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Home My WebLink AboutStormwater Management Facility Maintenance • E rm a I - C;41 der le- ies- vn.9. Le4J I II Cc III IIII IIII IIII II III IIII II II CITY OF OSHKOSH 8 0 5 1 8 0 1 Tx:4035?81 STORMWATER MANAGEMENT FACILITY 16111010 MAINTENANCE AGREEMENT Document Number Document Title REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON As a consideration for approval of the development referenced in this Agreement,and to 10/15/2,01 09:59 AM ensure that the development conforms to the applicable storm water standards,the City of JULIE PAGEL Oshkosh and the property owner identified in this document,along with their successors REGISTER OF DEEDS and assigns,agree to the terms described in this document. RECORDING FEE 30,00 CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: Wihlm Properties,LLC GOVERNING BODY: City of Oshkosh Recording Area LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS AGREEMENT Name & Return Address: Lot 2 of CSM 6194, Section 21,Township 18 North,Range 16 East,in the 6th Ward,City Oshkosh City Attorney's Office of Oshkosh,Winnebago County,Wisconsin. CSM 6194 attached as Exhibit A. 215 E.Church Avenue PO Box 1130 Oshkosh,WI 54902-1130 PROPERTY SUBJECT TO THIS AGREEMENT Tax Parcel Numbers: 90613620100 The grading and drainage plan subject to this Agreement is identified in Exhibit"A" attached hereto. PURPOSE There are three(3)primary purposes of this agreement. They are: 1)to notify the Property owner,as well as potential and/or future property owners,that this Agreement and Chapter 14 of the Oshkosh Municipal Code,as amended,place certain storm water management responsibilities on the Property owner; 2)to identify the specific storm water facilities that currently exist and may exist in the future within the Property;and, 3)to describe the minimum responsibilities of the Property owner for maintaining the approved grading and drainage plan,which comprises the storm water management system located within the identified Property. RESTRICTIONS Regardless of the terms and date of this Agreement,the owner of the Property described in this Agreement shall always be subject to approved grading and drainage plan,and the storm water management requirements of the Municipal Code,which are currently located in Chapter 14 of the Municipal Code. The approved grading and drainage plan for the Property is on file in the office of the Department of Public Works and is fully incorporated by reference in this Agreement. RESPONSIBLE PARTIES The owner of the Property subject to this agreement,as well as their heirs,successors,and assigns,is responsible for maintaining the Property in conformance with the approved grading and drainage plan. The owner of the Property subject to this agreement,as well as their heirs,successors, and assigns,directly benefits from the storm water facilities described below and therefore is responsible for maintaining them. Specific requirements are as follows:The Property owner shall be responsible for ensuring that their Property conforms to the approved grading and drainage plan. Specifically,the Property owner shall be wholly responsible for maintaining approved vegetation,grading,and drainage on their property. The failure to maintain 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. 1 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title STORM WATER FACILITIES The storm water facilities on-site consist of: 1. Wet detention basin; and 2. Storm sewer; and 3. Inlet and manhole covers. INSPECTION AND MAINTENANCE 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 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 City Department of Public Works or any agent for the life of the system. 