The URL can be used to link to this page

Home My WebLink About1961660 - City of Oshkosh Stormwater Management Facility Maintenance Agreement - OASDCITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title The City of Oshkosh, the Governing Body, and the Oshkosh Area School District, the Property owner, along with their successors and assigns, are the parties to this Agreement. The purpose of 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 the 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. CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: —Oshkosh Area -School -District- - - - - PO Box 3048 Oshkosh, W154903-3048 GOVERNING BODY: City of Oshkosh PROPERTY SUBJECT TO THIS AGREEMENT DOC# 1961660 RECORDED ON: REGISTER OF DEEDS RECORDING FEE: 30.00 PAGES: 8 Recording Area Name & Return Address: Oshkosh City Attorney's Office PO Box 1130 Oshkosh, WI 54903-1130 Tax Parcel Numbers: 91500680000 The Property subject to this Agreement is located at 108 W. New York Avenue in the City of Oshkosh, Winnebago County, and is more particularly described as follows: Lots 1, 2, 3 and 4 of Block `B" and Lots 1, 2, 3 and the South 10 feed of Lot 4 of Block "C" in EIGHME, READ and KENNEDY'S PLAT, in the Fifteenth Ward City of Oshkosh, excepting therefrom the North 120 feet of Lot 3 of said Block "C", subject to rights granted over the South 10 feet of the East 8 feet of Lot 4 of said Block "C" by Instrument recorded as Document No. 592341. The part of TENNESSEE AVENUE (now vacated) lying between the East line of Kentucky Street and Central Street, in the Fifteenth Ward, City of Oshkosh. 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 _-goverrimental_unity_in.the Property's stormwater facilities and features. The approvedgrading 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 "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. January 13, 2026 Document Numl RESTRICTIONS CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Title In addition to compliance with the grading and drainage plan, 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, but may be renumbered or relocated from time to time. 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. Compliance with changing requirements is subject to applicable law. RESPONSIBLE PARTIES The owner(s) of the Property, jointly and severally if concurrently having more than one owner, are responsible for maintaining the Property in the manner described in this Agreement. The benefits and burdens of this Agreement are attached to and run with the land, and so also apply to heirs, successors in interest, and assigns, The Property owner's responsibilities include maintaining approved vegetation; grading, drainage, grid storm water facilities on the Property. STORM WATER FACILITIES The Property's storm water facilities consist o£ 1. Catch Basins; and 2. 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, 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'/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. 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. January 13, 2026 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 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 welt 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 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; r' 3. The remedies described herein intended to.achieve compliance are not exclusive, and may>be -cuiriulative. The City may utilize one or more lawful actions it deems appropriate to enforce this Agreement and/or the Municipal; Code. n, 4. The Property owner grants to the City of Oshkosh a limited, nonexclusive easement in perpetuity,.bver the Property for the purpose of discretionary inspections and corrections of grading and drainage plan-deficeiicies.'