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Home My WebLink AboutRonald and Jane Johnson, LLCCITY OF OSHKOSH LEGAL DEPARiMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX: (920) 236-5106 LETTER OF TRANSMITTAL Please find: � Attached ❑ Copy of Letter ❑ Meeting Notes ❑ Specifications � Agreement ❑ Photos ❑ Estimates ❑ Under Separate Cover ❑ Amendment ❑ Mylars ❑ Disketie ❑ Report ❑ Change Order ❑ Zip Disk ❑ Agenda ❑ Plans ❑ Other 7hese are being Yransmitted as indicated below: ❑ For Approval � For Your Use Remarks: cc: City Clerk (originap Public Works, Engineering (copy) City Attorney (copy) ❑ As Requested ❑ For Review 8 Comment CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT The City of Oshkosh, the Goveming Body, and Ronald H. and Jane K.Johnson, LLC, 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 surzounding public storm water facilities. The co�sideration for this Agreement includes the City's approval of proposed development on the Property. Additiona] consideration includes the Property owner's clearer understanding of storm water drainage obligations for the Proper[y, and the Governing Body's assurance that [he storm water drainage issues relating to the property can be more easily achieved through this Aereement. CURREIYT PROPERTY OWIYERS SUBJECT TO THIS AGREEMEIYT: Ronald H. and Jane K. Johnson, LLC, A Wisconsin Limited Liability Company GOVERNING BODY: Ciry of Oshkosh PROPERTY SUBJECT TO THIS AGREEMENT The Property subject to this Agreement is located in the City of Oshkosh, Winnebago Counry, and is more particularly described as follows: [Iden[ified in Exhibit A, attached] GRADING AND DRAINAGE PLAN I� �I Iil ll�'ll II�IIIIIIIIIII 3 2 2 0 0 0 7 Tx:41566G8 1689100 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 06/OS/2015 8:55 AM JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 30.00 PAGES: 11 Area Name & Re[um Address: Oshkosh City Attorney's Oflice 215 E. Church Aveuue PO Box 1130 � Oshkosh, WI 54902-1130 Tar Parcel Numbers: 91519606400,91519606500 91501211000 The Property must always compty with the gradin� and drainage plan approved by the City. The approved grading and drainage plan may be amended or modified from time to time after consultation with the Property owner. Complia�ce will be evaluated according to the most current approved plan. A small scale version of the current grading and draina�e plan is attached as E�ibit "B" or identification and reference purposes. The full scale grading and drainage plan is on file for review with the City Deparhnent 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) No[ify [he Proper[y owner, as wel] as anyone interested in or connected to the Proper[y tha[ the Property is sabject to this Agreement and Chap[er 14 of the Oshkosh Municipal Code, as amended, and that any owner of the Property assumes [hese obligations; and, 2) Iden[ify specific storm water facilities that currently exist on the Property, or may be co�structed or installed in the future; and, 3) Describe the minimum responsibilities for maintaining [he Property's approved storm water managemen[ facilities and grading and draina�e plan. RESTR[CTIONS The Property must always conform ro its most current grading and drainage plan approved by the City. The Property is also subject to all aspects of the Municipal Code, i�cl�ding storm water manageme�t requirements, as may be amended, which are currently located in Chapter l4 of the Municipal Code. 