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HomeMy WebLinkAbout2025-08-18 - 2550 Clarville RdDocument Nu, CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Title DOC#.1.9:5-0637 SUSAN SNYDER WIN.NEBAGO COUNTY, WI The. City of Oshkosh; the' Governing Body; and United Cooperative, the Property owner, RECORDED ON' along with their successors and assigns,. are the parties to this Agreement.:' The purpose of 08/ 18/ 2025-10' 33. AM this'Agreement is:to ensure -adequate storm water drainage facilities for the Property RECORDING FEE' 30.00 described in this Agreement in. connection with the surrounding public storm water ' facilities The consideration for this Agr eement includes the City's approval of the PAGES:. 11 development on the 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 storm water -drainage issues relating to the Property can be more easily achieved through.this Agreement. Recording Area [0shkosh, & Return Address: CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: osh City Attorney's Office ox 1130 U.nited.Cooperative '. . WT.549034130 N7160 Raceway RD Tax Parcel Numbers:.. Beaver Dam, W153916, 91347250000 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: LEGAL DESCRIPTION ATTACHED AS EXHIIBIT "A" GRADING AND DRAINAGE PLAN The Property must always comply with and conform to the grading and drainage plan approved by the City. With the recording of this Agreement, the grading and drainage plan along with the terms of this Agreement will be a covenant.attached to the Property -that benefits the Property owner, as may change .over time, but the covenant also reflects an interest of the City as a storm water utility and governmental unity in the Property's stormwater facilities and features. The -approved grading and drainage plan may be amended or modified from time. to time after consultation with the Property owner, based on changed circumstances -or request by 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. I �W 011_� 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. In:addition.to compliance with the: grading and drainage plan,.the Property is also_subjeet to all aspects of the Municipal Code, including storm water management requirements, as may amended, which are currently located in Chapter 14 of the Municipal Code,.but may renumbered or relocated from time.to time. The storm water management requirements of the Municipal Code 1 June 18, 2025 �1 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title change from time.totime, with the Property owner receiving public notice as required by law. Compliance with changing requirements is subject:to applicable law: RESPONSIBLE PARTIES . The owners) ofthe Property- jointly and severally if, concurrently having more than one owner, are responsible for maintaining the Property in the manner in Agreement: The benefits, and. burdens. of this Agreement are attached to and run with the land,_ and so also apply to heirs, successors m'mterest, and assigns, 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; 2. Catch Basins; and 3. Wet Ponds. -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, or more often if required bylaw. 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'/2) 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,maint'enance 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 biofilteris- installed/constructed, then biofiltermaintenance 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 vegetationwhen 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. 2 June 18, 2025 - 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 maximizefiltration of runoff. If . . occasional mowing is necessary, the mowing height must not be less'thau 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 may 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 withlocal 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 requestedstorm 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 notexclusive, 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 discretionary inspections and corrections of grading and drainage plan deficiencies. The City of .Oshkosh will 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, renumbered, or moved, from time to . time, are subject to reimbursement from Property owners, jointly and severally, or through encumbrances on the Property itself.. Reimbursement remedies, includeplacing 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 and this Agreement are for the benefit of the Property and the City of Oshkosh. This Agreement.is not intended to. benefit other persons and