HomeMy WebLinkAboutStormwater Management Facility Maintenance Agreement Winnebago County 12-6851-0000 /4(
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CITY OF OSHKOSH DOC# 1856536
STORMWATER MANAGEMENT FACILITY NATALIE STROHMEYER
MAINTENANCE AGREEMENT REGISTER OF DEEDS
Document Number Document Title WINNEBAGO COUNTY,WI
RECORDED ON:
07/06/2021 03:25 PM
RECORDING FEE: 30.00
The City of Oshkosh,the Governing Body, and Winnebago County,the Property owner, PAGES: 10 _„„• .
along with their successors and assigns,are the parties to this Agreement. The purpose of RECEIVED
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 JUL 15 2021
development on the Property. Additional consideration includes the Property owner's
clearer understanding of storm water drainage obligations for the Property,and the CITY CLERK'S OFFICE
Governing Body's assurance that the storm water drainage issues relating to the property
can be more easily achieved through this Agreement. Recording Area C,HRRGE 02yt
CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Name & Return Address:
Oshkosh City Attorney's Office
PO Box 1130
Winnebago County Oshkosh,WI 54903-1130
100 West County Road Y Tax Parcel Numbers:
Oshkosh,WI 54901 91268510000
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:
That part of the South'A of Section 26,Township 19 North,Range 16 East,described as:Beginning at the intersection of the
North Line of County Road Y and the West line of Jackson Street;thence North along the West line of said Jackson Street to
the North line of the South%2 of said Section 26;thence East along the North line of the South''A of said Section 26 to the
Easterly right-of-way line of Interstate Highway 41 /US Highway 41;thence Southwesterly along said Easterly right-of-way
line of Interstate Highway 41/US Highway 41 to its intersection with the North line of County Road Y;thence East along the
North line of County Road Y to the Point of Beginning.
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.
April 7,2021 C 1�
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE 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. Any Municipal Code changes that result in non-compliance of which the
City becomes aware will be subject to a notice to the Director of Solid Waste Management by certified mail prior to enforcement
actions. Notice to subsequent owners,if applicable,will be to the person or department reasonably believed to be responsible along
with a copy to legal counsel,if known.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 Detention Basin; and
2, Swales.
INSPECTION AND MAINTENANCE
All storm water facilities and components of the storm water system shall be inspected at least one(1)time,annually,or more often if
required by law. 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%)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,rifling 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
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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.
April 7,2021
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CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
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"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
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 reasonable 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. Notice shall be given as required by law. 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. Winnebago County,
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
April 7,2021
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
For the Owner/Developer:
WINNEBAGO COUNTY
SOLD W•1.T PARTMENT
4.111116'41,;:cg -J��_
�i on Doeml • my Executive ue Ertmer,County Clerk
By: I /L
John rip D'a!t.r of Solid Waste Management
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 2,0÷h day of Ap r t I ,2021,the above named Jon Doemel,to me known to
be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
oil. imagoRUEGG
Notary Public,State of Wisconsi '92
My Commission expires: J 20 -_ 2
cr NOTARY_
STATE OF WISCONSIN ) .• .• .r
)ss. PUBLIC z
WINNEBAGO COUNTY )
,.¢ GF VEG 9 O
Personally came before me this ZO day of it / ' >- e abov• •:`..-, - - �i� ■I • 0•wn to
be such person who executed the foregoing instrume t and acknow.••: d the same,for t a. .ose - • -: ained.
I--OP . ay
/MlA. _/►_��I_�!%;,U�
in
Notary Public, State ' u�y
My Commission ex. res .A.
O
OF %-,
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
qs-
Personally came before me this Z3r day of PYI t -, i21,the abov= • .-d John Rabe,to me known to
be such person who executed the foregoing instrum, and ac ..• .d ed the same,for 1..urpose herein contained.
,I IIOTARY 2
Notary Public,St.•T f " r�irL r
My Commission e .s! : r7 ' =?7
of wiSGO
April 7,2021
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CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
.. .
For the City of Oshkosh: f •`. ?�'
O r. O
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Mar A.Rohloff,CityManager Pamela R.Ubrig,City CJeik
g .....•
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY
Personally came before me on this t oi day ofD n'[d ,2021,the above named,Mark A.Rohloff and G CI E
Pamela R.Ubrig,to me known to be the pers s who executed the foregoing instrument and acknowledged tt$ /` •
same. / I11(A 4:5� tr.
'Notary Public,State of Wisc s' 1, /° ; (;
My Commission expires: J I / I�`'[' T -
Approved as to form:
Date: 1.0I 1A' Wv) t,!s!,Styt�l,
Lynn A.Loretason,City Attorney
04►v 7 ? tk5 ,Dti'IT4i
This document was drafted by:
David J.Praska
Deputy City Attorney
Oshkosh,WI 54903-1130
April 7,2021
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EXHIBIT A (1 of 1)
Inspection & Maintenance Log
Detention Basin
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 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 •
Page 1 of 4 Rev.02/22/2008
Exhibit e
Page 1 of 4
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 Gress
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 bolls
•
Pane 2 of 4 Rev.0212212008
' Exhibit B
Page 2 of 4
•
Inspection & Maintenance Log
Detention Basin
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
4. Emergency Spillway—Exposed
Fabric*
Overgrown Vegetation*
EroslonlBackcutting at berm or road*
Rutting or pot-holes
Obstructions or debris*
Inadequate Riprap/Armor*
Cracking
Slumping/Sloughing of Embankment
Settlement
Spillway
1. Eroding or Backculting*
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
• Exhibit B
Page 3 of 4
•
1
.
Inspection & Maintenance-Log
Detention Basin
•
2. Outlet-Erosion or Backcutting*
Debris In Culvert or Trash Rack*
Undermining/Scour*
Inoperable control valve
inoperable Clap 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.0212212008
Exhibit B
Page 4 of 4