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HomeMy WebLinkAboutUniversal Foundry PropertyDocument Number DEED RESTRICTION Declaration of Restrictions In Re: See Attachment 1 - Univemal Foundry Legal Descriptions and Attachment 2 - Parcel E Legal Description STATE OF WISCONSIN ) ) ss COUNTY OF WINNEBAGO WHEREAS, the City of Oshkosh is the owner of the above- described property. WHEREAS, Fill soil has been disposed of on the property which is identified in Figure 1. As of December 2000, January 2001 and May 2001, when'Soil samples were collected on this property, the fill soil has been found to be contaminated with lead in concentrations which exceed ch. NR 720, Wisconsin Administrative Code, Direct Contact Residual Contaminant Levels for non-industrial land use at the locations identified on Figure 2. Soil samples that were collected on this property indicate lead contaminated soil REGISTER' S OFFICE WINNEBAGO COUNTY, WI RECORDED ON ~/11/2003 09:47AM SUSAN WINNINGHOFF REGISTER OF DEEDS RECORDING FEE TRANSFER FEE # OF PP~E$ 7 Recording Area /,~ ~ ~rn A, ddress ~ 90102430000 Parcel Identification Number remains on this property at the following locations: Court yard between Pamel E Building Nos. 3 through 5 and Building No. 5 northeast parking lot. Sampling locations and results are shown on Figure 2. WHEREAS, it is the desire and intention of the property owner to impose on the property restrictions which will make it unnecessary to conduct further soil remediation activities on the propedy at the present time. NOW THEREFORE, the owner hereby declares that all of the property described above is held and shall be held, conveyed or encumbered, leased, rented, used, occupied and improved subject to the following limitation and restrictions: The 18 inch soil cover with geotextile non-woven fabric barrier and asphalt barrier that existed on the above-described property on the date that this restriction was signed form a barrier that must be maintained in order to prevent direct contact with residual soil contamination that might otherwise pose a threat to human health. The barriers that exists on the above-described property in the location shown on the attached map, Figure 1 (Site Location diagram) on the date that this restriction was signed shall be maintained in compliance with the "Engineering Controls Maintenance Plan" (Attachment 3), dated May 13, 2003 that was submitted to the Wisconsin Department of Natural Resources by the City of Oshkosh, as required by section NR 724.13(2), Wis. Adm. Code (1999). In addition, the following activities are prohibited on any portion of the above-described property where the cap has been placed or where impervious surfaces exist (Figure 1), unless prior written approval has been obtained from the Wisconsin Department of Natural Resources or its successor or assign: (1) Excavating or grading of the land surface; (2) Filling on capped areas and areas with impervious surfaces; (3) Plowing for agricultural cultivation; and (4) Construction or installation of a building or other structure with a foundation that would sit on or be placed within the cap or impervious surface. This restriction is hereby declared to be a covenant running with the land and shall be fully binding upon all persons acquiring the above-described property whether by descent, devise, purchase or otherwise. This restriction inures to the benefit of and is enforceable by the Wisconsin Department of Natural Resources, its successors or assigns. The Department, its successors or assigns, may initiate proceedings at law or in equity against any person or persons who violate or are proposing to violate this covenant, to prevent the proposed violation or to recover damages for such violation. Any person who is or becomes owner of the property described above may request that the Wisconsin Department of Natural Resources or its successor issue a determination that one or more of the restrictions set forth in this covenant is no longer required. Upon the receipt of such a request, the Wisconsin Department of Natural Resources shall determine whether or not the restrictions contained herein can be extinguished. If the Department determines that the restrictions can be extinguished, an affidavit, attached to a copy of the Department's written determination, may be recorded by the property owner or other interested party to give notice that this deed restriction, or portions of this deed restriction, are no longer binding. Richard A. Wbllangk By signing this document, J asserts that he or she is duly authorized to sign this document on behalf of City of Oshkosh. IN WITNESS WHEREOF, the own,c.r of the [qroperty has executed this Declaration of Restrictions, this ~ day of ~ ~'~6,~ . 