HomeMy WebLinkAboutStormwate/Family Dollar CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX(920)236-5106
LETTER OF TRANSMITTAL
To: Family Dollar Date: January 6, 2014
10301 Monroe Road Project:
Matthews, NC 28105-5448 From: Carol Marchant
Re: Stormwater Management Facility
Attn: Jeff Beedle Maintenance Agreement
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Agreement El Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates El Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Copy of Stormwater Management Facility Maintenance Agreement
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
cc: City Clerk (original)
Public Works, Engineering (copy)
Mark Haeger, Developer (copy)
City Attorney (copy)
1111111111 191 °'I
II. 1
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
1655362
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 12/30/2013 09:05 AM
ensure that the development conforms to the applicable storm water standards,the City of 3ULIE 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:
Family Dollar Stores of Wisconsin,Inc.
GOVERNING BODY: City of Oshkosh
Recording Area
LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS AGREEMENT
Name & Return Address:
Lot 1,Certified Survey Map No.4895 filed in the Office of the Register of Deeds for Oshkosh City Attorney's Office
215 E.Church Avenue
Winnebago County,Wisconsin on November 19,2001,as Document No. 1155674,being PO Box 1130
part of Block 15,Eichstadt Subdivision,City of Oshkosh,Winnebago County,Wisconsin. Oshkosh,WI 54902-1130
CSM 4895 attached as Exhibit A and incorporated into this Agreement. Tax Parcel Numbers:
91219090100
PROPERTY SUBJECT TO THIS AGREEMENT
The grading and drainage plan subject to this Agreement is identified in Exhibit`B"
attached hereto and incorporated into this Agreement.
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
November 21, 2013 a
1
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
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.
STORM WATER FACILITIES
The storm water facilities on-site consist of:
1. Bio-Retention 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 basin,rilling of side slopes,and other compromised features of the stormwater system are examples
of items requiring repair work. Material removed from the basin 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,basin 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 basin 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. Family Dollar Stores of
Wisconsin,Inc., shall bear the cost of recording this document.
November 21, 2013
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]
November 21, 2013
•
•
CITY or OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
SIGNATURES
The undersigned agree to the provision set forth in this agreement. •
Family Dollar Stores of Wisconsin, Inc.
(6111)16._ _41 ,/11.
•
J uis, Vice ' esident-Real Estate Development
Date
State of North Carolina )
ss.
Mecklenburg County )
Personally came before me on this 10 day of December 2013,the above named, Jose M Luis . • ,' o be the
person whom executed the foregoing instrument and ackn ledgedl,- .��� KATHLEEN S. RAMSEY
— " ' "="� NOTARY PUBLIC
Notary Pub ic, State of No h Carolina Mecklenburg County,North Carolina
My commission expires:/7i.//v/90/4) My Commission Expires 12/16/2016
For the City of Oshkosh: •
Mark A.Rohloff,City Manager '^`J e_iC
/2it-,21)13 Date
ate
State of Wisconsin )
)ss.
Winnebago County ) •
Personally came before me on this /�Aday of be t ,2013,the above named,Mark A.Rohloff and pV) lc,
et, to to me known to be the persons who executed the foresoino rostrum t and acknowledged the same.
Notary Public,State of Wisconsin �
My commission expires: 1v
' 2_1 7
Approved as to form:
• Lynn •+. Lorenson, •ttorney
t_ 0 —
Date
This document was drafted by:
David J.Praska
Assistant City Attorney
Oshkosh,WI 54903-1130
November 21,2013
NO. 3844 CERTIFIED SURVEY MAP NO.4.115. SHEET 1 OF 3
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T1 8N R16E, 12TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
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REINHARD „x, ROEHLIG
...b., 1- pt W.ROEHLIG 1""
S-1368 LAND SURVEYING
Is_ OSHKOsti,I
SCALE: 1- = 60' -.-e.••••• VAJI I ."-",el 74.TG,T TT'TT ?ITN
Exhibit A lorlt
NO 3844 ,�I SHEET Z- OF 3
CERTIFIED SURVEY MAP NO. 7 oqS
PART OF LOTS 1 AND 5 AND ALL OF LOTS 2 THROUGH 4 AND LOTS 6, 7, 8,
15, 16 AND 17 IN. BLOCK .15 OF EICHSTADT SUBDIVISION, IN THE S.E.