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. Changes may be made to the grading and drainage plan for the Property if requested by the Proper[y owner and after review of any changed circumstances on the Property. The approved grading and drainage plan 1 January 8, 2015 I `� - CITY OF OSHKOSH STOILrIWATER MANAGEMENT FACILITY MAINTENAtiCE AGREEMENT Document Number pocument Title for the Property will be on file i� the City of Oshkosh Department of Public Works and is fully incorporated by reference in this Agreement. RESPONSBLE PARTIES Each owner of the Property, jointly and severally, as well as their heirs, successors, and assigns, is responsible for mai�taining the Property in the manner described in this Agreement. The Property owner's responsibili[ies include maintaining approved vegetation, gradi�g, drainage, and storm water facili[ies on the Proper[y. STORM WATER FACIL[TIES The Property's storm wa[er facilities consist of. 1. Storm Water basin; and 2. Storm Sewer; 3. Swales; and 4. Inlet and manhole covers. INSPECT[ON AND MAINTENANCE All storm water facilities and components of the storm water system shall be inspected a[ least semia�nually, with one inspection occurring in eady spring and one inspection occurring in early autamn. The Property's storm water drainage system must also be inspected after major s[orm events. The s[orm water facilities and grading and drainage scheme mast be maintained as designed in order to achieve the desired s[ortn water drainage objectives. Therefore, main[enance and repairs must be performed expeditiously whe� system deficiencies are identified. The existence of soil erosion, clogged or damaged inlets and/or pipes, sedime�tation of the basin and/or biofilter, rilling of side slopes, and other damaged feamres 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: temove coarse and gravel sedimen[ that has accumulated; maintaining proper level of mulch; inspecting surface and repair eroded areas; inspect filter strip rip-rap and repair as needed; inspect enerby dissipator rock or grass inlet areas; inspect overflow structures; replace filter bed; inspect perfora[ed pipe under drain; remove Iitter 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 chanJe. If a wet basin is installed/constructed, then dredging operations are required to remove [he excess sediment when the depth of water in the we[ detention basin diminishes below three feet causi�g [he efYiciency oP[he detentio� basin todecrease. The storm water dete�tio� basin(s) must retain the safery shelf after dredging. Damage to the safery shelf or detention basin li�er must be repaired to preserve the safety and operation of the facili[ies. If a dry basin a�d/or swale is installed/constructed, [hen dry basin and swale maintena�ce includes removal of trash and debris, repairing erosioq 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 pote�tia] maintenance or repair activities is identified in the Inspectio� and Maintenance Logs attached as Exhibit C. The Properry owner shall, upon request, make available for inspection all maintenance records to the City's DepaRment of Public Works, or any agent of the City, during the life of the system. Mowing in buffer areas, detention basin banks and draina�e ways shall be minimized in order to maximize filtration of runoff. If occasional mowing is necessary, the mowing height must not be ]ess 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. January 8, 2015 CITY OF OSHROSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number pocumen[ Ti[le COMPLIANCE The Proper[y benefits from a properly maintained grading and drainage plan as well as properly maintained storm water facilities. In the even[ the Proper[y owner fails to perform any obliga[ion related to this Agreement, the City of Oshkosh shall have the authority to en[er 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. The ability to enter the Propercy and take such ac[ion is not an exclusive remedy, and the Ciry may take any lawful action to e�force this Agreement a�d/or the Municipal Code. The Property owner gran[s to the City of Oshkosh a limited, nonexclusive easement in perpetuity