entities, and there are, no third-party.b.eneficiaries. RECORDING -.. This. agreement shall be recorded with the land records of the Winnebago County,. Wisconsin, Register of Deeds. United Cooperative, shall bear the cost of recording this document:. AMENDMENTS - Amendments to this Agreement must be in writing in a form acceptable for recording by the. Winnebago County Register of Deeds.. SIGNATURES ON FOLLOWING PAGE: 3 CITY OF OSHKOSA STORMWATER MANAGEMENT FACILITY. . _ MAINTENANCE AGREEMENT Document Numb2L____jl Document Title . For the Owner/Develoaer: UNITED COOPERATIVE way - Managing Member Print Name STATE OF WISCONSIN ) ss. WINNEBAGO COUNTY ) N pp Personally came before \9�,Ab m i day of 3 �� ,-2025, the above named -nti��. C-�--%C.0 , to " me known to be suc\4*XW3 * y ;red the foregoing instrument and acknowledged the same, for the purpose herein contained. ®.8�y '.to s'tLt y VIO Z Public, State of Wisconsin X •. O `� My Commission expires: q V kO J•o 3-5 For the City of Oshkosh: 1iii�N1111W``������ Rebecca N. Grill, City Manager Diane M. Bartlett, City Clerk STATE -OF WISCONSIN ) ss. WINNEBAGO COUNTY ) Personally came before me on this day. of U v� 2025, the above named, Rebecca N. Grill and Diane M. Bartlett, to me known to be the persons who ecuted-the foregoing instrument and acknowledged, the-: same. Notary blic,.State of WiscWsou My Commission.expires: - Approved as to form: j PorensonT,Attom4eyL_ This document was drafted -by: David J. Praska . Deputy City Attorney Oshkosh; =WI54903-1130: 4 June 18, 2025 . EXHIBIT. A LEGAL DESCRIPTION The SWIM of the S W 1 /d of Section 33. Township IS North, Range .I G East, in the Town of Algoma. Winnebago County, Wisconsin. excepting therefrom the four following described imcts of land: I. Commencing It Southwest corner of said SW 1/4: thence East, along the. South. lisle of said SW 114.2 rods. thence Northwesterly to the Northwest corner of said SW 1/4 ofthe SWl/4: thence South, along the West line orsaid SW1/4 of the SW 1/4..10- the 'place of beginning..' 2. That portion thereof lying South and East of the Northwesterly line of the former right of wav ofthe Chicago.'Milwaukee, St. Paul and Pacific Railroad. 3. 'That portion thereof heretofore conveyed to Winnebago County by Deed recorded. in Vo1..107.1. Pg. 447. 4. That portion thereof heretofore conveyed to the Slate of Wisconsin; Department of Transportation by Deed recorded as Doc. No. 12,18967. Tax Parcel No.002-0413 Property Address: 25i0 Clairville Road, Oshkosh, WI 54904 (for informational purposes only) EXHIBIT A (1 of 1) 4 10 0 e 1I8IHX3 1111111 141111 1 000,_.fmo - -cum- -,Mamo qodou� I I I "All 69, zz_ F -7, [,,1 V A 0i g0z- A a V#_ N, KA. M iflkgn'o.tR' .__-_ n jA jC3Yu, ���I IT 1! It V T. Ml,Wll .1 ,rW_, 0 ",.- 1� ".1--lall....1-ac = -1 E ­ '.., , g NO - v .......... 401, ij .40, 4 F Nm1*r)r)MpRi;:r RR V p e I vi I' y? .............. A I V11, A gi M,­ Pf x a �hllz g g/ spa a W 'I \y W1, "'Vfi—," Oil J w: � Ir , gv. 9 M., 1)L TI: CD N Own ..... ..... 4 lzr �.q;; co 2XI . . . . . . . . . . %mum, IN- .......... ........... ............... �Tvo q X is m inlo II i., P 41 UZ q 2 . M CM E.glmemg COOPERATING land SurveyingUNITED Landwapa AICNIMCMe 25SO CLAIRVILLE ROAD TOPOGRAPIUC SURVLY CITY OF OSHKOSH 041 Ulm WZNNBBAGO COUNTY, WISCONSZN Inspection &-Maintenance' Log Catch Basin / Proprietary Device Inspection: Year: . Name of Site: Address: Inspector: Company: . Municipality Contact: Phone: *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 Date Storm Date -Storm 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): Type of unit(s) Design Pumping Frequency Dates Pumped Pumper Disposal Location Page 1 of 1 EXHIBIT C (1 of 5) .Rev. W12212008 i Inspection &: Maintenance. Log Detention Basin Inspection Year: Name of Site:.: Address: Inspector: Company: Municipality Contact: Phone: * Facility owner is responsible .for inspecting, maintaining; .and repairing.facility components after any . majorstorrri 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 Date Storm Date Storm Date Maintenance Action 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- Inspect_ ion & Maintenance .Log Detention Basin - Storm Storm Storm. Inspection Item DDate Date Maintenance Action Date ate 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 C_ (3 of 5) ..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 EXHIBIT C (4 of 5) Rev. 02/22/2008 .2. Outlet = Erosion or.Backcutting " Debris in Culvertor Trash Rack Undermining/Scour Inoperable control valve Inoperableflap 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 C (5 of 5)