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Home My WebLink About29330 / 78-02` ` FEBRUARY 16 , lg 78 # 2 RESOLUT I ON �� b�� (�CARRIED� LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVING RESTRICTIVE COVENANTS FOR SOUTHWEST INDUSTRIAL PARK INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the restrictive covenants, attached hereto and incorporated herein by reference, for the Southwest Industrial Park, are hereby adopted. BE IT FURTHER RESOLVED that all land in the Southwest Industrial Park which the City shall convey shall carry and include these covenants with the necessary conveyance. — 2 — r • �. February 2, 1978 � 1 RESOLUT{ON PURPOSE: APPROU{NG RESTRICTIVE COVENANTS FOR SOUTHWEST INDUSTRIAL PARK INITIATED BY: DEPARTMENT OF PUBLIC WORK5 BE IT RESOLVED by the Common Council of �he City of Oshkosh that the restrictive covenants, attached hereto and incorporated herein by reference, for tne Southwest industrial Park, are hereby adopted. BE IT FURTHER RESOLVED that all land in the Southwest Industrial Park ��ahich tt�e City shall convey shall carry and include these covenants with the necessary cenveyance. ti — 1 — SUB�ITTED BY AE'P13�1c�17 . � < '�_, . _/ I PROTECTIVE COVENANTS Southwest Industrial District 1. GENERAL PURPOSFS AND CONDITIONS The real property conveyed hereby� being a part of the Southwest Iridustrial District is subject to the conditions, covenants� restrictions, easemen.ts, and protections hereby declared to insure proper use and apgropriate development and improvement of each building site thereof; to protect the environment in this planned industrial district; to guard against the erection thereon of structures built of improper or unsuitable materials; to require conformance to applicable zoning ordinances and building codes; to insure reasonable development of said property and locations thereon of buildings; to control the development of said property as an industrial district including, but not limited to, proper setbacks from the street, adequate free space between structures, adequate parking, and in general, to provide for a high quality of improvement on said property, to insure that each building site will not adversely affect the general plan for physical development of the industrial district nor adversely affect �he health or safety of residents or workers in the area nor be detrimental to the use or development of other properties in the Southwest Industrial District. 2. LAND USE (a) The property in the Southwest Industrial Dis�trict, or any portion thereof, shall be occupied and used only for manufacturing, warehousing, and distribution activities in general compliance with the City of Oshkosh zoning ordinance. Commercial, residential, service and the follQwing described industria� uses shall not be permitted: (a) (b) (c) (d) :e) (f) �g) (h) (i) ij) (k) (1) i�) (n) Abattoirs. Acid manufacture. Cenent, lime, gypsum or plaster of paris manufacture. Drap forge. � iX�'ilOSiV° mar�afac+i,'�iZc OT StOi�.�c. Fat rendering. Fertilizer manufacture. Garbage, rubbish, offal or manufacture. Glue manufacture. JurYk yards . or dead_animal reduction Petroleum refining. Smelting of ferrous and non-ferrous metals. Stockyards. Tannery. (o) Asphalt Plants (b) Sazd �roperty ma� b.e occupied and used �,v fi rm� en� �a� d in the cor_struction contracting�business classifications; .___... _..,_.. _.v. .v��..,. � x _�..._.�.s.. ,�.� Y . , . . provided 'r!owever,_that no outdoor stora�e oi construction materials or_ eq_u�ment_ will be_�ermitted for __-- __— — _ notwithstanding provisions__ of �,aragraph__9_ of covenan�s. ifie con.struction contractinQ bus incivae anv usve,,,=,�n,�,c�,involves t�e �rhol Q .QnStr1,�,; �,i;gn =ma��ri al s �r Pn �i ��, Sites shall be a minimum of one (1) acre. e these_..protectzve ness shall not The permitted uses described above shall. be conducted within standards. set in local, state and national codes pertaining to noise, vibrations, smoke, toxic or noxious matter, odorous matter, fire ar�d explosive hazards, glare or heat, air pollution� water pollution and maintenance of property. 3. CONSTRUCTIOiv AND MATERIALS Any building co�structed on the sites within the District shall be of masonry construction or enameled steel or the equivalent thereof, or bet�er. 4. APPROVAL OF PLANS (a) Before com.mencing t�e construction or alteration of any buildings, additions, enclosures, fences, loading docks, parkir_g facilities, storage yards� or any other structures or permanent improvements on or to the real estate con�eyed hereby, the Grantee shall first submit its building p;ans� specifications, site and landscape plans, utility easements, and an elevation sketch of all improvements to be plac�d tnereon to Chamco, Incorporated ior its written approval. Chamco, Incorporated shall approve or disapprove in writing, such building plans, specifications, site and landscape �lans, utility easements, an� elevation sketch within tn�rty (30) days after