over the Property for the purpose of addressing grading and drainage deficiencies, as well as providing reasonable and �ecessary access to any storm water facility that is located on or within the Property. The Ciry of Oshkosh shall use only that part of the Property reasonably necessary to allow the inspection, maintenance, and/or repair of the approved grading and drainage plan or any storm wacer faciliry. If the Ciry elects to perform maintenance or repairs on the Property, then all associated costs for performing this work and enforcing [his Aereement and/or stortn water management requirements of Chapter 14 of the Mu�icipal Code, as may be ame�ded from time to time, are sabject to reimbursement from Property owners, jointly and severally, or through encumbrances on the Property itselE 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 Properry owner as allowed by law at [he City's discretion. Any Special Charge for CurrenC Services shall be a lien on the Property and shall be collected with the real esta[e taxes. The Property owner affirmatively waives notice requirements for Special Charges, and this provision shall constitute the Property owner's, and any respec[ive IoUparcel owner(s) if applicable, waiver of notice of hearing otherwise required by Sections 66.0627 or 66.0703 of the Wisco�sin Statutes. The storm water management facilities shall be for the benefit of the Ciry of Oshkosh and the Properiy as described in this Agreement. This Agreement is no[ intended to benefit third parties and there shall be no third party beneficiaries. RECORDING This ao eement shall be recorded with the land records of the Winnebago County, Wisconsin, Register of Deeds. Ronald H. and Jane K. Johnson,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 owner of the Property, provided: 1) the ame�dment(s) are approved i� writing by the owners of a majority of the lo[s within the Properry as recorded with the Register of Deeds, Winnebago County, Wisconsin; and, 2) [he 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, mn with the land and a�y amendment to this Agreement shall be subject to the prior approval by the City of Oshkosh. ISIGNATURE PAGE FOLLOWSI This document was drafted by: David J. Praska Assistant City Attomey Oshkosh, WI 54903-1130 January 8, 2015 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Documen[ Title For the Owner/Developer: Date: QD/'/ � ��. .2.� /'�' —� Ro�ald H. and Jane <. Johnson, LLC By: 6n.�-� 9�----- Ronald H. J m on, Member State of Wisconsin ) ) ss. By: G Jane K. Jo nso , ember Winneba�o County ) Personally came before me on this � day of V� , 2015, the above named Ronald H. Johnson, to me known to be the person whom executed the foregoing t and g the same. ,`��PD„O�T�� Ydaf ublic, Stat�nsin ��Q�r' � .��.. ' � �� My commission expires: � _ 7 �orARy; — State of Wisco�sin ) _ �•— = ) ss. ' v'a�• �°UBL�G ? ?? WinnebagoCounty ) %9T'•.,, ,.�'�,y�.� Personally came before me o� this � day of Y` , 2015, the above named Jane K. Johnson, to:A9�aw�d�o```` known to be the person whom executed the foregoing�us d e$�tiG same. �fr '` / � Notary Public, State�of Wisconsin My commission expires: l �J For the City of Oshkosh: � Date: ti /�� C�/ � ate: � � � �7w--� �`�l��l/ ,l"�/'�/Y�^� Mark . Rohloff, City Manager Pamela R. Ubrig City Clerk /% / State of Wisconsin ) ) ss. Winnebago Counry ) Personally came before me on this �l.�ay of �une. , 2015, the above named, Mark A. Rohloif and Pamela R. Ubrig, to me known to be the persons who executed the foregoing ins[mment a d ackn wledged the same. CQItOi�� o� �LL2� Notary Public, State of Wisconsin My commission expires:.