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HomeMy WebLinkAboutDeclaration/Cross Access Easements Storm Water • Q�-•aisra l— cif- C:erL. o0- Co r6 `tee/. cop./ — Ci+! A 1111111111111111111 3/2//2 DECLARATION OF CROSS ACCESS EASEMENTS, 8 0 0 4 5 4 3 STORM WATER CONTROL AND MAINTENANCE TX:4002724 1.594521 Document Number Document Title REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 02114/2012 12:16 PM JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 30,00 Recording Area Name and Return Address City Attorney Office P O Box 1130 Oshkosh WI 54903-1130 90102030000 90102020000 90102010000 90102000000 Parcel Identification Number (PIN) DECLARATION OF CROSS ACCESS EASEMENTS, STORM WATER CONTROL AND MAINTENANCE This instrument drafted by: Attorney David J.Praska Oshkosh,WI 54903-1130 DECLARATION OF CROSS ACCESS EASEMENTS, STORM WATER CONTROL AND MAINTENANCE RECITALS 1. This Declaration is made this ;. day of February,2012,by the City of Oshkosh,a Wisconsin Municipal Corporation and the Redevelopment Authority of the City of Oshkosh(collectively,the Declarant). 2. The Declarant is the owner of the following real property(individually,the"Lot,"and collectively,the "Property"): Lots 1,2, 3, and 4 of Certified Survey Map Number 6553,located in the City of Oshkosh,Winnebago County, Wisconsin,and recorded with the Winnebago County Register of Deeds on August 8,2011, in Volume 1,Page 6553, as Document Number 1577796. 3. The Property is a part of a former industrial and commercial area within the City of Oshkosh that is the subject of redevelopment by the City of Oshkosh Redevelopment Authority and the City of Oshkosh. 4. A requirement of the redevelopment program is that the Property remain subject to the terms and conditions of the Amended and Restated Development Agreement dated July 29,2009 and recorded with the Winnebago County Register of Deeds on April 22,2010 as Document Number 1537381 (Development Agreement)after conveyance from the City to private parties. 5. City approval of the Property's current redevelopment plans for the Property were based upon a consideration of the whole even though each Lot will potentially be owned by separate private parties. As a result,approved plans included elements which affect individual Lots but have a common benefit to the Property as a whole. These common elements include infrastructure facilities such as street access,drive aisles, storm water drainage, and water quality features. 6. City approval of the Property's future redevelopment plans for the Property will also be based upon consideration of the whole even though each Lot will potentially be owned by separate private entities. 7. This Declaration is being executed by the City of Oshkosh as the current Property owner for the purposes of ensuring the completion and maintenance of approved redevelopment plans, continuing orderly development of the redeveloped areas, and protecting public investment in the Property after conveyance to future private ownership. 8. The terms, conditions,and Covenants identified in this Declaration shall attach to each of the four(4) Lots which are identified in the aforementioned CSM Number 6553. Each of the Property's four(4) Lots will receive benefits and burdens from the terms and Covenants of this Declaration. 9. The Declarant reserves common rights for the common facilities which benefit each Lot and are described in this document. The Declarant attaches responsibilities for the common facilities which burden each Lot described in this document. The Cross Access, Storm Water,and Bio-filtration easements described in this document are non-exclusive and perpetual for the purposes of circulation within the Property, ingress and egress between the Property and adjacent public streets,and maintenance of private storm water facilities within the Property,which include underground storm water and bio-filter facilities. COVENANTS 10. The terms of this Declaration are agreed upon in consideration of the mutual covenants,agreements, and reservations contained herein,and other good and valuable considerations,the receipt and sufficiency of which is hereby acknowledged. 11. This Declaration should be read and interpreted as a whole. Paragraphs identified as Covenants or Easements incorporate terms from other paragraphs. Recitals are included in and made part of the terms of this Declaration. 