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HomeMy WebLinkAboutCasey's Meadow, LLC and Thomas N. Rusch CITY OF OSHKOSH 1 5 4 1 8 7 5 STORMWATER MANAGEMENT FACILITY REGISTER'S OFFICE MAINTENANCE AGREEMENT WINNEBAGO COUNTY, WI Document Number Document Title RECORDED ON 06/14/2010 11:17AM JULIE PAGEL REGISTER OF DEEDS As a consideration for approval of the plat for the development referenced herein, and to ensure that the development conforms to the applicable storm water standards, the City of RECORDING FEE 31. 00 Oshkosh and the property owners identified in this document, their successors and assigns, TRANSFER FEE agree to the terms described in this document. # OF PAGES 11 CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Casey's Meadow, LLC and Thomas N. Rusch GOVERNING BODY: City of Oshkosh Recording Area PROPERTY SUBJECT TO THIS AGREEMENT Name & Return Address: City of Oshkosh Department of is Works The area outline on Exhibit "A" attached hereto is the area responsible for the maintenance 215 E. Church Avenue obligations under this Agreement. PO Box 1130 Oshkosh, WI 54902 -1130 LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS AGREEMENT Tax Parcel Numbers: See Exhibit "B" attached hereto. PURPOSE There are three (3) primary purposes of this agreement. They are: 1) to notify property owners, and potential property owners, that this Agreement and Chapters 24 and 30 of the Oshkosh Municipal Code place certain stormwater management responsibilities on each property owner; 2) to identify the specific stormwater facilities that currently exist and may exist in the future within the property; and, 3) to describe the minimum responsibilities of each property owner for maintaining the approved grading and drainage plan, which comprises the stormwater management system located within the identified property. RESTRICTIONS Regardless of the terms and date of this Agreement, the owners of property described in this Agreement shall always be subject to approved grading and drainage plan, and the stormwater management requirements of the Municipal Code, which are currently located in Chapters 24 and 30 of the Municipal Code. Except as described below, the components of the stormwater drainage system , except those located in any public right of way, shall remain in private ownership and therefore subject to private maintenance and repair. The current grading and drainage plan for the First Addition to Casey's Meadow South, as required by Chapter 30, and as approved by the City, is attached to this Agreement as Exhibit C, and is fully incorporated herein. Grading and drainage plans for subsequent land divisions within the boundaries of the Property Subject to this Agreement will be recorded, filed, and enforced when they are approved. The restrictions identified in this document shall also attach to all real property identified in this document. The restrictions relate to stormwater management and, therefore, directly benefit the Owners of the Property Subject to this Agreement, and to the City of Oshkosh. This document shall be identified on and fully incorporated within the plat for the First Addition to Casey's Meadow South subdivision and shall be identified on and incorporated within all subsequent plats and land divisions within the legal description and map stated above of the Property Subject to this Agreement. CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title RESPONSIBLE PARTIES Each property owner within the Property Subject to this Agreement, and their heirs, successors, and assigns, is individually responsible for maintaining their property in conformance with the approved grading and drainage plan. All owners of property within the Property Subject to this Agreement, and their heirs, successors, and assigns, directly benefit from and therefore are collectively responsible for maintaining the larger stormwater facilities described below. Specifically: 1. Each property owner shall be responsible for ensuring that their specific property conforms to the approved grading and drainage plan. Specifically, property owners shall be wholly responsible for maintaining approved vegetation, grading, and drainage on their property. This responsibility exists regardless of the identification of any areas as a public drainage or access easement. The only exception, or limitation, of this responsibility is identified in paragraph 2, below. The failure to maintain individual property as required will result in the City of Oshkosh performing the necessary maintenance, after notice, and obtaining payment for such maintenance costs pursuant to the Special Charge procedures identified in the Wisconsin Statutes and described in this Agreement. 