�i (��,�,D /(� Approved as to form: Dat . �� / � A orenson, i tfomey 4 January 8, 2015 That part ofLots 11, 22, 13, 14, 25, 76, 17, ] 8, 19, ar;d 20, and.of Neenah Avenue (now vacated), all ia LOTHE ACIZES, City of Oshkosh, Winnebago County, Wisconsin and a Yract of land in the Northeast Quarter (NE '/e) of the Northwest Quarter (NW '/.) and in the So�theast Quai�ter (SE '/,) af the Northtivest Quarter (NW {/j of Section dne (1), T18N, R16E, aIl being in tlie Fifteenth Plard, City of Oshkash, Winnebago Coun2y, W3sconsin, al) being described as folloivs, viz: Commencing at ffie Narth Quarter comer of said 5ection 1; thence Souih 0 degiees Z minutes.44 secondseast, along the Eest line of the North West'/, of said 5ection 1, 94725 feef; d�ence 5outh 89 de„arees 27 minutes 7 seconds west, 66.00 feet, the place af beginning; ttie¢ce continuing South 89 degrees 27 minutes 7 seconds west, 606.47 feet; thence South 0 degrees 0 minutes 39 seconds east, 695.00 feet; thence North 89 degrees 27 minutes 7 seoonds east, 606.89 feet; thenca North 0 degrees 2 minutes 44 seconds West, 695:00 fee� to the ptace of beginning. , � Tke NortIi Thirteen (13) feet of a part of the 5outheast Quarter (SE'/,) of Yhe Nqrtl�wesT Quarter (NW �/,} of 5ection One (1), Township Eighteen {IS} North, Aange Si�cfeen (16) East, in the Fifteenih (IS`h) Wazd, City of Oshkosh, Winnebago Counry, Wisconsin, being described by: Commencing at tlie North Quarter (bi'/,) camer of said Section l, thence 300°-02'-37" East, 2342,15 feet along fl�e East $ne of the Northwest Quarter (NW %) af said Section 1; thence 589°-25'-19" West, fi6.00 feet to the Northeast comer of the �sconsin Pub(ic Service Corporation pmperty as described in Document No. 484033 of records on file in the Winnebago Caunty Register of Deeds office and the true point of beginning; thence contiaue S&9°-25'-19" West, 607.26 feet along the North line of'the Wisconsin Public Service Corporatioa property as described in said Doctunent No. 484033, thence N00°-00'- 39" West, 699.27 feet to the Soutfiwesf corner of the Wisconsw Indusiria� Shipping Supplies, Inc. propercy as recorded in Documeni No. 534839 of records, thence N89°-27'07" East, 606.89 feet along fhe South lina of tlie Wisconsin 3ndustrial 5hipping Supplies, Tne. property as recorded in Document No. 534339 to its Sautheast comer thereo� thence S00"-02'3T' Bast, 698.93 feet along the West Iine ofMaser Streef to tha inie poitti of beginning. TAX ID.: 915-1960-64 l?ROP�RTYADDR�SS: 3555 Moser Street, �shkash, Wisconsin, 54901 i � Exhibit ioF3 Part of Lots 15 thru 20 of Lothe Acres, All located in the Northeast Y< of the Northwest Y< of Section 1, Township 18 North, Range 16 East, Fifteenth Ward, City of Oshkosh, Wisconsin bounded and described as follows: Beginning at the Northeast corner of Lot 15 of Lothe Acres; thence South 0� 32'14" East, 15 feet along the East line of said Lot 15, also being the West line of Moser Street; thence South 88° 57'18" West, 606.47 feet; thence North 00° 32'14" West, 15.00 feet to a point on a North line of Lothe Acres; thence North 8�57'18" East, 606.47 feet along said North line to the point of beginning. Said area contains approximately 13,113 square feet or 0.301 acres, more or less. TaxID# 91519606500 . � � pq� Exhibit The East 57 mds of the North 56.1%2 rods of the NORTH WEST 1/4 of Section I, Township 18 North, Range 16 East, in the Town ofOshkosh, Winnebago County, Wisconsin, excepting iher8from the two (2) following descrihed tracts of land, viz:- 1. That portion thereof heretofore conveyed to the City of Oshkosh by Deed recorded in Document No. 540444. 2. Lot 1 bf Certified SurveyMap No, 1976 filed in Volume 1 ofCertified SurveyMaps on Paga 1976 as Document No. 719361. Ta:t Key No. 91501211000 Properiy Address; E. SneII Road, Oshkosh, WI 54901 Exhibit 3°,�3 R 6 0I! p�d � �� y a �� f F � �y�� C �� Q��,_e e 3 ��i� � �� 954A a'!: �Il�i �� I �� N x,prtr�___" ��• �� i�.s. �� _ _ _ — � � � � � r � �e R m� �_; � $N �°-��H s s � #�� i `_�° � a ess ? 