2003 Signature: Printed Name: Rzchard A. kbIIangk Title: CJ. ty ICanager SubscJribed and sworn to before me this _~__ day of Notary Public, State of My commicsi0n This document was drafted by the Wisconsin Department of Natural Resources based on information provided by STS Consultants, Ltd. DESIGN~ ~ SITE LOCATION DIAGRAM D~WN~ CDH ~PRO~D BY AGM 4/~/03 FORMER UNIVERSAL FOUNDRY PROPERTY c*..~ sc*~ OSHKOSH, WISCONSIN =,~ 1"= 150' 27666XA 1 . ~,., ~ '~.:~.::~:~, ,~: .~:,~..:::..:~::~ .~. LEAD SAMPLING LOCATION DIAGRAM ~w. ~PRO~D BY AGM ~/o5/o~ UNIVERSAL FOUNDRY WISCONSIN 1" 80' 27666XA 2 ATTACHMENT 1 UNIVERSAL FOUNDRY PROPI~'RTY LEG. AL DESORIPTION5 il ii il d DESCRIPTION PARCEL NO,. All of Late 7. 8, 9, 10. 11, 1,8 and 17 aha a part df Lots 8, 12. 1.3, 1¢, 15 and lB of Block L; all of Lots 1. 2 and 3 and a part cf Lets W, 5 and 30 in Block G; all of vacated Dawes S~t for the southwesterly llne of Pearl Avenue to thc centefline of ~e C · NW Railroad trcck: all' In Western AddrLon'to Oshkosh, In the'~rst Ward, City of Oshkosh. ~nnebago et the North~esteri~ ~omar ef Lot 1 ~f Black G in Western Addition ~nd being thc t~e p~nt of beginning; running ~etJce S. Sf~20-07 ~ 15D.3~ feet, ~long tho southwesterly line PeaH Avenue to its ~nte~ect~on w~th the Nar~est =omar of Lei 1'of Ce~lfled Su~ey Map Ce~fified Survey Map No. 1579; ~ence &38'-5t'-Ol'Wj 30.00 fee~ along ~e westerly of sold Ce~lfied su~ey M~p No, 1579; thence S. 51'-~7'-2~'E.'30.O0 feet; thence S.3B- 51'-O1'W. 85.51 feet, along ~e westerly fine of Lot 1 af enid Ce~flfiad $u~ey MOp No. 1579 [o Its southweste~y comer thereof; ~ence N.51~43'-2~'W. 457.33 feet, along the gente~ine of the C ~,NW Railroad t~ack: thence No~hwesterly ~.12 feet, along the otc of e cu~e to the left being the centeH~ne of the C · NW Ra~rood track ha~ng e red[us of 17.2g.28 feet end the chard of ~hich beers N.52'--37'--11'W. 54.12 feet; thence $.38~B'- 58"W. 3.12 feet: thence N.~l~32'-O6'W. I~2.37 feet, along ~e Northeasterly line of thence N.3B'-16'-25'[ 120.31 feet~ along thc cas[any ~Jne of Lot 1 of Certified Sa~ey Map No. 15B~ t~ Its No~heasteHy comer thereoh ~ence $.El'-33'-Sg'E 179.0~ feet. along the No,holly line of Late 18, 17,~ 16 and 15 of said Block ~ th~=e N.~'-50'-26"E. 123.75 f~t, 6long a l~e 5 feet ~estefly of the easte~y llne of Lot 6 of said BIo~k L to a point [he seuthwestsHy line of ~earl Avenue~ thence S. 51~11'-Sg"E. 305.83 f~et, along the southwesterly line af Pead Ayenue ~e {he ~me point of beginning. DESCRIP~ON PARCEL NO. Il A part of Lots 12, 13, 14 and 15 of Block L: c port of Lots 4., 50, 29. 28, 27, 26, 25 and 2~, of Block G; a port of Lots 1~ and 2 af block'E; a part of Lots 6 and 15 end all of Lots 7, iS, · 9, 10, 11, 12, 13 and 14. Of Block M; c portion o¥ vacated Warren Road, vacated Dawes Street and vacated Hancock Street ail in Western Addition to Oshkosh, in the First Ward, City of OshkOsh, W~nnebaco County, ¥fiacons[n contaTning ~-,785 saree cf land and being desc~bed b~ Commencin~ at ~e southeasterly comer of Lot 1 of Certified Survey Map No..1584, thence S.51-32-05 E, 15~37 feet, along tho no~hoastsrl~ hne of Warren Rood [o. Its Intersect{an with ~emid line of Lots 5 and 15 of said ~lock M extended northeasterly end being the true point of begim~ing~ ' - ~nnm~ t~anc= N.3B'-~B'-Sa'E 3.12' f~et; thence 8outheasteHy 54;12. feet, along the ar~ of a cu~e to the right being the =enteH~ne of the C ~ NW Raaroad {ra~k havir~g a radius of 1729.28 feet and the ~ord o[ which beers S.52'-37' -11'E. 54.12 fee+.; ~enae S.St'-43'-23'E.' 787.51 f~et, along ~e =enterllne of the C · NW R~liroad tra~; thence S.~9~OO'-Og'W, 3~.1~ feet; ~ence N.51'-~7'-37"W. 30.29 feet; thence S.~B'-52'-22"W. 7.