assessments affecting any Of the lands Included in thU Certified Survey Me D! is. I C--3d .2017. *? City Ct.rk Det� Pamela R. brig, I ark Date TREASURER'S CERTIFICATE I certifythat ftre am no unpaid taxes or unpaid speclat assessments On any Oftha lands Tnduded In this Certified Survey Map. ' 0"M 747144 RemTF-RIS or WINN EBAsGO COUNTY,-FICE W1 fry RECORDED ON W.WAMRSKI 3 Os/I8/2017 12:44 PM S,'= NATALIE STnOHMEYER APM—MIN10 REGISTER OF DEED VA "*liDa iF' RECO BE 30.00 SU PAGES-2 IOU SHEF-T20F2 Capture tereen naiv t.S-9545 gi EXhibit "A" � a Iw1� wM ws�S a95 •.. N INas r �N i• F� i I litop wit nil� ; ►.owwwwwwwrrw ON a; .r�r�ror r� .,..'-♦..!ter*-- :..,._.... +� ...... �'r�� r ��`.r"-"ors' =:.�.�'�''.'. =--_-.""'�'—,'�'+�r ivs�.."'"^'�`r�.�rr�` _.�,Yl+�lww�r♦�'=��...,.""� ""ri+ri!!I! Inspection & Maintenance Log Detention Basin 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 %"), 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 Maintenance Action Date Date Date Date Pond Bank Erosion Debris/Trash Accumulation Visible pollution* Abnormal water levels Sediment Accumulation Depressions,Whirlpools, Sinkholes Embankment 1. Upstream Slope- Poor Grass Cover* Erosion or Slides Trees/Brush Growing on Slopes Deficient Rlprap Protection Animal Burrows Depressions or Bulges Settlement Longitudinal Cracks Transverse Cracks Exhibit "C" Page 1 of 4 Rev.02/22/2008 Inspection & Maintenance Log Detention Basin Inspection Item Storm Storm Storm Maintenance Action Date Date Date 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 Exhibit "C" Page 2 of 4 Rev.02/22/200B Inspection & Maintenance Log Detention Basin Inspection Item Storm Storm Storm Maintenance Action Date Date Date Date 4. Emergency Spillway—Exposed Fabric* Overgrown Vegetation Erosion/Backcutting at berm or road* Rutting or pot-holes Obstructions or debris Inadequate Nprap/Armor Cracking Slumping/Sloughing of Embankment Settlement Spillway 1. Eroding or Backoutting Overgrown Vegetation Obstructions with Debris Excessive Siltation Slumping/Sloughing Control Structure 1. Inlet- Debris In Conveyance Area Erosion or Undercutting* Stop-fog deterioration/leaking Joint Separation Cracks In Concrete Deteriorated piping Displacement of Structure Exhibit "C" Page 3 of 4 Rev,02/22/2008 t , 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 Exhibit "C" Page 4 of 4 Rev.02/2-2/2008