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HomeMy WebLinkAboutStormwater Management Facility Maintenance Agreement D.B. Curtiss Ltd. 1726 River Mill Road I° 1li1llu11U1l1I_1 1l 1 III b 3 2 ( 3 7 CITY OF OSHKOSH I X:4547U49 STORMWATER MANAGEMENT FACILITY DOC# 1858770 MAINTENANCE AGREEMENT NATALIE STROHMEYER Document Number Document Title REGISTER OF DEEDS WINNEBAGO COUNTY,WI RECORDED ON: 07/30/2021 01:59 PM The City of Oshkosh,the Governing Body,and D.B.Curtiss,Ltd.,the Property owner, RECORDING FEE: 30.00 • along with their successors and assigns,are the parties to this Agreement. The purpose of PAGES: 10 • • this Agreement is to ensure adequate storm water drainage facilities for the Property -_ ;` D RECEIVE 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 1 3 '��21 development on the Property. Additional consideration includes the Property owner's AUt3 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 Y C`r: S C i , can be more easily achieved through this Agreement. Recording ArQ CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Name & Return Address: Oshkosh City Attorney's Office PO Box 1130 D.B.Curtiss,Ltd. Oshkosh,WI 54903-1130 1726 River Mill Road Tax Parcel Numbers: Oshkosh,WI 54901 91102990102, 91102990103, GOVERNING BODY: City of Oshkosh 91102990104,91102990105 PROPERTY SUBJECT TO THIS AGREEMENT The Property subject to this Agreement is Lots 1-4 of Certified Survey Map 7709,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: Lots 1-4 of Certified Survey Map 7709 as recorded with the Winnebago County Register of Deeds on January 20, 2021, as Document Number 1840478, all of which are located within the Northeast Quarter of the Northeast Quarter (NE '/< of the NE `/) and the Southeast Quarter of the Northeast Quarter (SE `'A of the NE '/4), Section Twenty-four (24), 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`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. April 30,2021 / RECEIVED JUL 0 L021 DUI OF PUBLIC WORKS OSIIKOSII,WISCONSIN 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. 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. Catch Basin; 2. Swale;and 3. Storm Sewer. 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`/z)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. April 30,2021 r CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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. 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 1. 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. 2. The Property owner is entering into this storm water operation and maintenance Agreement primarily so that they comply with local and state storm water rules and regulations. In addition to achieving compliance with rules and regulations,the Property owner's compliance with this Agreement may result in the receipt of local storm water credits. In the event the Property owner fails to materially comply with the terms of this Agreement,the City reserves the right to deny or suspend any requested storm water credits until the noncompliant issue is resolved to the City's satisfaction. Upon achieving compliance,storm water credits may be reinstated but they shall not be granted retroactively. 3. The remedies described herein intended to achieve compliance are not exclusive,and may be cumulative. The City may utilize one or more lawful actions it deems appropriate to enforce this Agreement and/or the Municipal Code. 4. 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. 