12. Designation of Coordinator for Common Interest Facilities a. Each owner of Lots 1,2,3,and 4 within the Property agrees with, authorizes, consents to,and agrees to pay their proportional share of,the maintenance,repair,and replacement of improvements within the areas of common interest as described in this Declaration. The area of common interest for all four Lots is the Cross Access Easement Area. The areas of common interest for Lots 1, 2,and 3 are the Bio-filtration Facilities Covenants/Storm Water Drainage Easement and Private Storm Water Easement described below. b. The owner of Lot 1 of CSM Number 6553 is responsible for the maintenance,repair,or replacement of improvements in all Areas of Common Interest("Coordinator"). These responsibilities may require,at various times and without limitation,inspections,surveying, engineering,acquiring permits,legal consultations,recording fees,costs for the construction, reconstruction, and repairs,including any paving,landscaping,re-striping,and removal of snow/ice and debris when necessary,and complying with the approved bio-filtration Operation and Maintenance Plan. c. Maintenance is to be interpreted broadly to include all work necessary to ensure that the improvements within all Areas of Common Interest remain in a good,clean, safe,and serviceable condition at all times. d. The owners of each Lot are expected to cooperate with each other regarding the improvements and facilities in the Area(s)of Common Interest to their Lot in the maintenance,repair,replacement, and snow/ice and debris removal. Each property owner authorizes and grants to the Coordinator the sole discretion to take all necessary steps to ensure that any work necessary in the Areas of Common Interest is done so in a timely,efficient,and reasonable manner. In the event the Coordinator fails or refuses to act within a reasonable time,one or more of the remaining Lot owners may seek any available legal remedy to enforce the terms of this Declaration. e. Each Lot owner grants to the Coordinator,and the Coordinator's agents,surveyors,engineers, contractors and subcontractors the right to enter upon any part of Lots 1,2,3,and 4 for the purpose of performing the work authorized or required by this Declaration. The Coordinator's use of Lots 1,2,3,and 4,outside of the Areas of Common Interest as defined in this Declaration must be related to an authorized purpose and shall not materially interrupt the individual Lot owner's use of their property unless no other reasonable alternative exists. The Coordinator shall provide other Lot owners with reasonable notice before undertaking necessary maintenance and/or repairs that materially affect other Lot owners. f. The owner of each Lot shall be responsible for their proportional share of the costs incurred by the Coordinator for work performed according to this Declaration. The proportional share of each Lot owner shall be calculated based upon the square footage of each lot as identified in CSM 6553,or as modified in future CSM's. g. The Coordinator shall send invoices to each Lot owners for their portion of the costs of work performed according to this Declaration. Invoices may be sent monthly,quarterly,yearly,or any commercially reasonable time period. Payments shall be due upon receipt of any invoice.For larger projects,the Coordinator may,at their sole discretion,require prepayment(s)by each Lot owner of their portion of estimated or bid amounts received from contractors. h. The Coordinator shall receive a fee of ten percent(10%)of the total costs of work performed authorized or required by this Declaration. This fee shall be billed by and paid to the Coordinator by the Lot owners in the same proportional manner as the cost of the actual maintenance,repair, and replacement work performed according to this Declaration. 3 i. The Coordinator shall not acquire or assume any larger share of responsibilities and liabilities related to the areas of common interest because of their involvement in coordinating work to be done on or in that property. Such coordination is solely for the benefit and convenience of all owner(s)of Lots 1 -4. j. The owner of each Lot of the Property shall be responsible and liable for the Areas of Common Interest based upon the previously described proportional basis. k. The Coordinator shall make all paperwork relating to maintenance,repair,replacement,snow/ice removal,and other work performed according to this Declaration available for inspection to all other Lot owners upon request. Those requesting copies shall be responsible for reasonable costs of copying. 13. Area of Common Interest-Cross-Access Easement. a. Parts of Lots 1,2,3,and 4 of Certified Survey Map Number 6553 (Cross Access Easement Area) shall be subject to a perpetual,non-exclusive,cross access easement allowing internal traffic circulation and ingress and egress to/from adjacent public streets. The affected property is described as follows: Identified and described in the Map and Legal Description attached as Exhibit A,which is incorporated Into this Declaration as if fully restated here. b. The Cross Access Easement Area provides a benefit to each Lot,subject to the burdens described in this Declaration. c. The Cross Access Easement Area provides joint and common access to Pearl Avenue,Jackson Street,and Marion Road in manner that does not materially interfere with the similar access by others entitled to this benefit. d. The Cross Access Easement Area provides joint and common access and use of drive aisles in a manner that does not materially interfere with the similar access and use by others entitled to this benefit. e. Each Lot shall be