' 1/4 OF SECTIOII 11, T18N, •R16E 12th Ward, CITY, OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN.
• SURVEYORS CERTIFICATE
STATE OF WISCONSIN)
:SS
WINNEBACIO 'COUNTY)
I, REINHARD RO$HLIG, Wisconsin Registered Land Surveyor do hereby
certify; ti
THAT I have surveyed, divided' and mapped part of lots 1 and 5" and
all of lots 2 through 4 and lots 6, : 7, 8, 15, 16 and 17' in block
15 of Eichstadt. Subdivision, in the S.E. 1/4 of Section 11,. T18N,
R16E, 12th Ward, City: of Oshkosh, Winnebago :County, Wisconsin,
which is bounded and described as follows;
COMMENCING AT THE E. 1/4 CORNER OF SAID SECTION, . THENCE SOUTH
00°54`51" EAST ALONG THE EAST LINE OF THE S.E. 1/4 OF SAID SECTION
1351.86 FT. , 'THENCE SOUTH 88°41'13" WEST 57..00 FT.. TO A POINT
WHERE THE SOUTH.RIGHT OF WAY .LINE OF LINWOOD AVENUE MEETS THE WEST
RIGHT OF WAY LINE OF JACKSON STREET (U.S.H. "45") AND THE POINT OF
BEGINNING OF THE PARCEL: TO DE DESCRIBED, THENCE SOUTH 51040'33"
EAST ALONG SAID WEST RIGHT OF WAY LINE OF JACKSON STREET 21.95
FT. , THENCE SOUTH 00°54'51" EAST ALONG SAID LINE 250.55 FT.
THENCE SOUTH 42031'53" :WEST:.ALONG SAID LINE 26.18 FT. TO A POINT
WHERE THE WEST RIGHT OF' WAY LINE OF JACKSON STREET MEETS THE NORTH
RIGHT OF WAY LINE OF VIOLA. AVENUE, THENCE SOUTH 89°04'01" WEST
ALONG SAID LINE 341.76 FT. TO THE _SOUTHEAST CORNER OF LOT 14 IN
SAID SUBDIVISION, THENCE NORTH 00°56'46" WEST ALONG THE EAST LINES
OF LOTS. 14 AND . 9 IN SAID PLAT 281.18 FT. TO A POINT Off'.THE SOUTH
RIGHT OF WAY LINE OF LINWOOD AVENUE, ..',THENCE NORTH 88041' 19" EAST
ALONG SAID LINE 342.93 FT. TO THE POINT OF BEGINNING.
THAT I have made this survey by the direction of Thomas McDermott
Jr. , owner of said land.
THAT such map is a correct representation of all the exterior
boundaries of the land surveyed and the land division 'thereof
made.
THAT I have fully complied with the provisions of Chapter 236 of
the Wisconsin Statutes and .the Land Subdivision 0 'nance of City
of Oshkosh.
/!-j2-0/
Date Rei rd Roehlig, Registered
Wisconsin. Land Surveyor S-1368
REINHARD
• H W.ROEHLIG'
8-1368. ,
OSHKOSH,-
(1 4� hibit )6f-1
PART OF LOTS 1 AND 5 AND ALL OF LOTS 2 :THROUGH 4 AND LOTS 6, 7, 8,
. 15, 16 AND 17 IN BLOCK 15 OF EICHSTADT SUBDIVISION, IN THE S.E.
1/4 OF SECTION 11, T18N, R16E, 12th Ward, CITY OF OSHKOSH,
,WINNEBAGO COUNTY, WISCONSIN.