~0 feet, along the south line of LOt 2 in ~ald BIo~k E to [he .sau~westeHy comer of s,3~d Lot 2; thence N.38'-~9'-SB'E, 149.70 feet, along the southeasterly line of Dawes Street to it= interaction with the canteHIne of vacated Hancock Street; ~en¢e h.51~57'-2&'W. 106.27 feet; along the canteHIn= of vacated Hancock Street; thence N.Sa~7'-16"W. 75.86 fee~; thence N.51~57~-2~"W. 15~.00 fee~ ATTACHMENT 2 Parcel E Legal Description ! i I 1 ! ! ! I That pan of vacated Dawes Street, Warren Road, HanCock Street and Blocks E, F and M of Western Addition, a platted subdivision, located in the Southeast ¼ of the Northeast ¼ of Section 23, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, boUnded and described as follows: commencing at the southeast comer of said Northeast ¼ Section; thence North 01o17'08" West, 233.67 feet along the east line of said Northeast ¼ Section to the centerline of Pearl Avenue as established from the centerline of the existing pavement between Dawes Street and Jackson Street; thence North 53o02'34,' West, along said centerline, 617.70 feet; thence South 37°14'47, West, 50.19 feet to the southerly right of way line of the proposed Warren Road and a point of curve to the left; thence northwesterly, 86.60 feet along the arc of said curve, whose radius is 160.00 feet and whose chord bears North 71 °20'18" West, 85.55 feet; thence North 86°50'42" West, 402.97 feet to the point 0f beginning; Thence South 00°00'00,, West, 294.07 feet to the northerly fight of way line of the abandoned Wisconsin Central Railroad and the point of curve to the left; thence southwesterly, 248.61 feet alon~ the arc of said curve, whose radius is 618.11 feet an whose chord bears South 64o5954,, west, 246.93 feet; thence North 53°47'54', West, 37.39 feet; thence North 36°58' 17"' East, 119.70 feet; thence North 53°42'04" West, 265.66 feet to the southeasterly fight of way line of the proposed Marion Street; thence North 36°45'11" East, along said s ofltheasterly right of way, 265 89 feet to the ' southwesterly right of way line of'Warren Road; thence South 53014'49" East along said southwesterly right of w~iy, 42.24 feet to the .point Of curve to the left; thence southeasterly, 186.18 feet along the arc of smd curve, whose radius is 317.50 feet and whose chord bears South 70';02'45" East, 183.62 feet; thence South 86°50'42" East along said southwesterly right of waY line of Warren Road, 30.69 feet'to the point of beginning Above described parcel Of land having an area of 110,705 square feet or 2.5414 acres. Z:\projectsL24679Aksurvey\legals\parcels\parcel e.doc 2-27-2001 ATTACHMENT 3 ENGINEERING CONTROLS MAINTENANCE PLAN The Former Universal Foundry Company Oshkosh, Wisconsin To obtain environmental closure and a Certificate of Completion for the Former Universal Foundry Company property, engineering controls have been installed to limit the threat to public health and safety by essentially eliminating the direct-contact potential. For areas identified on Figure 1, which has a defined future residential land use, engineering controls, including: asphaltic concrete barrier with a crushed gravel base course and soil cover with geotextile fabric, were identified in the property deed restriction imposed by the Wisconsin Department of Natural Resources. The engineered cover shall be inspected and maintained by the property owner on an annual basis to ensure its long-term effectiveness as a barrier to the covered soil and concrete direct contact. The following is a list of annual maintenance checks to assess the integrity of engineered cover on the soil: 1. A geotextile non-woven fabric was placed at the base of the Parcel E Court Yard cap to provide a visual barrier between the lead-impacted soil and the direct contact cover. Exposure of the geotextile fabric will require maintenance to the soil cover. 2. The direct contact cover generally consisting of soil and grass within the court yard of Parcel E shall be maintained to a thickness of 18 inches to limit the direct contact potential and provide positive drainage on the site. 3. A layer of asphaltic concrete was placed over crushed aggregate base course in an area depicted on the Figure 1. Periodic inspection of the asphalt concrete will be required as any cracks should be sealed on an annual basis.