responsible for their portion of the costs of work performed in the Cross Access Easement Area. For purposes of illustration,the Cross Access Easement Area is from the back of one curb of the drive aisle/driveway to the back of the opposite curb. f. Each owner of Lots 1,2,3,and 4 within the Property authorizes, consents to,and agrees to pay their proportional share of,the maintenance,repair,and replacement of improvements within the Cross Access Easement Area located within the Property and more specifically described in Exhibit A. g. Snow and ice shall be removed from the Cross Access Easement Areas in a timely and reasonable manner. Snow and ice may be removed to areas within the Property provided the Lot owner consents,the snow storage does not interfere with the use of the Cross Access Easement Area,and the storage does not violate any state or local rules. If snow storage areas are not available,then the snow shall be removed from the Property. 14. Area of Common Interest-Bio-Filtration Facilities Covenant/Storm Water Drainage Easement a. Bio-filtration facilities have been designed and installed to address storm water runoff and sediment issues for the collective benefit of Lots 1, 2,and 3. These facilities benefit and serve these three Lots as a whole even though the bio-filtration facilities may be located on one or more individual Lots. 4 b. Lots 1,2, and 3 of Certified Survey Map Number 6553 shall be subject to a perpetual covenant requiring the owner of each Lot contribute to the maintenance,repair,and replacement of bio- filtration facilities(Bio-filtration Areas) located as follows: Identified and described in the Map and Legal Description attached as Exhibit B,which is incorporated Into this Declaration as if fully restated here. c. The Bio-filtration Areas provide common benefits to each of the three identified Lots related to storm water runoff and sediment retention,subject to the burdens described in this Declaration. d. Each of the three Lots identified shall be responsible for their portion of the costs of maintaining, repairing, and replacing the facilities and improvements within Bio-filtration Areas. e. Each owner of Lots 1,2,and 3 within the Property authorizes,consents to, and agrees to pay their proportional share of,the maintenance,repair,and replacement of improvements within the Bio- filtration Areas located within the Property and more specifically described in Exhibit B. f. The improvements in the Bio-filtration Areas necessarily require that storm water travel across one or more Lots before reaching the Bio-filtration facilities. Each Lot owner agrees to allow storm water runoff from adjoining Lots travel across their Lot as outlined in the Master Grading and Erosion Control Plan attached with Exhibit C,as may be amended when the City of Oshkosh approves a site plan for the development of Lot 4,the further development of Lot 2,and/or changes to the existing Plan. g. Lot 4 is not included in this Bio-filtration maintenance agreement as it will develop its own bio- filtration and/or storm water drainage system upon the development of Lot 4. h. Except for that portion of their Lot within the Bio-filtration Areas,or as otherwise described in this document,each Lot owner shall be solely responsible for their property and improvements on their property. 15. Area of Common Interest-Private Storm Sewer Easement. a. A private underground storm sewer drainage pipe serving Lots 1,2,and 3 is located within parts of Lot 2 and Lot 3. The owners of Lots 2 and 3 grant an easement in the property to be described (Storm Sewer Easement)to Lots 1,2, and 3 for the purpose of storm water drainage. This Storm Sewer Easement affects the property described as follows: Identified and described in the Map and Legal Description attached as Exhibit D,which is incorporated Into this Declaration as if fully restated here b. Each owner of Lots 1,2,and 3 within the Property shall have access to the Storm Sewer Easement and the storm water facilities within the easement for the storm water drainage and discharge purposes from their individual Lot. All costs associated with connecting to or otherwise accessing the facilities in the Storm Water Easement from individual Lots shall be paid in the agreed upon proportional amount by each individual Lot owner. These costs include,but are not limited by, construction,connection,maintenance,repair,and returning the surface to a condition materially similar to its pre-construction condition. c. Each owner of Lots 1,2, and 3 within the Property authorizes,consents to, and agrees to pay their proportional share of,the maintenance,repair,and replacement of improvements within the Storm Sewer Easement located within the Property and more specifically described in Exhibit D. d. Lot 4 is not included in this storm sewer easement as it will develop its own storm water drainage system upon the development of Lot 4. 