HomeMy WebLinkAboutStormwater Management Facility Maintenance Agreement Blanck Enterprise LLC 13-2910-0400 4044
8724555 • _ "_._.
Tx:4540555 .
CITY OF OSHKOSH DOL# 1856543
STORMWATER MANAGEMENT FACILITY NATALIE STROHMEYER
MAINTENANCE AGREEMENT REGISTER OF DEEDS
Document Number Document Title WINNEBAGO COUNTY,WI
RECORDED ON:
07/06/2021 03:31 PM
The City of Oshkosh,the Governing Body,and Blanck Enterprise,LLC,the Property owner, RECORDING FEE: 30.00
along with their successors and assigns,are the parties to this Agreement. The purpose of this PAGES: 10
E.
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 RECEIVED ;'b
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 J U L 1 5 2021
storm water drainage issues relating to the property can be more easily achieved through this
Agreement. Recor¢in; ;` a
CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Name & Return Address:
Oshkosh City Attorney's Office
Blanck Enterprise,LLC PO Box 1130
Oshkosh,WI 54903-1130
51 W.Fernau Ave
Tax Parcel Numbers:
Oshkosh,WI 54901 91329100400
GOVERNING BODY: City of Oshkosh
PROPERTY SUBJECT TO THIS AGREEMENT
The Property subject to this Agreement is comprised of two parcels previously combined into a single parcel for tax purposes,all of
which are located in the City of Oshkosh,Winnebago County,and is more particularly described as follows:
Lot One(1)and outlot One(1)of CERTIFIED SURVEY MAP NO.4879 filed in Volume I of Certified Survey Maps on
Page 4879 as Document No. 1151975;being a redivision of Lot 1 in Certified Survey Map No.4568,located in part of the S.W. '/4 and
S.E. 'A and the N.W. '/4 and N.E.'/4 of the S.W. `'A of Section 33,T18N,R16E, 13°'Ward,City of Oshkosh,Winnebago County,
Wisconsin.
and
Lot One(1)in Certified Survey Map No.3155 filed in Volume 1 of Survey Maps,Page 3155 as Doc No.904657;said Map
being Lot 1 in Certified Survey Map No.3091 and part of the Southwest Quarter of the Northwest Quarter(SW'/4 of the NW'A)in
Section Thirty-three(33),Township Eighteen(18)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"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,
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May 25,2021 (�
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CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
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
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 basins;
2. Dry basin;
3. Drainage swales;
4. Catch Basins;
5. Storm Sewer;and
6. Stand Pipes.
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, 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
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.
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May 25,2021
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 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.Blanck Enterprise,
LLC,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.
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May 25,2021
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
For the Owner/Developer:
BLANCK ENTERPRISE,LLC
eek. 77/11.2
By:
Carven Blanck,Managing Member
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this \tkor day of 2021,the above named Carven Blank,to�s?t� �`'E ''c ,
�oyrled ► ,
�. � ,,
to be such person who executed the foregoing ins ent and ac ggd the�,same,for the purpose hereyt<c,St,lned:...•NOS
-13
Notary Public, State of Wisconsina S �' •.N
My Commission expires: = N; `'ems
-7/ pUBI_lC •'�_;'
For the City of Oshkosh: �'�, OF Wjso()��•`,
(feo-7-1<fert---
Ma-(A.Rohloff,City Manager Pamela R.Ubrig,City Cler
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me on this 264hday of J Wr1E ,2021,the above named,Mark A.Rohloif and
Pamela R.Ubrig,to me known to be the persons who executed the foregoing instrument and acknowledged the _ -
same. yy/ �,
N tary to of Wisconsin '
p 12,/1612023
My Commission expires:
•
Approved as to form:
Dat . JuY1e 26, it
.Lorenson, Attorney
This document was drafted by:
David J.Praska
Deputy City Attorney
Oshkosh,WI 54903-1130
4
May 25,2021
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c-, I 1 ill A NEW FACIUTY FOR: -*61 McMAHON
—.:1 ,-- MUZA SHEET METAL OSHKOSH, WI
.....r.• .„.....,.. IMIN.NR., INIIMIIII
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PROPOSED SITE, EROSION CONTROL a DIMENSION PLAN
EXHIBIT A (1 of 1)
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.
Storm Storm Storm
Inspection Item** 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):
j I
Type of unit(s) Design Pumping Frequency
Dates Pumped
Pumper Disposal Location
1111
Page 1 of 1 Rev.02/22/2008 •
EXHIBIT B (I of 5)
Inspection & Maintenance Log
Detention Basin
1
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).
Storm Storm Storm Maintenance Action Date
Inspection Item 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 j
Page 1 of 4 Rev.02/22/2008
EXHIBIT B (2 of 5)
Inspection & Maintenance Log
Detention Basin
Storm Storm Storm Maintenance Action Date
Inspection Item 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
EXHIBIT B (3 of 5)
Inspection & Maintenance Log
Detention Basin
Storm Storm Storm
Inspection Item Date Date Date Maintenance Action Date
f
4. Emergency Spillway—Exposed
Fabric*
Overgrown Vegetation *
Erosion/Backcutting at berm or road* i
Rutting or pot-holes*
I
Obstructions or debris *
Inadequate Riprap/Armor*
Cracking
Slumping/Sloughing of Embankment
Settlement 1
Spillway
1. Eroding or Backcutting*
Overgrown Vegetation *
Obstructions with Debris *
Excessive Siltation *
1
Slumping/Sloughing
Control Structure
1. Inlet-Debris in Conveyance Area*
Erosion or Undercutting* i
Stop-log deterioration/leaking*
Joint Separation
Cracks in Concrete
Deteriorated piping
Displacement of Structure
1
Page 3 of 4 Rev.02/22/2008
EXHIBIT B (4 of 5)
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 B (5 of 5)