2. All owners of property within the Property Subject to this Agreement, and their heirs, successors, and assigns, are collectively responsible for the maintenance of the following: a. The approved grading and drainage identified on Outlots 1 and 2, and the public easement for drainage and access comprising the "East Pond" in Exhibit A, attached hereto, and more specifically described in the Plat for Casey's Meadow South, recorded with the Winnebago County Register of Deeds in File 4, Page 52, on January 16, 2006. Included within the collective maintenance responsibilities of the property owner(s) are pipes, culverts, manholes, inlets and related structures, but only those within the boundaries of the identified Outlots and East Pond. b. The approved grading and drainage identified as the public easement for drainage and access comprising the "West Pond," which are generally identified on Exhibit A, attached hereto, and the "West Pond" is more particularly described in this Agreement. Included within the collective maintenance responsibilities of the property owner(s) are pipes, culverts, manholes, inlets, and related structures, but only those within the boundaries of the "West Pond," and the entire overflow area from the "West Pond" to the future Outlot 3 c. The City of Oshkosh shall be responsible for maintenance of grading and drainage in the right of way. The City shall also be responsible for maintenance of drainage pipes, culverts, manholes, inlets, and related structures within public drainage and access easements, except those structures within the property identified in 2.a. and 2.b., above. d. In those cases when, in the City's judgment, the collective maintenance responsibilities of property owners described in this document have not been performed, then the City may undertake such maintenance activities and charge the property owners identified in this Agreement as benefitting from the approved grading and drainage plan. Should the current Property Owners subdivide any part of the Property Subject to this Agreement, the obligations under this Agreement shall devolve upon the individual purchasers of the subdivided parcels, and their heirs, successors, and assigns. Therefore, the City shall charge property owners for stormwater maintenance in the following manner: the total cost of maintenance shall be divided equally by the number of lots in the owners' approved preliminary plat, which is currently one hundred eighty two (182), with the individual lots developed within the Property Subject to this Agreement each being charged 1/182 of the costs, and the balance for the lots not devolved charged to Casey's Meadow, LLC or Thomas N. Rusch, or their heirs, successors and assigns. The number of lots in an approved preliminary plat may be altered upon the filing of an Addendum to this Agreement signed by the development's Owners and the City of Oshkosh, without the approval of the property owners to whom the lots have devolved. The division of costs and special charge procedure shall exclude property owned by the City of Oshkosh for right of way purposes. CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title WEST DETENTION POND The drainage and access easement within which the "West Detention Pond" is located, and for which the property owners will have a collective maintenance responsibility, is within the County of Winnebago, Wisconsin, City of Oshkosh, and more particularly described as follows: Commencing at the west quarter corner of Section 29, T18N, R16E; thence S00 °07'37 "W, along the west line of the southwest quarter of said Section 29, 1561.09 feet to the southwest corner of Lot 2 of Certified Survey Map No. 3944; thence S89 °52'27 "E, along the south line of said Lot 2, 450.27 feet to the northwest corner of Outlot lof Certified Survey Map No. 3944; thence S00 °07'37 "W, along the west line of said Outlot 1, 125.73 feet to the point of beginning; thence N82 °13'05 "E, 288.97 feet; thence S83 °35' 11 "E, 96.60 feet; thence N60 °19'24 "E, 388.57 feet; thence N76 °04' 17 "E, 465.31 feet; thence N45 °31' 15 "E, 639.23 feet to the westerly line of Second Addition to Casey's Meadow South; thence S44 °28'45 "E, along the westerly line of Second Addition to Casey's Meadow South, 63.77 feet to the northerly line of Outlot 1 of Casey's Meadow South; thence S41 °56'57 "W, along the northerly line of said Outlot 1, 192.47 feet; thence S51 °20'08 "W, along the northerly line of said Outlot 1, 186.18 feet; thence S41 °38'33 "W, along the northerly line of said Outlot 1, 192.28 feet; thence S52° 13' 19 "W, along the northerly line of said Outlot 1, 152.77 feet; thence N89°04'19"W, along the northerly line of said Outlot 1, 110.13 feet; thence S15 °55'31 "E, along the westerly line of said Outlot 1, 15.67 feet to the southerly line of Lot 3 of