5 16. Each Lot owner is responsible for any damage to the Cross Access Easement Areas,the Bio-filtration Area,or to the Storm Sewer Easement caused by the negligent or willful acts of such Lot owner or others exercising the easement rights granted to such owner,including without limitation, damage caused by persons or vehicles using these Areas of Common Interest. All such damage shall be promptly repaired by the responsible Lot owner without charge to the other Lot owners. 17. Each Lot owner within the Property shall secure and at all times maintain a policy of public liability insurance with an aggregate policy limit of not less than one million and no/l00 dollars ($1,000,000.00)providing primary liability coverage for the owner's portion of the Areas of Common Interest and the owner's use of the Areas of Common Interest. 18. Each Lot owner shall exercise the rights granted in this Declaration in a reasonable manner and avoid any unnecessary interference with the use of the Areas of Common Interest by the other property owners,or customers or other guests or invitees of other property owners. The owner of each Lot shall be obligated to take such actions as may be reasonable necessary to prevent the parking of vehicles or the placement of other temporary or permanent obstructions in the Areas of Common Interest. 19. No Lot owner shall cause or permit the construction or installation of any structures or improvement that would have a material adverse effect on the use of the Areas of Common Interest. 20. This Declaration may require amendment(s)and modification(s)based upon the City-approved future development of Lot 4 and the continued development of Lot 2,and/or the change in local,state,or federal laws. All property owners agree to sign all amendments necessary to carryout the approved plans and/or changes in local, state,or federal laws. This Declaration may also be modified or amended for reasons not involving the development of Lots 2 and 4 upon the written consent of all property owners and the City of Oshkosh and the amendments prompt recording with the Winnebago County Register of Deeds. 21. The terms,conditions,and covenants of his Declaration,including all easements granted hereunder, shall be perpetual in term and shall run with the land and be binding upon and inure to the benefit of the owners of lots 1,2,3,and 4 and their respective successors,transferees and assigns. 22. This Declaration shall be interpreted according to Wisconsin Law. Venue of any dispute regarding this Declaration shall be Winnebago County,Wisconsin or in a federal court district serving Winnebago County,Wisconsin. This Declaration is being executed on the day and year first written above. CITY OF OSHKOSH Owner of the Property By: '"t'Cr_�., r`c ,f' _4(,- -.,., , M:r., A.Rohloff, City Manager By: �_ C, t Pamela R. .rig,City Clerk The signature of Mark A.Rohloff authenticated ..is J' day of F-bruary,2012. The signature of Pamela R. Ubrig authenticated thi O�"`day of Fe ary, 2012. ' -.--j). 6 REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH Owner of the Property r By: az. ` j� �vr t lien Davis, Executive Director 71i By. T omas B- ter, ' airman The signature of Allen Davis authenticated this 6 day of February, 2012. r , I dr, hal Atty. , n Lorenson p� The signature of Thomas Belter authenticated this t� day of February, 2012 Atty. nn Lorenso • / / _ NN)N. N N 70 till 4S. VROO'>7 11 \ I / 4, /ild o N/ �•\ \ v •, •Q�, o Q' R �/ -ice • 4r S' / .P.> LOT 2 o SCALE: 1' - 80' '1 LI c7 1275• ......--16.25. I 0 80' .W Vc 31.00' N '_N!- ( ) ea ci,' o SBA l 4) O Z N LOT4 c7 �s4� �---, �-- -) sor2o'11'EI 1 N86'39'43'E 266.15' 1 P.O.B. 15.50' m f 15.50' 11'E E CB D ) S88'39'43'W 257.39' 15�_ E1 J 4 1 C2 S .� $ I W C5 :, c3 41 i 11.26' L233 .60' L14. 53' LOT 3 c • R=9.39' R=39.81' R-12.47• I ^ • CD■S54'1842101 CD-S40.42'401Y CD-S31'44'121W Cl) CL=10.60' CL-32.81' CL-13.72' N CA-68'44'34' CA 48.21'35' CA=86'47.05' % I 0 M .7 C_4 CS Cff L-15.51' L-9.45' L-63.34' < ;o U N R-349.43' R-11.02' R-38.46' No N •L N CD=S89'50'06'W CD-N26'13'34'W CD-NO3'37.491V N m . BUILDING n CL=15.51' CL=9.16' CL=56.42• is CA-2'32'35• CA-49'06'48' CA-9421'15' m ew ICC N m L im R=19.44' IM if CD=N20'56'14'E CL-14.97 1275' G=45'1715' —18.25' 1113( 31.00' 9 1 _,./-,--______j ul C • S89'33'48•W 15.50' MARION ROAD \ _ I Drawn: CDH 7/20/2011 COM CROSS ACCESS EASEMENT EXHIBIT s4 Checked: a Ai,_ Approved: %n CERTIFIED SURVEY MAP X5.3 W PRQIECi CITY OF OSHKOSH 60100635 � 1035 Kepler Drive NUMBER FE Green Bay,WI 54311 - 9920. 