5. The City may elect,but is not required,to perform storm water maintenance or repairs on the Property. If the City exercises this discretion,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.Notices of such charges shall be provided as required by law. 6. The storm water management facilities shall be for the benefit of the Property and the City of Oshkosh as described in this Agreement. This Agreement is not intended to benefit third parties and there shall be no third party beneficiaries. April 30,2021 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title RECORDING This agreement shall be recorded with the land records of the Winnebago County,Wisconsin,Register of Deeds.D.B.Curtiss,Ltd., 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 30,2021 7- CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title For the Owner/Developer: opoit'NI' PC H'E/ ,, ry D.B.CURT S,LT ,a. ��y. �s iti•�01AR1- . z By. Ku oeppler,President A(/B�,�G •_ 47 , STATE OF WISCONSIN ) .%q� ••.•••••• oN4$' OF WINNEBAGO COUNTY ) +N' Personally came before me this V— day of J u lN ,2021,the above named Kurt Koeppler,to me known to be such person who executed the foregoing instr n nt r and acknowledged the same,for the purpose herein contained. Notary Public,State off`Wisco i 1, My Commission expires: �-f I I i 7 UNI • For the City of Oshkosh: /?(.42----71 ) ri—G—'1--- -Jr) kiii\c3a, Mark A.Rohloff,City Manager Pamela R.Ubrig,City Clerk STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me on this f ' day of 8 2021,the above named,Mark A.Rohloff and Pamela R.Ubrig,to me known to be the persons who ex cuted the foregoing instrument and acknowledged the same. n Notary P blic, to o• -tef Wisconsin _ My Commission expires: IT/15/2023 • - Approved as to form: A:): 0-01A././Sr\aa-,9-. n,,,, A.Lorensocjy Attorney This document was drafted by: David J.Praska Deputy City Attorney Oshkosh,WI 54903-1130 April 30,2021 . . rt • • '7 • • '71 • flAvra . • • • •• A . . I11\11N11iC 111 6 8l11 8 Tx:44�97396 CERTIFWD SURVEY MAP NO. O°t DOC# 1840478 BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NO.6871 AS RE N NATALIE STROHM EYER DOCUMENT NO.1572229,LOCATED IN THE NORTHEAST 1/4 OF THE NORTHEAST REGISTER OF DEEDS 1/4 AND THE SOUTHFAST1/4OF THE NORTHFAST1/4,ALL IN SECTION 24, WINNEBAGO COUNTY,WI TOWNSHIP 18 NORTH,RANGE 16 EAST,H.EVENTH WARD,CITY OF OSHKOSH, RECORDED ON: WINNEBAGO COUNTY,WISCONSM. NORTH UNE OF THE, THFASf 01/20/2021 10:26 AM `1/4 OF SECTION 24-18-16 RECORDING FEE: 30.00 1 PAGES: 3 _t 43.40"Es r 53 2639 2013.97 625.86 I NORTHEAST CORER NOR11-I 1/4 CORNER i SECTION 24--18-16 SECTION 24-18-16 -I GROVE STREET I LOT 2 • ?III CONDOMINIUM I CSM#6328 — — — — i — — I I E.PARKWAY AVE.(WIDTH VARIES) N894/x51 134.31' 0 — Irq —I --20' PRIVATE DRNNI(c EASEMENT LOT 1 I TO BENEFIT LOTS 1-4 J 13,043 SQ.FT.f [0.2994 ACRES4 o LONGFELLOW PLACE, A COMMUNITY ` I N8742'00'E 134.30' I CONDOMINIUM • l • I z I LOT 2 I a 12,097 SO.Fr.± w r-i •s• I CD 8 (10.2775 Jam] g o L I LOT 2 I LEGEND: • =1"X 18"I.D.IRON PIPE WITH CAROW O I� I i.�• 134.30' I • CAP SET,WEIGHING 1.13 LBS.PER 0 B. c."• I LIN.FT. z Ih I ® =1"I.D.IRON PIPE FOUND LOT 3 ® =3/4"IRON REBAR FOUND iC4aO =BERNTSEN MONUMENT FOUND y I E 12,087� } p 0 ="X"ON MANHOLE RIM FOUND ^Ly I S 8 ( ) =RECORDED AS a SOJN UNE CF•TI-E NORTHEAST 1/4 OF rTHE NOREHEAST 1/4 OF SECTION 24 N89'41'597 134.29' L - --1 -# I --- I CSM#68 j1 LOT 4 I OWNERS OF RECORD: 8 D B CURTISS,LTD. g [11 2I75 2086 SQFft ACRES}] $ TAX PARCEL NO:91102990101 I ® 5894200'W 13429' fl _�\SCOlVS/4. 4„ I 21 1 i R08ERT F.ri`iDm?tS:"s I EVANS 31 D ADDN. S 1251 1- i GRAPIC SCALE' BO 0 90 60 120 ROBERT F.REIDER,PLS-1251 DATED CAROW LAND SURVEYING CO..INC. NORTH IS REFERENCED TO THE NORTH UNE OF THE 615 N.LYNNDALE DR.,P.O.BOX 1297 liNORTHEAST 1/4 CF SECTION 24,TOWNSHIP 18 APPLEfON,WISCONSIN 54912-1297 NORTH,RANGE 16 EAST,11TH WARD,are OF PHONE:(920)731-4168 OSHKOSH,WINNEBAGO COUNTY,WISCONSIN,WHICH A074.11-20 DATED:12-2-2020(REVISED 12-21-2020) BEARS N89"4340'E PER THE WISCONSIN COUNTY DRAFTED BY:(aid ROD) COORDINATE SYSTEM(WINNEBAGO COUNTY) SHEET 1 OF 3 SHEETS Ili EXHIBIT A-Page 1 of 3 • CERTIFIED SURVEY MAP NO. 11 O 9 BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NO.6871 AS RECORDED IN DOCUMENT NO. 1677979,LOCATED IN THE NORTHEAST'A OF THE NORTHEAST'A AND THE SOUTHEAST 'A OF THE NORTHEAST'14,ALL IN SECTION 24,TOWNSHIP 18 NORTH,RANGE 16 EAST, ELEVENTH WARD,CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN. SURVEYOR'S CERTIFICATE: I,ROBERT F.REIDER,PROFESSIONAL WISCONSIN LAND SURVEYOR,CERTIFY THAT I HAVE SURVEYED,DIVIDED AND MAPPED LOT 2 OF CERTIFIRT)SURVEY MAP NO.6871 AS RECORDED IN DOCUMENT NO.1679779,LOCATED IN THE NORTHEAST'Y4 OF THE NORTHEAST'A AND THE SOUTHEAST'A OF THE NORTHEAST'/4,ALL IN SECTION 24, TOWNSHIP 18 NORTH,RANGE 16 EAST,ELEVENTH WARD,CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN.SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. THAT I HAVE MADE SUCH SURVEY UNDER THE DIRECTION OF KURT KOEPPLER,1726 RIVER MILL ROAD,OSHKOSH,WISCONSIN 54901. THAT THIS MAP IS A CORRECT REPRESENTATION OF THE EXTERIOR BOUNDARY LINES OF THE LAND SURVEYED. THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF CHAPTER 236.34 OF THE WISCONSIN STATUTES AND THE SUBDIVISION ORDINANCE OF THE CITY OF OSHKOSH. • ROBERT F.REIDER,PLS-1251 DATED audaCt f.REIDEB1' ' CAROW LAND SURVEYING CO.,INC. `- �i251 Vfl ? ` fin 615 N.LYNNDALE DRIVE,P.O.BOX 1297 O ' APPLETON,WISCONSIN 54912-1297 PHONE:(920)731-4168 A074.11-20(RFR)10-16-2020 CITY OF OSHKOSH CERTIFICATE: THIS CERTIFIED SURVEY MAP WAS APPROVED BY THE CITY OF OSHKOSH ON THIS � DA/�cn v�,l'.� ,20 2� PRINCIPAL PLANNE CITY OF OSHKOSH TREASURER CERTIFICATE: I HEREBY CERTIFY THAT THERE ARE NO UNPAID TAXES OR UNPAID SPECIAL ASSESSMENTS ON ANY OF THE LAND INCLUDED ON THIS CERTIFIED SURVEY MAP. luR Or ' CITY TREA R DA SHEET 2 OF 3 SHEETS EXHIBIT A-Page 2 of 3 CERTIFIED SURVEY MAP NO. 1'�D 9 BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NO.6871 AS RECORDED IN DOCUMENT NO.1672229,LOCA 1 hll IN THE NORTHEAST'A OF THE NORTHEAST%.AND THE SOUTHEAST 1/4 OF THE NORTHEAST%,ALL IN SECTION 24,TOWNSHIP 18 NORTH,RANGE 16 EAST, ELEVENTH WARD,CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN. LLMITED LIABILITY COMPANY OWNER'S CERTIFICATE: D B CURTISS,LTD.,A CORPORATION,DULY ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF WISCONSIN,AS OWNER,DOES HEREBY CERTIFY THAT SAID ENTITY CAUSED THE LAND DESCRIBED ON THIS CERTIFIED SURVEY MAP TO BE SURVEYED,DIVIDED AND MAPPED AS REPRESENTED ON THIS CERTIFIED SURVEY MAP. D B CURTISS,LTD.,DOES FURTHER CERTIFY THAT THIS CER11r 11;D SURVEY MAP IS REQUIRED BY S 236.10 OR S.236.12 TO BE SUBMITTED TO THE FOLLOWING FOR APPROVAL: CITY OF OSHKOSH_ IN WITNESS WHEREOF,THE SAID D B CURTISS,LTD.,HAS CAUSED THESE PRESENTS TO BE SIGNED BY KURT A.KOEPPLER,IT'S PRESIDENT,AT OSHKOSH,WISCONSIN ON THIS DAY OF ,20 IN THE PRESENCE D B CURTISS,LTD. B K T KOEPPLE ENT STATE OF WISCON WINNEBAGO COUNTY) PERSONALLY CAME BEFORE ME THIS I Q DAY OF CloN ,20 a-I KURT A.KOEPPLER,PRESIDENT OF This ABOVE NAMED D B CURTISS,LTD.,TO ME KNOWN TO BE THE PERSON(S)WHO EXECUTED THE FOREGOING INSTRUMENT,AND TO ME KNOWN TO BE SUCH PRESIDENT OF D B CURTISS,LTD.AND AC'KNOWLEDG;LEDZWIT HE EXECUTED THE FOREGOING INS i RUMENT AS SUCH OFFICER �GHERFs � { `'tfv,V NCWI ISSC .1 o Ali m�1'- NOTARY PUBLIC w' MY COMMISSION EXPIRES 21 -117-0 2 pUg1,Nc' z • ,,a,,augtttt4 '..... '�' ''-a.2( s Q�SL!',,, ROBERT F.REIDER PLS-1251 DALE.) CAROW LAND SURVEYING CO.,INC. 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'Pilaf IIitia i I jai 1;g 41 °1 11 Iii ;111i1ji11 i 1 iiiiil Ei 4a = 01 A iris!$ WI'§ 3 al},1;"111'1 5 p. 01 t•aI iqq ai$$ '}}ii'�ya3 g@a g J1ThI!IIi4!! IfIIIL1iliih �itttl� � 3�i l6 a i �A'S 18 �$ I�34 in I c I I I I EXHBIT B - Page 1 of 1 Inspection & Maintenance Log Catch Basin / 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/ 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 1 of 1 Rev.02/22/2008 EXHIBIT C - Page 1 of 1 i .