888 ' � � � e' i i I I I � � I � � � I s ;p e °': � a � kg r �� ° - � � ��o � i �I �t i s p i i i - �� e�b �Ei �g€g ��tl -'' i z: �� Y 34 �� . k€ � °� � a.��. � �aY6 ! �Wg V � (� Y t S Name of Site: Inspector(s): Parcel ID: Inspection & Maintenance Log Detention Basin Inspection Year: Address: Company: Phone: • Facility owner responsible for inspecting, maintaining a�d repaving facility components aunually at a minimum. 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 £ve years (or more frequently if concerns aze noted). • Municipality contacT. Ciry of Oshkosh Department of Public Works 920-236-5065 Maintenance Checked Maintenance Inspection Item (yes/No/NA) Needed Action Date es/Na/NA Pond Bank Erosion * Yes/No/NA Yes/No/NA Debris / Trash Accumulation * Yes/No/NA Yes/No/NA Visible pollution * Yes/No/NA Yes/No/NA Abnormal water levels * Yes/No/NA Yes/No/NA Sediment Accumulation * Yes/No/NA Yes/No/NA Depressions, Whirlpools, Sinkholes Yes/No/NA Yes/No/NA Embaukment 1. Upstream Slope Poor Grass Cover* Yes/No/NA Yes/No/NA Erosion or Slides * Yes/No/NA Yes/No/NA TreesBrush Growing on Slopes * Yes/No/NA Yes/No/NA Deficient Riprap Protection * Yes/No/NA Yes/No/NA Animal Burrows * Yes/No/NA Yes/No/NA Depressions or Bulges Yes/No/NA Yes/No/NA Settlement Yes/No/NA Yes/No/NA Longitudinal Cracks Yes/No/NA Yes/No/NA Transverse Cracks Yes/No/NA Yes/No/NA 2. Crest Settlement * Yes/No/NA Yes/No/NA Misalignment Yes/No/NA Yes/1Vo/NA Cracking Yes/No/NA Yes/No/NA Page 1 of 3 �xhibit Rev. 08lOS/2014 � IoF3 Inspection & Maintenance Log Detention Basin Maintenance Checked Maintenance Inspectiou Item (yes/No/NA) Needed Action Date es/No/NA) 3. Downstream Slope Poor Grass Cover * Yes/No/NA Yes/No/NA Erosion or Slides * Yes/No/NA Yes/No/NA TreesBrush Growing on Slopes * Yes/No/NA Yes/No/NA Animal Burrows * Yes/No/NA Yes/No/NA Excessive or Cloudy Seepage * Yes/No/NA Yes/No/NA Longitudinal Cracks Yes/No/NA Yes/No/NA Transverse Cracks Yes/No/NA Yes/No/NA Depressions or Bulges Yes/No/NA Yes/No/NA Settlement Yes/No/NA Yes/No/NA Seeps, leaks, or boils Yes/No/NA Yes/No/NA 4. Emergency Spillway Exposed Fabric * Yes/No/NA Yes/No/NA Overgrown Vegetation * Yes/No/NA Yes/No/NA Erosion/Backcutting at berm or road* Yes/No/NA Yes/No/NA Rutting or pot-holes * Yes/No/NA Yes/No/NA Obstructions or debris * Yes/No/NA Yes/No/NA Inadequate Riprap/Armor * Yes/No/NA Yes/No/NA Cracking Yes/No/NA Yes/No/NA Slumping/Sloughing of Embankment Yes/No/NA Yes/No/NA Settlement Spillway Yes/No/NA Yes/No/NA Eroding or Backcutting * Yes/No/NA Yes/No/NA Overgrown Vegetation * Yes/No/NA Yes/No/NA Obstructions with Debris * Yes/No/NA Yes/No/NA Excessive Siltation * Yes/No/NA Yes/No/NA Slumping/Sloughing Control Structare L Inlet - Debris in Conveyance Area * Yes/No/NA Yes/No/NA Erosion or Undercutting * Yes/No/NA Yes/No/NA Stop-log deterioration / leaking * Yes/No/NA Yes/No/NA Joint Separation Yes/No/NA Yes/No/NA Cracks in Concrete Yes/No/NA Yes/No/NA Deteriorated piping Yes/No/NA Yes/No/NA Displacement of Structure Yes/No/NA Yes/No/NA Page 2 of 3 Rev. 08/05/2014 �xhibit � a�� Inspection & Maintenance Log Detention Basin Maintenance Checked Mainteuance Inspection Item (yes/No/NA) Needed Action Date es/No/NA 2. Outlet Erosion or Backcutting * Yes/No/NA Yes/No/NA Debris in Cu1veR or Trash Rack * Yes/No/NA Yes/No/NA Undermining/Scour * Yes/No/NA Yes/No/NA Inoperable control valve * Yes/No/NA Yes/No/NA Inoperable flap gate * Yes/No/NA Yes/No/NA Joint Separation Yes/No/NA Yes/No/NA Cracks in Concrete Yes/No/NA Yes/No/NA Downstream Area 1. Erosion * Yes/No/NA Yes/No/NA Debris / Obstructions * Yes/No/NA Yes/No/NA 2. Bridge / Culvert Problems Yes/No/NA Yes/No/NA Buildings Issues Yes/No/NA Yes/No/NA Foundation Concems Yes/No/NA Yes/No/NA Page 3 of 3 Rev. OS/OS/2014 Exhibit � 30�3