8.1978 WINNEBABO COUNTY, WISCONSIN 6 Nu SHEET 1 OF 2 Copyright©2011. By:STS Consultant.. Ltd. CROSS ACCESS EASEMENT Part of Lots 1,2,3,&4 of Certified Survey Map number---, First Ward,City of Oshkosh,Winnebago County,Wisconsin,more particularly described as follows: Beginning at the Northeast corner of said Lot 3;thence S01°20'11"E, 15.50 feet along the east line of said Lot 3 and the west line of Jackson Street;thence S88°39'43"W,257.39 feet along a line parallel to and 15.50 feet from the north line of said Lot 3;thence 11.26 feet along a curve to the left having a radius of 9.39 feet and a chord of S54 01824"W, 10.60 feet;thence 33.60 feet along a curve to the right having a radius of 39.81 feet and a chord of S40°42'40"W,32.61 feet;thence 14.53 feet along a curve to the left having a radius of 12.47 feet and a chord of S31°44'12"W, 13.72 feet;thence S01°39'28"E, 192.66 feet along a line parallel to and 18.25 feet from the west line of said Lot 3 to a point on the south line of said Lot 3 and the north line of Marion Road;thence S88°33'48"W, 15.50 feet along the south line of said Lot 3 and the north line of Marion Road;thence along the south lines of said Lot 3 and Lot 4 and the north line of Marion Road 15.51 feet on a curve to the right having a radius of 349.43 feet and a chord of S89°50'06"W, 15.51 feet;thence N01°39'28"W,202.45 feet along a line parallel to and 12.75 feet from the east line of said Lot 4;thence 9.45 feet along a curve to the left having a radius of 11.02 feet and a chord of N26°13'34"W, 9.16 feet;thence 63.34 feet along a curve to the right having a radius of 38.46 feet and a chord of NO3°37'49"W,56.42 feet;thence 15.37 feet along a curve to the left having a radius of 19.44 feet and a chord of N20°56'14"E, 14.97 feet;thence N01°39'28"W,81.34 feet along a line parallel to and 12.75 feet from the east line of said Lot 4;thence N36°57'26"E,293.80 feet along a line parallel to and 13.50 feet from the east line of said Lot 1;to a point on the north line of said Lot 1 and the south line of Pearl Avenue;thence S53°02'34"E,27.00 feet along the north lines of said Lot 1 and Lot 2 and the south line Pearl Avenue;thence S36°57'26"W,277.93 feet along a line parallel to and 13.50 feet from the west line of said Lot 2;thence S01°39'28"E,77.41 feet along a line parallel to and 12.75 feet from the west east line of said Lot 2;thence S63°44'57"E,33.64 feet;thence N88°39'43"E,266.15 feet along a line parallel to and 15.50 feet from the south line of said Lot 2 to a point on east line of said Lot 2 and the west line of Jackson Street;thence 501°20'11"E, 15.50 feet along the east line of said Lot 2 and the west line of Jackson Street to the Point of Beginning. Said area contains 29,820 square feet or 0.685 acres more or less. m N i0 Drawn: CDH 7/20/2011 CROSS ACCESS EASEMENT EXHIBIT A Checked: AECOM Ci�5 Approved: CERTIFIED SURVEY MAP --- =EN 1035 Kepler Drive CITY OF OSHKOSH NUMB 60100635 Green Bay,WI 54311 s9 o468.197om 8 WINNEBABO COUNTY, WISCONSIN SHEET NUMBER 2 of 2 Copyright© STS 24,1, Br s Consultants, Ltd. N \ \\ \ \ \ N. . \ sN i i . \ ‘ 1 /...y/ /ii • 4:7° N'%'-'N NN N j I gun or 7J0 '— / 47 Nil' __`` 01 `\ \ I ' % N la N N p LOT 2 ° Ti z ■ ■ o BIOFlLTER NO. 3 I g 0 oi E a °: o., LOT 4 LOT 3 n Z ki•N U O % Z Z a 0 \ - BUILDING 0 4 .-...,.. 4'401 S-7, \ I to \ MARION ROAD Li — — / 1 I V M , I / SCALE: �' ■ 1zo' 1 0 0 , o' I / 1 Drawn: CDH 7/20/2011 Aim7COM BIO-FILTRATION AREA EXHIBIT JO Checked: Approved: CERTIFIED SURVEY MAP (`j'3 3 1035 Kepler Drive CITY OF OSHKOSH Nu AZRT 60100635 a Green Bay,WI 54311 - 920.468.1978 WINNEBABO COUNTY, WISCONSIN SHEET www.aecom.com s Copyright©2oi 1. By:STS Consultants.Ltd. NUMBER 1 of 4 N88'39'43"E 56.65' NORTH LINE OF LOT 3. CSM f---- A ORNER S01'20'17"E N.W.. tii' LOT 3 R=1. 15.50' R-9.399'' L=13.84' �, CSM 0---- CD=N54'18'42'E N88.39'43•E R=9.00' Cf CL=10.60' CD-54705'09'E • Y• G=68'44' " 14.48' '• CL=12.51' ,`, L-33.60' G=88'07'22' R=39.81' P.O.B. CT L=10.77' CD=N40'42'40•E J`, R=4.36' CL-32.61' n m L-9.10' CO=57714'19'E CA=48'21'35' R=13.98' CL-B.23' m ..4., ' L=14.53 o CD=N1727'42'E G=1412818 in CL=6.94' R-12.47 h 45:' CD-N31'44'12'E p G-37'16'56' =ti3''''ti• CL=13.72' CA=66'47'05' SBB 56'33'W g n, o L=31.95' 20.32' o R=20.00' z CD-S43'32'131W S89'17'5914 CL-28.66' 4.17' CA-91'31'32' I I m Z W LOT 2 b id N .-0 O It W r°, o r°', -� N I w G I-1- I M Z 0 .s. CO N N `V eh O O t 7-1 Z 0 LOT 3 w J m Ig .-P.O.B. p a o a N88'20'32"E / n I.1-1 H. G 0 18.zs' z J m r N g L=6.85' eT�, � LL R-6.16' 70 Sew R 6.89' O CD-N32'41'36�M ?' 4.24' m- g CL-6.33' CD-S56'16'43W CO n, ' G=61'4734 20'00'49'n z CS S.W. CORNER LOT 2 CSM f---- SOUTH LINE OF LOT 2. CSM ---- z w 3w 3 i 7 L=7.50' 15 R=6.46' ni CD-N3502'09•W N CL-7.09' n •-68'35'59' H L=10.45' 0 6�??j R-5.26' v 4.84,2.4, CD=55540'5814 CL-8.81' j CA=113'53'00' m i I 3 N U I I s 0 30 0 30 __ f- PI 1" = 30' 1" = 30' 0 • 3 MARION ROAD 0 Y _� Drawn: CDH 7/20/2011 an BIO-FILTRATION AREA EXHIBIT Checked: co o G A- COM Approved: CERTIFIED SURVEY MAP 6 5313 3 1035 Kepler Drive CITY OF OSHKOSH NUMBER 60100635 ff Green Bay,WI 54311 ' 9wwwaeco978 WINNEBABO COUNTY, WISCONSIN SHEET R 2 of 4 Copyright 02011. By. S75 Consultants. Ltd. NORTH LINE OF LOT 3. CSM /---- L=15 59' N.E. CORNER R=10.39' LOT 3 -o CD-N47 CSM i-- o'n 59'40'E F''Lo CL=14.17' /o G=85'59,45' N88'39'43'E 29.33' { u, P.O.B. cx t o W ' F- b! Fs o OZ N H N.144 O O O :Li CC Z N O L=6.07' S88'38'5514 W LOT 2 CL=5.47�38 W 15.97' 0 G=85 56'55' i I Fan 56'55' W Cl) N W L=9.55' ° CC R-6.85' 4 CD-S48"06'39'E V 410 'w N8 8'30'43'E 64.24' / CL=8.79' �+ In '4 v,G=79'52'54' CC o o N u t 1.63 z 0 I BIOFILTER NO. 3 °' to