Certified Survey Map No. 4762; thence N89°04'19"W, along the southerly line of said Lot 3, 132.84 feet to the east line of Lot 2 of Certified Survey Map No. 3944; thence S00 °06'26 "E, along the east line of said Lot 2, 111.11 feet to the centerline of Sawyer Creek; thence S82° 13' 10 "W, along the centerline of Sawyer Creek, 212.82 feet; thence S50 °52'04 "W, along the centerline of Sawyer Creek, 904.42 feet to the southwest corner of Outlot 1 of Certified Survey Map No. 3944; thence N00 °07'37 "E, along the west line of said Outlot 1, 483.49 feet to the point of beginning. INSPECTION AND MAINTENANCE Both the Owners and the City anticipate that the Property Subject to this Agreement will be divided in the future. A copy of the Drainage, Grading, and Erosion Control Plan for the First Addition to Casey's Meadow South is attached to, and incorporated in, this Agreement as Exhibit C. Drainage, Grading, and Erosion Control plans for subsequent subdivision of the Property Subject to this Agreement will be recorded upon their approval by the City. Commencing at the execution of this Agreement, all owners of Property Subject to this Agreement shall be responsible for the "collective" maintenance responsibilities identified in paragraphs 2.a. and 2.b., above. Responsibilities for individual lots shall only commence when a specific grading and drainage plan is approved for each phase, section, or division. Each property owner is responsible for inspecting and maintaining property for which they have individual and collective responsibilities as described in this document. All components of the stormwater system shall be inspected at least semiannually in early Spring and early Autumn, and after major storm events. Repairs shall be made whenever the performance of a stormwater control structure is compromised. Soil erosion, clogged or damaged inlets, sedimentation of the pond, rilling of side slopes, and other compromised features of the stormwater system are examples of items requiring repair work. When the depth of water in a wet pond diminishes below three feet, the efficiency of the pond decreases, and dredging operations are required to remove the excess sediment. The stormwater ponds must retain the safety shelf and the integrity of the pond liner after dredging. Damage to the safety shelf or pond liner must be repaired to preserve the safety and operation of the facilities. Dredged material may require special handling dependent upon current Wisconsin Department of Natural Resources disposal practices. When requested, the owner shall make available for inspection all maintenance records to the department or agent for the life of the system. ENDANGERED RESOURCE PROTECTION The above - described property is in an area where Blanding's Turtles are known to reside and nest. Each property owner is responsible for ensuring that all applicable federal, state, and local laws and codes relating this animal are complied with in relation to the property they own. Nesting periods for this turtle occur in late May or June, and nesting typically takes place in sandy areas but can occur in other soils. CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title To avoid potential impacts to nesting turtles and turtle nests, owners should be aware of the potential of the Blanding's Turtle presence before performing yard work. Lots with back yards facing Sawyer Creek (south of Casey Trail) are most likely to see the Blanding's Turtle. Mowing high grass must include a walk - through, or survey, prior to mowing to determine if there are turtles present in the work area. Any Blanding's Turtles found must be either left undisturbed, or moved by a qualified herpetologist familiar with this species and its life history. Removed turtles shall be returned to suitable habitat adjacent to Sawyer Creek in order to avoid incidental take (killing of a Blanding's Turtle). PROHIBITIONS Mowing in buffer areas, pond banks and drainage ways will be minimized in order to maximize filtration of runoff. If occasional mowing is necessary, the mowing height will be no shorter than six inches. Applications of fertilizers, herbicides, pesticide or other chemical applications are prohibited in buffer areas, on pond banks and along drainage ways. DUTY TO PROVIDE MAINTENANCE In the event the responsible party fails to perform any obligations to maintain the approved grading and drainage plan, the City of Oshkosh shall have the authority to enter private property to inspect, maintain, repair, reconstruct, and/or modify, at its sole discretion, all components of the approved grading and drainage plan, including stormwater system structures and facilities. In the event that the City of Oshkosh undertakes any actions allowed by this Agreement or required by