- 'Tlie City of Oshkosh will use only that part of the Property reasonably necessary to allow the inspection, maintenance, 4.id/ot rrepair 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 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 _ _ __ _ -Rroperty_and=shalllbe=collected with_the_real estate_taxes `Notices of such.charges shall 1 e.provided as required by law._ 6. The storm,water management facilities and ihis'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 beneficiaries. RECORDING This agreement shall be recorded with the land records of the Winnebago County, Wisconsin, Register of Deeds. Oshkosh Area School District 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. January 13, 2026 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title By signing below, the undersigned represents and warrants that they are authorized to sign this Agreement on behalf the parties hereto. For the Owner/Develouer: OSHKOS ffA SCHO STRICT By: ,--'-Jais Fochs, j fie ;i4 STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this day of` ok 2026, the above named representing Oshkosh* ' dtr1Qistrict, to me known to be such p rson who executed the foregoing instrument and acknowledged the `�at,ff�•,t 9t,herein contained. "• pTARY ' iu. ' �G ? 3 Notary Public, State of is nsin n N ; PUgL ,•C? My Commission expir s:- For the City of Oshkosh O OF Vy Rebecca N. Grill, City -Manager a Salinas, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me on this day of FP , 2026, the above named, Rebecca N. Grill and Darla Salinas, representing the City of Oshkosh, to m� to be the persons who executed the foregoing instrument and acknowledged the same. Notary Poblic, State of Wisco si `�� My Commission expires: I ` � % %......x Approved as to form:rrj Date: 7i t i I z0�. O o tG4 i -n • • I David J. Praska, Interim City Attorney °� .,`S%� .°•k•••. d��tr+�111111�� This document was drafted by: Amy Vanden Hogen Assistant City Attorney Oshkosh, WI 54903-1130 4 January 13, 2026 a� R t KEMUCKY STREET "C c J- 'Y:�111111111 •:ti � -� �': l dh i; m` IV1 x \ $ \J YERRLLl �� s / ��/ I : •YL - Pi 'L " l - -' ` .Is_ ........ ...... mo - ' /1 g - ,.. aYJ,✓1� ,,, s �, `�Tl�v _....... ....... .... _ a :. ........... ....._... . y' -��1 CENTRAL STREET CENTRAL STREET I � 8� I i L_ —._.—. ___.. _..._.....J Z m m CD I m KlIg sego a ,s gHM eNo Ra a. a HF?�2r §ogqSR u Q gm@ c m b5 `4Aad �m Cm � z e ®L ISSUED FOR CONSTRUCTION Jy W O Civil Engineeri ng OSHKOSH AREA SCHOOL'D�ISTRICT d k � y N m 21 fill 9g y Sggg�€9��Nz�z y gg.'a x4 44AY y L fi, a Sa a 5 , e ISSUED FDi Q Am O Point ^Igeglnning ti O y LAX;, gAX;,i 3^=_ Jq$Snca e�a�'s33sfzms^ �8 ..p 88^6PgMUM S FF Sx 4 3 '' S Mil 4aq�u UJ Job $ pF Sw C^s 'r�^ m� $sa a 2 CnNSTRUCTIMN - Civil Engineerin Land Surveyingg Landscape Architecture OSHKOSH AREA SCHOOL DISTRICT VEL PHILLIPS TRACK & FIELD EROSION CONTROL PLAN a 5 e 4941 KtsthWg Cant CITY OF OSHKOSH ' stavmo Point. W15u' 715.344.9979 (PH) 715.3M.9913 (F%I WINNEBAGO CO. WISCONSIN f $ R 6 EXHIBIT A (2 of 3) Stilly `'x Point ^16egT-Ing 4 1 1 it � �� I �ii KENTUCKY STREET, 'g � I' j � mz ' z m m m ff qd _0t;vyo , Fi -'.' 9 P�a i$ i i i�a tla 1=:_ Ye EF= Pe� "sa s'gq&g a-= PZ aaly yy'ae S"x � �Pi tltl e a :a. I- r Im " i +Pa2 3"9 CE7iNTRAL TREET I I— �� EF I 1 I C I ,s g^aF��2o= g $i g� 3 3 � cii igg4ap�Es�sa•"�o`-�i�;r� O V a D 0 I I g� 3= qnR E Rk C 4 S (pull(Ill ��F�l�a � II TSSTTRn FOR CONSTRUCTION Civil Engineering' Land Surveying Landscape Architecture OSHKOSH AREA SCHOOL DISTRICT VEL PHILLIPS TRACK & FIELD UTILITY PLAN Talsklal a 4941 n.hbgCo� CITY OF OSHKOSH a st.-. Point Wl s//BI 7I5]I19999IPHI 715]//.9913jFX, WINNEBAGO CO., WISCONSIN s c ir,Rt11I511 A 0 OI JJ 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 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) Dates Pumped Pumper Design Pumping Frequency Disposal Location Page 1 of 1 Rev. 02/22/2008 EXMBIT B (1 of 1)