P.O.B. m N L=14.30' woo o R=10.38' (.11 A Z S88'39'43.14 80.56' 3 CD=S4837'S01V V CL-13.20' ro Iv It N m G=76'56'49' 4 O W LOT 3 Z E. - 58839'43"W 33.78' SOUTH LINE OF LOT 2. CSM f---- S.E. CORNER• w LOT o W Et o O CSM i---- .N,v I-- -,7, O Z Li_ uUi O V M 9 W E & U • g lo i ID n F. W N ^ ) M) IV ri N N 'N O od N S88'35'231W n 19.24' 1e T! 1 10 io z S. 3 V 9 0 30 0 30 M 1" = 30' 1" = 30' E, 03 3 MARION ROAD ° Drawn: CDH 7/20/2011 AiimIOLCOM BIO-FILTRATION AREA EXHIBIT Checked: o 'C Approved: CERTIFIED SURVEY MAP 6'ss_3 W CITY OF OSHKOSH PROJECT 60100635 1035 Kepler Drive NUMBER Green Bay,WI 54311 x m. 9920. om 68.19a WINNEBABO COUNTY, WISCONSIN SHEET 3 of 4 Copyright©2011. By STS Consuttanta. Ltd. NUMBER • BIOFILTER NO. 1 Part of Lot 2 of Certified Survey Map number---, First Ward,City of Oshkosh,Winnebago County,Wisconsin,more particularly described as follows: Commencing at the Southwest corner of said Lot 2;thence N01°39'28"W,34.67 feet along the west line of said Lot 2;thence N88°20'32"E, 18.25 feet to the Point of Beginning;thence N01°39'28"W,68.93 feet;thence 9.10 feet along a curve to the right having a radius of 13.98 feet and a chord of N17°27'42"E,8.94 feet;thence N36°57'26"E,12.80 feet;thence 10.77 feet along a curve to the right having a radius of 4.36 feet and a chord of S72°14'19"E,8.23 feet;thence S01°30'10"E,90.90 feet;thence 8.89 feet along a curve to the right having a radius of 4.24 feet and a chord of S56°16'43"W,7.35 feet;thence N63°44'57"W, 10.12 feet;thence 6.65 feet along a curve to the right having a radius of 6.16 feet and a chord of N32°41'36"W,6.33 feet to the Point of Beginning. Said area contains 1,697 square feet or 0.039 acres more or less. BIOFILTER NO. 2 Part of Lot 3 of Certified Survey Map number----,First Ward,City of Oshkosh,Winnebago County,Wisconsin,more particularly described as follows: Commencing at the Northwest corner of said Lot 3;thence N88°39'43"E,56.65 feet along the north line of said Lot 3;thence S01°20'17"E, 15.50 feet to the Point of Beginning;thence N88°39'43"E, 14.46 feet;thence 13.84 feet along a curve to the right having a radius of 9.00 feet and a chord of S47°05'09"E, 12.51 feet;thence S02°13'33"E,9.64 feet;thence 31.95 feet along a curve to the right having a radius of 20.00 feet and a chord of S43°32'13"W,28.66 feet;thence S89°17'59"W,4.17 feet;thence N01°25'40"W,8.96 feet;thence S88°56'33"W,20.32 feet;thence S01°09'50"E,148.40 feet;thence 10.45 feet along a curve to the right having a radius of 5.26 feet and a chord of S55°40'58"W,8.81 feet;thence N67°22'32"W,4.84 feet; thence 7.50 feet along a curve to the right having a radius of 6.46 feet and a chord of N35°02'09"W,7.09 feet;thence N01°39'28"W,133.22 feet;thence 14.53 feet along a curve to the right having a radius of 12.47 feet and a chord of N31°44'12"E, 13.72 feet;thence 33.60 feet along a curve to the left having a radius of 39.81 feet and a chord of N40°42'40"E,32.61 feet;thence 11.26 feet along a curve to the right having a radius of 9.39 feet and a chord of N54°18'42"E,10.60 feet to the Point of Beginning. • od Said area contains 3,687 square feet or 0.085 acres more or less. 0 0 BIOFILTER NO. 3 Part of Lot 2 of Certified Survey Map number--, First Ward,City of Oshkosh,Winnebago County,Wisconsin,more particularly described as follows: Commencing at the Southeast corner of said Lot 2;thence S88°39'43"W,33.78 feet along the south line of said Lot 2;thence N01°20'17"W,15.50 feet es to the Point of Beginning;thence S88°39'43"W,80.56 feet;thence N01°20'17"W,21.65 feet;thence N88°30'43"E,84.24 feet;thence 9.55 feet along a curve to the right having a radius of 6.85 feet and a chord of S48°06'39"E,8.79 feet;thence S01°29'14"E,7.36 feet;thence 14.30 feet along a curve to ti the right having a radius of 10.38 feet and a chord of S48°37'50"W, 13.20 feet to the Point of Beginning. Said area contains 1,942 square feet or 0.045 acres more or less. a m n BIOFILTERS NO.4 &5 N Part of Lot 3 of Certified Survey Map number---,First Ward,City of Oshkosh,Winnebago County,Wisconsin,more particularly described as follows: gl Commencing at the Northeast corner of said Lot 3;thence S01°20'11"E, 15.50 feet along the east line of said Lot 3 to the Point of Beginning;thence S01°20'11"E,64.57 feet along the east line of said Lot 3;thence S01°34'09"E,76.42 feet along the east line of said Lot 3;thence S01°24'37"E,35.66 m feet along the east line of said Lot 3;thence S88°35'23"W, 19.24 feet;thence N01°32'09"W,141.18 feet;thence S88°38'55"W, 15.97 feet;thence 6.07 feet along a curve to the right having a radius of 3.87 feet and a chord of N46°22'38"W,5.47 feet;thence N01°24'10"W,21.50 feet;thence 15.59 feet along a curve to the right having a radius of 10.39 feet and a chord of N42°59'40"E, 14.17 feet;thence N88°39'43"E,29.33 feet to the Point of 0 Beginning. Said area contains 4,090 square feet or 0.094 acres more or less. In 0 0 0 0 Drawn: CDH 7/20/2011 BIO-FILTRATION AREA EXHIBIT �C®M Checked: Approved: CERTIFIED SURVEY MAP s>3 3 1035 Kepler Drive CITY OF OSHKOSH ZI aO 60100635 E Green Bay,WI 54311 9920. 