OWNERS CERTIFICATE .
. AS OWNER, I hereby certify that' !I caused the land described on
this map,to be surveyed, divided and mapped as represented on this
map in accordance with the Winnebago County sand the City of
Oshkosh Subdivision Ordinances.
WI - - the hand and seal of said owner this
/444 day
of A •l`L' 6_Ix' , 2001.
4111111111..............71111k,
T s Mc 1- .tt Sr.
STATE OF. WISCONSIN)
sSB
WINNEBAGO COUNTY)
PERSONALLY came before me this/ y of IV1Yi>16u- ,2 '•%he'•.„
aforementioned Thomas Mc Dertnott Jr. , to me known to be ; fe •person'`.
who`xecuted the oregoing :instrument and acknowledged zlie Emine. -' ,t
ilk -'4. . (... My Commission Expires a77,` --, ".04�•tary Iic, Winnebago 1.6 :r •. r ',
ounty if%
tate of Wisconsin
k?Y s;
CITY OF OSEKOSH PL711 tri3TG CCIOAISSION '
CERTIFICATE OF APPROVAL
This Certified Survey Map of. part of lots 1 and 5 and all of lots
2 through 4 and lots 6, 7, 8, 15, 16 and 17 in block 15 of
Eichstadt Subdivision, in the S.E. 1/4 of Section 11, T18. , R16E,
12th Ward, City of Oshkosh, Winnebago County, Wisconsin, ' s hereby
approved.
///2A1' A
Date t osh Pl Commission
Rep entative
THIS DOCUMENT WAS DRAFTED BY
MARX REINSCH.
REINHARD � "� °° }" a�!p
r p5
H.W.ROEHtaG . �` �a� ��� µ
...v ,
8-1368 tn a3 to E,;,
OSHKOSH,wosH. 7 ,� f� }x;80-.
UI
4/0 ‘ ' qfie r,fige°1 mUl
iiiiu 10 Exhibit 3ocy tq 41 n
b -..In 1
`"' % REGISTER'S OFFICE
l �' WINNEBAGO COUNTY, :VI
RECORDED ON
02-05-2002 :.02:59 PE
SUSAN NINNINGHOFF
REGISTER OF DEEDS
REt DZNB FEE 11.08
TRAKFER FEE
R OF PARES 1
Return to: fiLeds`41)
Roehlig Land Surveying
2850 Universal Street
Oshkosh, Wi 54904
AFFIDAVIT
RE: WINNEBAGO COUNTY CERTIFIED SURVEY MAP NO. 4895
DOCUMENT NO.' 1155674
I, Reinhard Roehlig, Registered Wisconsin Land Surveyor hereby certify
that: j
The area of Lot 1 as shown on page 1 of the above captioned map as
50,690 SQ. FT. should be corrected to read 48,471 SQ. FT.
The area of Lot 2 as shown on page 1 of the above captioned map as
50,628 SQ. FT. should be corrected to read 52,847 SQ. FT.
all2 - `s-- D2
Reinhard Roehlig, Registered Date Signed
Land Surveyor S-1368
State of Wisconsin)
:55
Winnebago County) r
PERSONALLY came before me this day of f-t-X-t) , 2002 the
aforementioned Reinhard Roehlig, to known to be the person who
executed the foregoing affidavit of correction and acknowledged the
same.
tA- My. Commission Is Perm en
t
Notary P lic, inns-ago Expires dZ1 y
County, State of Wisconsin
�y f�� .. THIS DOCUMENT WAS DRAFTED BY '
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V 1 r E i FAMILY DOLLAR M Squared Engineering, LLC
$ m € i 3 CITY OF OSHKOSH % 4 -
y y - _ W62 N215 Washington Avenue
r M t P i y l 3 FIN N GRADING PLAN ���� curs.W1 53012
4 Phone:(262)376-42M www.msquandenpm«rNp.com Fax:(262)375-2274
Exhibit 5