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 Property owner fails to perform any obligations to maintain the approved grading and drainage plan,the City of Oshkosh shall have the authority to enter the private Property to inspect,maintain,repair,reconstruct,and/or modify,at its sole discretion,all components of the approved grading and drainage plan,including storm water 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,the Property owner 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 storm water management facility. In such an event,all associated costs of enforcing this Agreement and/or storm water management requirements of Chapter 14 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 owner's,and any respective lot owners if applicable,waiver of notice of hearing otherwise required by Sections 66.0627 or 66.0703 of the Wisconsin Statutes. The storm water management facilities shall be for the benefit of the City of Oshkosh and the Property as 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 recorded with the land records of the Winnebago County,Wisconsin,Register of Deeds. Wihlm Properties,LLC shall bear the cost of recording this document. 2 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title AMENDMENTS This Agreement may be amended in whole or in part at any time by the owner of the Property,provided: 1)the amendment(s)are approved in writing by the owners of a majority of the lots within the Property as 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. [SIGNATURE PAGE FOLLOWS] 3 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 Owner/Developer: `' O R E y A".• fuzee tail Q L>),li- ' • NOT f� Michelle A. Wihlm, Wihlm Properties,LLC - —1 : A -9 r • CD Title , O•' e� C 9127//2. Date - 21/46.ONS�N� � State of Wisconsin ) )ss. °j, Winnebago County ) S Personally came before me on this all-day of Ak'r;'2012,the above named,Michelle A.Wihlm,to me known to be the person whom executed the foregoing instrument and acknowledged the same. Cote./ M14:a&i) Notary Public, State of Wisconsin My commission expires: 'faz`+ilti For the City of. Oshkosh: 1t- �(,c -''0- 1/ /' ill aL 1 1 V A Mark A`Rohloff,City Manager Pamela R. Ubrig, Ctt Cler Date Date State of Wisconsin ) ) ss. Winnebago County ) 2 Personally came before me on this�1 day of W 2012,the above named,Mark A.Rohloff and Pamela R. Ubrig,to me known to be the persons who executed th-' s egoin:al Alment and acknowledged the same. ,i/i / ∎ia ota Au. i , :te of Wisc n'si (../ My co i io expires:��>t/,�)1 Ap. o-ed as to fo•• : ' I° ra-1 1 -..Lorenson7011W orney i I :./� _ )la' Date This document was drafted by: David J.Praska Assistant City Attorney Oshkosh,WI 54903-1130 4 • CERTIFIED SURVEY MAP NO. _ ep1.f _ PART OF LOT 3 OF CERTIFIED SURVEY MAP 1952, AND PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 18 NORTH, RANGE 16 EAST, IN THE 6TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. I I LOT 2 GSM 1952 1 °o PART OF LOT 3 CSM 1952 01 O DOCUMENT 1256762 I W 0 N 89'23'29" E 396.26' 0 Q LOT 1 z co 76,447 SQ.FT./1.755 AC. co W rn o o a rn �<1 z o- F m ip0 N� �Op• a. 3 °o� o t N� 589'23'29"W to :-. 3z S89'23'29""W s, 241.94' T 122.35' N x 10 UTILITY o W BUILDING o E-+ O N O 2 Z,M! I O ea N o CO LOT 2 F 1 °i 77,175 SQ.FT./1.771 AC. w W i 8 i 810' VI I .,O I I 1 aal I j 1 1/4" I.P. , UNDER CONCRETE R S 89'23'29" W 395.32' o-o L — DOCUMENT 804295 o8 -___-'_�/ sz aL°z _ _506.62' �'L _ _ �l YSOUTHWEST CORNER E U Y SECT 1/4 CORNER SECTION 21, T18N R16E S 89'23'29" W 2723.40' SECTION 21, T18N R'5E ALUMINUM MONUMENT ALUMINUM MONUMENT— WEST 9TH AVENUE LEGEND ■ 1-1/4"O.D. IRON PIPE SET 18°LONG, WEIGHING 1.130 LBS. PER LIN. FOOT SURVEY FOR: O 3/4"REBAR FOUND RUSS KARASCH ❑ 1-1/4"O.D. IRON PIPE FOUND KEYSONE FUNERAL HOME DESIGN BUILD, INC. -Sr GOVERNMENT CORNER 22517 178TH AVE.SUITE 210 .4( ) RECORDED AS COLD SPRING, MN 5632C .00�5n°pawe>x r.poppp •BEARINGS ARE REFERENCED TO THE SOUTH .Ti4 ....� ../A-% LINE OF THE SOUTHWEST 1/4, SECTION 21, F •OpMES E. _!/ ASSUMED TO BEAR 5 89'23'29"W ^ Scale 1 inch = 100 feet SMITH 11 0 gg .. WINNECONN °a6 WI g. r Martenson & Eisele, Inc. �9"/) suFot�` Planning . 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