68.1978 WINNEBABO COUNTY, WISCONSIN SHEET 4 of 4 Copyright©2011, Be STS Con.uNanta. Ltd. NUMBER /� COM AECOM 920.235.0270 tel �: 558 North Main Street 920.235.0231 fax Oshkosh,Wisconsin 54901 Biofilter Operation and Maintenance Plan 90 Riverway Drive 135 and 155 Jackson Street, Oshkosh,Wisconsin August 15, 2011 The Operation and Maintenance Plan (O&M Plan)for biofilters involves inspection, operation and maintenance of the physical facilities and of the vegetation within the biofilters. Implementation of the O&M Plan will enhance biofilter performance and longevity. Overview ■ Y The purpose of a biofilter is to capture runoff from a small watershed and to remove suspended solids and associated pollutants, from the runoff. Biofilters include grass filter strips on the perimeter, runoff ponding area, mulch and filter bed (engineered soil)to filter and absorb pollutants under drains and an overflow structure. The ability of the biofilters to function as designed is dependent on proper operation and maintenance of a biofilter as well as maintenance operations within the watershed draining to the biofilter. Watershed maintenance activities include regular sweeping of paved areas and removal of debris and litter. Biofilters are not to be used for stock piling snow. Mulch Considerations The use of mulch in the biofilter can lead to mulch floating or being washed away, particularly if the incorrect type of mulch is used. Mulch should be shredded hardwood aged at least one year. Other types of mulch are less dense than hardwood mulch and have a significant tendency to float or be washed away. Overall, shredded hardwood mulch tends not to float or be washed away. Experience indicates that some hardwood mulch may float, particularly when first installed, but this potential problem occurs less frequently over time. The mulch layer should be approximately three inches thick. A thinner layer does not provide the filtration desired for the mulch. A thicker layer blocks desirable gas transfer between the atmosphere and the filter bed. Operation and Maintenance Procedures 1, Inspections The biofilters should be inspected according to the following schedule: a. In the spring immediately after snow melt has ended b. Immediately after rains having a depth of 0.5 inches or greater c. At a minimum of every month during the snow free period. To enhance and sustain the world's built,natural and social environments -x r `I K:1Projects160139801_Parcel H',8 0 Project Documents\Bioflter O&M P!an_August 2011.doc AECOM 2 Inspections should note the presence of accumulated sediment, debris or litter,condition of the mulch, the presence of eroded soil, condition of the rip-rap filter strip around the biofilters, and condition of the overflow structure and condition of the vegetation. Problems or issues identified by the inspection should be corrected according to the guidelines in Table 1. The site owner will be responsible for completing the inspections. 2. Operation Operation of the biofilters involves periodic observations of the length of surface ponding within a biofilter and removing blockage from the overflow if this occurs after a large rain storm. If ponding lasts longer than 24 hours after a storm, this observation should be recorded. If ponding longer than 24 hours continues over time (one growing season), or the ponding time gets even longer, the mulch and filter bed likely require replacement unless the under drain is blocked. 3. Maintenance Biofilter maintenance activities and frequency are described in Table 1. Table 1 Typical Biofilter Maintenance Activities Activity Frequency As needed, but typically is an annual activity Remove accumulate coarse and gravel that occurs in Spring after snow melt. sediment Sweeping of paved areas reduces this need, particularly sweeping in early spring to remove accumulated road grit. Once per year in spring based on spring • inspection. Re-mulch void areas after storms , as needed. Generally, total replacement of Add additional mulch the mulch every three to five years is needed. Mulch should be added to provide a layer three inches thick. Mulch should be shredded hardwood mulch aged at least one year. Inspect surface and repair eroded areas Minimum every month, repair as needed. Inspect filter strip rip-rap and repair as Minimum every month, repair as needed. needed Inspect energy dissipater rock or grass inlet Minimum every month and after major areas storms, repair as needed. Inspect overflow structures Minimum every month, remove blockage as needed. Typically every ten years, dependent on ponding duration, condition of the filter bed Replace filter bed and how often the mulch has been replaced. • Determine the condition of the filter bed by di.sins a small soil test sit and soil .H J XJi"`J K'\Projects\60139801_Parcel H■8.0 Project Documents\Biofl ter O&M Plan_August 2011.doc AECOM 3 testing every 5 years. In the test pit look for • evidence of the accumulation of fines on the surface or within