HomeMy WebLinkAboutStormwater Management Facility Maintenance Agreement 3042 Oregon Street k \Nal 11 I 1 C1(00
CITY OF OSHKOSH 8 6 0 9 x5 1 2
448258
STORMWATER MANAGEMENT FACILITY DOC# 1834402
MAINTENANCE AGREEMENT NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
11/12/2020 10:49 AM
The City of Oshkosh,the Governing Body,and Arnold F.Henke as Trustee of the Arnold RECORDING FEE: 30.00
F.Henke Revocable Trust U/A Dated June 3,2010,the Property owner,along with their
successors and assigns,are the parties to this Agreement. The purpose of this Agreement Rfft'" v
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 NOV 20 2020
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 CITY CLERK'S OFFICE
Body's assurance that the storm water drainage issues relating to the property can be more Recording Area
easily achieved through this Agreement. Name & Return Address:
CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Oshkosh City Attorneys Office
Box 1130
Oshkosh,WI 54903-1130
Arnold F Henke Rev Trust Tax Parcel Numbers:
c/o Dan Henke 91413310500
3042 Oregon Street
Oshkosh,WI 54902
GOVERNING BODY: City of Oshkosh
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:
SEE EXHIBIT"A"
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.
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
October 15,2020
V `
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
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. Storm Sewer;and
2. Catch Basins;and
3. Detention Basin.
INSPECTION AND MAINTENANCE
All storm water facilities and components of the storm water system shall be inspected at least semiannually,once in the Spring and
once in the Fall. The Property's storm water drainage system must also be inspected after major storm events,which for purposes of
this Agreement are those events with an accumulation of one-half(1/2)inch within 24 hours prior to the site having a minimum of 70%
stabilization,and an event with an accumulation of one and one-half(1 V2)inches within 24 hours after the site has a minimum of 70%
stabilization.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,excessive sediment loads within 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
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.
5 2020
October 1
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
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
IG 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. Arnold F.Henke as
Trustee of the Arnold F.Henke Revocable Trust U/A Dated June 3,2010,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
October 15,2020
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
For the Owner/Developer:
ARNOLD F HENKE REVOCABLE TRUST DATED NNE 3,2010
By: a7rkri49- ka,„Ara_
Arnold F Henke,Trustee
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY ) r
Personally came before me this 2) day of C9(: b e r- , 2020, the above named Arnold F Henke, to me
known to be such person who executed the foregoing instrument and acknowledged the same, for the purpose herein
contained. a `�
Notary Public ate of Wisco • � 0
My Commission expires: i �'/Z 3 .' k;
a
e?rj�
For the City of Oshkosh:
1(1
Mar A. Rohloff,City Manager Pamela R.Ubrig,City Clerk _
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me on this 284h day of OC1ObeY 2020,the above named,Mark A.Rohloff ant#
Pamela R.Ubrig,to me known to be the persons who executed the foregoing instrument and acknowledgeci,t -
same. ` - ,' ' ,
blic,S of Wisconsin h s
My Commission expires: 12 j I S(2 O 23 • ' c
-• � 4. -17
x7\
Approved as to form: S
---Date:-----k-k.. . —-- - _
411\- 1)-
City Attorney
VAkJItS. DP60 `9tiPri
This document was drafted by:
David J.Praska
Deputy City Attorney
Oshkosh,WI 54903-1130
October 15,2020kcc(
The South Thirty-two(32)rods and Twelve(12)feet of the West Fifty-eight and Two-thirds(58
2/3)rods of the SOUTH WEST 1/4 of Section Thirty-six(36)Township Eighteen(18)North of
Range Sixteen(16)East,in the Town of Algoma,and now in the Fourteenth Ward,City of
Oshkosh,Winnebago County,Wisconsin,excepting therefrom the Three following described
tracts of land,viz:
1. The North One Hundred Twenty-three(123)feet of the West Two Hundred Sixty-three(263)
feet thereof.
2. That portion thereof lying East of the Westerly line of the Right of Way of the Soo Line
Railroad Company.
3. Commencing at the Southwest corner of said Section,thence east,along the South line of said
Section to the Westerly right of way line of Soo Line Rail Road;thence northwesterly along the
Westerly right of way line of said Rail Road,Three Hundred Twenty-one and Seven-tenths
(321.7)feet;thence south Seventy-four(74)degrees Fifteen(15)minutes west,Six Hundred
Fifty-four and One-tenth(654.1)feet to the West line of said Section;thence south,along the
West tine of said Section,to the place of beginning.
Parcel No,:901-41331050
Address:3042 Oregon Street
EXHIBIT A—Page 1 of 1 p �
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Inspection & Maintenance Log
Catch Basin I Proprietary Device
Inspection Year:
Name of Site: Address:
Inspector: Company:
Municipality Phone:
Contact:
* Facility owner is responsible for inspecting, maintaining, and repairing facility components after any
major storm event and at the beginning of the Spring and Fall seasons. 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).
** Please refer to the Maintenance at a Glance sheet for more information.
Inspection Item** Storm Storm Storm Maintenance Action Date
Date Date Date
Catch Basin I Proprietary Device
Inlet Protection* Remove after
Stabilization
Debris/Trash Accumulation * Clean up/Remove
Abnormal water levels* Contact Municipality
Sediment/Floatabies 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 1 of 1 Rev.02/22/2008
'rr�
•
Inspection & Maintenance Log
Detention Basin
Inspection Year:
Name of Site: Address:
Inspector: Company:
Municipality Phone:
Contact:
* Facility owner is responsible for inspecting, maintaining, and repairing facility components after any
major storm event and at the beginning of the Spring and Fall seasons. 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 Riprap Protection *
Animal Burrows*
Depressions or Bulges
Settlement
Longitudinal Cracks
Transverse Cracks
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
Page 2 of 4 Rev.02/22/2008
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 Riprap/Armor*
Cracking
Slumping/Sloughing of Embankment
Settlement
Spillway
1. 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.02/22/2008
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