the Municipal Code to ensure appropriate and necessary storm water facilities, each responsible party grants to the City of Oshkosh an easement in perpetuity over their property for the purpose of reasonable and necessary access to any storm water management facility that may be located on or within any property described in this Agreement. The City of Oshkosh shall use only that part of a property that is reasonably necessary to carryout the inspection, maintenance, and/or repair of the stormwater management facility. In such an event, all associated costs of enforcing this Agreement and/or stormwater management requirements of Chapter 30 of the Municipal Code, as may be amended from time to time, will be levied against the respective lots and/or property as a special charge pursuant to Sec. 66.0627 Wis. Stats. Said charge shall be a lien on the property and shall be collected with the real estate taxes. This provision constitutes the property owners', and any respective lot owners, waiver of notice of hearing otherwise required by Section 66.0703 of the Wisconsin Statutes. The stormwater management facilities shall be for the benefit of the City of Oshkosh and all property owners within the property described in this agreement, but is not intended to benefit third parties who are not owners of the property described. RECORDING This agreement shall be Winnebago County, Wisconsin, Register of Deeds. Casey's Meadow, 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 owners of property within the subdivision, provided: 1) the amendment(s) are approved in writing by the owners of a majority of the lots 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. The recording of an Addendum altering the number of lots of an approved preliminary plat as noted in paragraph 2.d., of the Responsible Parties section, or approved Drainage, Grading, and Erosion Control plans for subsequent subdivision of the Property Subject to this Agreement shall not be considered an Amendment to this Agreement requiring approval of property owners other than those owning the subsequent particular development. CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT !Document Number Document Title SIGNATURES The undersigned agree to the provision set forth in this agreement. For the wner/Devel per: / For the Owner/Developer r i • , 1, Chet ` ' ese 'erg, Casey's Meadow L' Timothy T. us , Casey's Meadow LLC Title Ti , , / << lac/0 Date / Date Personally came before me on this /) day of JZut Cr -2010, the above named, Chet A. Wesenberg and Timothy T. Rusch, to me known to be the persons whom executed thq foregoingAstnuri@at and ackn9wledged the same. IVA A + Notary Publi State of Wisco My commission expires: `7 l8' /) C For � e Tho usch Title :,,��� Date Personally carne b e f o r e me on this day of �' i '- 2010, the above named, Thomas . Rusch, to me known to be the person who executed the foregoing instrument and ac.. I owle` � :ed th _same. CODY JORGENSO ��`` Jb� � n �o`� Notary Public Not. P 'lie, Statj of N t, (. • State of No Dakota My I • ission ex. ir- : Mw Z:: - CC For the City of Oshkosh: My Commission Expires Map 20, 2016 r;-.7(4.41- c 1 ' ic3 Mark A. o off, City Manager Pamela . Ub ' ity (./ ;t/f acts L C - 1 C� Date ' Date Personally came before me on this 1 T day o , 2010, the above named, Mark A. Rohloff and Pamela R. Ubrig, to me known to be the persons who exec ed the f• going instrument and acknowledged the same. • . ry Public, " e of WO onsin My commission expires: 47- A. lived as t• orm: I ,► AA .J. jj\ it Aai Lorensan, City ttorney (p - ,o Date This document was drafted by: David J. Praska Assistant City Attorney Oshkosh, WI 54903 -1130 EXHIBIT A CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT ����� __ __ _ --' ---- ~ T--'--T ------ ---7 ri----� ' | / | | ' ■ | | | | IF 0 ---- | � 1 | ' m=mmWI N / � __ I 1 | �— • & TOTAL BAILEY TRAIL I \ I I ' \ NIIIII 0 SHELBY DR VE .\ i • \ )11 . i . ,.. % IIIIIVA 0 •4 ..-...11Illos PLANNED ADDITIONS — MEADOW SOUTH ; \ I TO • SO 0 . . 7 1 . \ : 0 --0,11,0 SAGE LANE liill11111111 / lion F .