the filter bed. Values for soil pH should range between 5 and 7. If poor drainage appears to be caused by surface clogging then replace only the top foot of the filter bed. If the duration of ponding is consistently less than 24 hours, the accumulation fines is minimal, pH readings are within the correct range and the mulch has been consistently maintained then filter bed replacement times can exceed 10 years. Inspect if ponding in biofilter exceeds 24 hours, remove blockage if necessary. Inspect perforated pipe under drain Inspection may be carried out by televising the under drain system. Look for significant sediment buildup or root growth in the under drain which potentially block flow. Remove litter and debris Monthly Water plants Monthly during first two years after plant installation when inadequate rain occurs. Replace dying plants Inspect monthly/replace as necessary Vegetation replacement Necessary when replace the filter bed. It may be possible to save some plants, The site owner will be responsible for completing the maintenance activities. Reporting The site owner shall report storm water operation and maintenance activities annually in the fall of the year to the City of Oshkosh Engineering Department. The report will contain a summary of storm water operation and maintenance activities including what the activity was, who completed the work, the date of the activity, and cost. Attachments Operation and Maintenance Form Biofilter Location Diagram K:;Projectst60139801_Parcel H18.0 Project Docurnents\Biofilter O&M Plan August 2011 doc r �' 3 C AECOM 4 Biofilter Operation and Maintenance Plan 90 Riverway Drive 135 and 155 Jackson Street Oshkosh,Wisconsin Operations and Maintenance Record Form Year Biofilter Number Activity Frequency O&M Completion Record (check off) Mar Apr May June July Aug Sep Oct Nov Remove Annual (Spring) Sediment Add Mulch Annual (Spring) Repair Eroded Inspect monthly, Surface repair as needed Repair Rip-rap Inspect monthly, Filter Strip repair as needed Repair Inlet Inspect monthly, Area repair as needed Clean Overflow Inspect monthly, Structure remove blockage as needed Remove Litter Monthly and Debris Water Plants if inadequate rain Inspect Plants Monthly, replace dead plants Inspect Under When Ponding drain, Clean Exceeds 24 Hours Replace Filter Typically Every 10 Bed years(O&M Plan) K:I Projects 160139801_Parcel H18 0 Project Documents\Bioflter O&M Plan_August 2011.doc 1/' 0 !' g NISNOOSIM HSO ‹XHSO m 4 133aLS Nosxovr(INV OVOINOIIVIN AO NO1103S631N1 0 • 4, v .• . • u • iN3I,Nd013A30 3.1IS II 3SVHd 12AV3d/N0121W4 1 T.-1 — i Q gg j i i .:. 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' '''''"' 0.0'") , Liv, II Ihilll <- <1 / /,- v v I •/, N./..:N...„.% N. /411111b 'Tk`■ /P/ ‘914% N/1/..■/.-.. +1 •Z9 C ] o 0 60 i I— N• 1" = 60' LLI L CX OT 2 • U) a J O U �S ^o �/ ,O 1p v J e N88'13'48'E 12.00' CENTER OF STORM WATER U�, EASEMENT IS 1,16' 5 SOUTH OF LOT UNE Q S01'46'12.E 37.60' `D a R ) S01'2O11E g o NEB-39'43'E 280.48' 4.84' W P.0.8. 0 m • SO1'20'11'E a, �, S88 39'43�M1 280.39' a 12.00' �� t6' a o EXISTING STORM all * °o +i .- SEWER PIPE Illop ° I m a Y o 54.046',2-E LO T 3 Ti s4.o4' WM • G 4 -1: S88 13'48'W C 0 12.00' CT, Por 9 7 i N BUILDING U I I s o ■ in "' Is O l� 0 s U 0 • o / I 6- Drawn: RAD 09/02/2011 rt o STORM WATER UTILITY EASEMENT EXHIBIT I. Checked: ACOM 3 E Approved: CERTIFIED SURVEY MAP 6553 PROJEC 1035 Kepler Drive CITY OF OSHKOSH NUMBER T 60100635 aGreen Bay,WI 54311 996 20. 8 www.aecom.com 8 WINNEBABO COUNTY, WISCONSIN N� 1 OF 2 Copyright©2011, By STS ComuBCnU.Ltd. STORM WATER UTILITY EASEMENT A 12 foot wide Storm Water Utility Easement being a part of Lots 2 &3 of Certified Survey Map number 6553, First Ward, City of Oshkosh, Winnebago County, Wisconsin, more particularly described as follows: Beginning at the Northeast corner of said Lot 3; thence S01°20'11"E, 7.16 feet along the east line of said Lot 3 and the west line of Jackson Street; thence S88°39'43"W, 280.39 feet along a line parallel to and 7.16 feet from the north line of said Lot 3; thence S01°46'12"E, 54.04 feet; thence S88°13'48"W, 12.00; thence N01°46'12"W, 103.64 feet; thence N88°13'48"E, 12.00 feet; thence S01°46'12"E, 37.60 feet;thence N88°39'43"E, 280.48 feet along a line parallel to and 6.34 feet from the south line of said Lot 2 to a point on east line of said Lot 2 and the west line of Jackson Street; thence Sal'20'11"E,4.84 feet along the east line of said Lot 2 and the west line of Jackson Street to the Point of Beginning. Said easement being approximately centered on existing storm water piping. Said easement contains 4609 square feet or 0.106 acres more or less. 4 4 r 0 aZN 8 9 0 lV N N as G' NC 0 m 0 0 0 f\\ Drawn: RAD 09/02/2011 i STORM WATER UTILITY EASEMENT EXHIBIT Checked: ACOM 1O Approved: CERTIFIED SURVEY MAP 6553 3 1035 Kepler Drive pp�E E Green Bay,WI 54311 CITY OF OSHKOSH NUMBER �R 60100635 X 920.468.1978 WINNEBABO COUNTY, WISCONSIN SHEET www.aecom.com CapyrScht©20,1. By:STS Consultants, Ltd. _ NUMBER 2 Of 2