„ 21 ( C1,4* 440, EL 53 23 # ,.. : \ '. '''..'' _ • - .,'::;s ..._. "t , \ 1 1 I 1 OWNERSHIP 7 C 75' 150' 300. RESPONSIBLE FOR INC. G i GKEMMER """""="" "°"=`""^ Stevens Nara . Fora ~ Lau .Lakeville Exhibit B CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Part of the Southwest Quarter of Section 29, T18N, R16E, including part of Lot 3 of Certified Survey Map No. 4762, all of Outlot 1 and part of Lot 2 of Certified Survey Map No. 3944, described as follows: Commencing at the west quarter corner of Section 29, TI 8N, RI6E; thence S00 °07'37 "W, along the west line of the southwest quarter of said Section 29, 1561.09 feet to the southwest corner of Lot 2 of Certified Survey Map No. 3944; thence S89 °52'27 "E, along the south line of said Lot 2, 33.00 feet to the existing east right -of -way line of Clairville Road and the point of beginning; thence N00 °07'37 "E, along the existing east right -of -way line of Clairville Road, 66.00 feet to the southwest corner of Lot 1 of Certified Survey Map No. 1982; thence S89 °52'27 "E, along the south line of said Lot 1, 295.04 feet to the southeast comer of said Lot 1; thence N00 °08'59 "E, along the east line of said Lot 1, 295.16 feet to the northeast corner of said Lot 1; thence N89 °52'27 "W, along the north line of said Lot 1, 77.36 feet to the southeast corner of Lot 1 of Certified Survey Map No. 2712; thence N00 °07'37 "E, along the east line of said Lot 1, 128.27 feet to the south line of Lot 1 of Certified Survey Map No. 3944; thence S89 °52'41 "E, along the south line of said Lot 1, 318.76 feet to the southeast corner of said Lot 1; thence N00 °06'49 "E , along the east line of said Lot 1 and the east line of Lot 1 of Certified Survey Map No. 1929, 647.25 feet to the southeast corner of Certified Survey Map No. 5132; thence N01 °16'06 "W, along the east line of said Certified Survey Map No. 5132, 416.15 feet to the north line of the southwest quarter of said Section 29 and the northeast corner of said Certified Survey Map No. 5132; thence S89 °01'05 "E, along the north line of the southwest quarter of said Section 29, 1553.11 feet to the northwest comer of Lot 1 of Casey's Meadow South; thence S00 °58'55 "W, along the west line of said Lot 1, 120.00 feet to the southwest corner of said Lot I; thence S24 °48'51 "E, 66.64 feet to the northwest corner of Lot 20 of Casey's Meadow South; thence S00 °58'55 "W, along the west line of said Lot 20, 120.00 feet to the southwest corner of said Lot 20; thence N89 °01'05 "W, along the north line of Outlot 2 of Casey's Meadow South, 360.00 feet to the northwest corner of said Outlot 2; thence S00 °58'55 "W, along the westerly line of said Outlot 2, 128.02 feet; thence S30 °04'41 "E, along the westerly line of said Outlot 2, 98.68 feet; thence S44 °28'45 "E, along the westerly line of said Outlot 2, 150.00 feet; thence N45°31' 15"E, along the southeasterly line of said Outlot 2, 340.86 feet to the northwest corner of Lot 16 of Casey's Meadow South; thence S46 °06'38 "E, along the southwesterly line of said Lot 16, 151.07 feet to the southwest corner of said Lot 16; thence S21 °23' 17 "E, 65.28 feet to the northwest comer of Lot 15 of Casey's Meadow South; thence S43 °09'28 "E, along the southwesterly line of said Lot 15, 198.94 feet to the southwest corner of said Lot 15 and the northwesterly line of Outlot 1 of Casey's Meadow South; thence S61 °30'45 "W, along the northwesterly line of Outlot 1 of Casey's Meadow South, 45.92 feet; thence S44 °27'28 "W, along the northwesterly line of said Outlot I, 82.87 feet; thence S69 °01' 19 "W, along the northwesterly line of said Outlot 1, 145.85 feet; thence S41 °56'57 "W, along the northwesterly line of said Outlot 1, 322.51 feet; thence S51 °20'08 "W, along the northwesterly line of said Outlot 1, 186.18 feet; thence S41 °38'33 "W, along the northwesterly line of said Outlot I, 192.28 feet; thence S52 °13' 19 "W, along the northwesterly line of said Outlot 1, 152.77 feet; thence N89 °04' 19 "W, along the northwesterly line of said Outlot 1, 110.13 feet; thence S 15 °55'31 "E, along the northwesterly line of said Outlot 1, 15.67 feet to the southwest corner of said Outlot 1 and the south line of Lot 3 of Certified Survey Map No. 4762; thence N89 °04' 19 "W, along the south line of said Lot 3, 132.84 feet to the southwest corner of said Lot 3 and the east line of Lot 2 of Certified Survey Map No. 3944; thence S00 °06'26 "E, along the east line of said Lot 2, 111.11 feet to the southeast corner of said Lot 2 and the centerline of Sawyer Creek; thence S82 °13' 10 "W, along the southerly line of said Lot 2 and the centerline of Sawyer Creek, 212.82 feet to the southeasterly line of Outlot 1 of Certified Survey Map No. 3944; thence S50 °52'04 "W, along the centerline of Sawyer Creek and the southeasterly line of said Outlot I, 904.42 feet to the southwest corner of said Outlot 1; thence N00 °07'37 "E, along the west line of said Outlot 1, 609.22 feet to the northwest corner of said Outlot 1 and the south line of Lot 2 of Certified Survey Map No. 3944; thence N89 °52'27 "W, along the south line of said Lot 2, 417.27 feet to the point of beginning. 01o1o1.nwc REVISED: 06 /30/2006 PLOT SCALE: 7 -2 (HALF -SIZE) r0 C O Y %N O 1 p 8 g Z Z Z Z I p N ON m 8 1 y � i i i �y� N 6 0 O A _ n S S F N Z O T m m a u p w N VI :2 � <a Zy o c U _ G ° NNN c 1 N Cy C 8 m A i C T c m r AIL - 1� N 8 r u o P u Z p O N S A ^ S O l . 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