they hav� been submitted to Chamco, Ircorporated. At such time as Chamco, Incorporated desires to relinquish its authority under these covenants, said authcrity shall inure to its succzssors or assigns.. Chamco, Incorporated or the Lessor reserves the x�ght to construct �atility lines overhead and utility lines, pipes and condui�s underground through an area of not more than ten (10} faet in width across the real estate covered by this instrument an.d the Grantee or Lessee agrees to execute any and all instruments necessary and reasonable for the further developmer_� of the District, inc7.uding the granting of easenents �f not more than thirty f30) feet in width for future railroad tracks and sidings, gas, water, sewerage, telephone, entrance and access roads and electrical lines, provided t�at no such area or easenents shall interfere with any building planned for or constructed on, the said real ��: �. � � �� ` estate by the Grantee or Lessee. (b) The setback area fronting on 20th Avenue shall be planted and landscaped in such a manner as to be as nearly as practicable compatable with the residential area north of 20th Avenue. No development may be made on_any lot fronting on 20tr. Avenue until such planting and landscaping has received the written authority,and atiproval of Chamco, Incorporated. The 5. SETBACK REQUIREMENTS (a) Front Yard No building shal� be constructed on a site nearer than s�venty (70) feet of the right-of-way of West 20th Avenue ;Co�.:nty Trur�h K) ; or nearer than forty (4-0) feet of the right-of-way of any other public street or high�ray. In the case of corner lots, no building shall be constructed within. the designated setback of both abutting public streets or highways. Chamco, Incorporated shall not grant a variance as to this requirement without approval of the City Council of the City of Oshkosh. (b) Side Yard Mini�um side yards shall be twenty-five (2�) feet. In the event that two adjoining siLes shall be owned by the Grantee and in the improvement of such sites a building shall be erec�ed on these combined sites, then the side yard requirements on the interior lines are waived. (c) Rear Yard Requirements and Uses Minimum rear yards shall be t�renty (20) feet. 6. PARKING Sufficient off-street parking shall be provided for employees, customers, and visitors. Total parking area space shall be a minimum of 300 square feet per car. A minimum parking ratio of two spaces for each three enploye�s shall be required on the maximum.employment labor shift of the Grantee. Parking shall be provided along the sides and rear of the buildings wherever practical, but it is permitted anywhere on the premises except in the minimum front yard. For the purposes of permitted parking, the mininum front yard shall be defzned as follows: (a) I�To parking shall be pernitted on the site nearer than fifty (50) feet of the right-of-way of West 20th Avenue (County Trunk K}; or, (b) nearer than .forty (40) feet of the right-of-way of any other public street or highway. ��. � � w, 7. LOADING DOCKS No loading docks or maneuvering areas shall be constructed facing any public street or highway unless said loading dock or maneuvering area and every part thereof is at least seventy-five (75) feet inside the right-of-way line of the public street or highway on which said loading dock or maneuvering area fronts, irrespective of any setback requirements. 8. SIGNS Billboards are not permitted. Advertising signs identifying the name, business and products of the person or firms occupying the premises, traffic directional signs, sales and identification signs for the Southwest Industrial District shall be permitted in accordance with the City of Oshkosh zoning ordinance. 9. OUTDOOR STORAGE AND DISPLAY No outside s�orage of any kind sha11 be permitted unless such storage material is visually screened from all streets with a suitable fence at least six (6) feet in height. Screening shall be attractive in appearance and in keeping with the architectural quality of the main structure. Said storage shall be limited �o the rear two-thirds of the property, and within the building setback lines. No waste material or refuse may be dumped or permitted to remain on any part of the property outside of the buildings. S�orage of fuel oil or other bulk fluids must be underground. Fences, walls or hedges may not extend forward of building setback lines. 10. COP�IMENCEMENT AND COMPLETION OF CONST�UCTION & REPURCHASE OPTIONS Grantee agrees to commence in good faith the construction of the building and site improvements� duly approved in accordance with Section 4 hereof, sixty months from the date of the deed to which these pratective covenants are attached or incorporated in by reference and substantially complete same t�rithin a reasonable time thereafter. If, after the expiration of said sixty months, the Grantee shall not have begun in good iaith the construction of an acceptable building upon said property, Chamco, Incorporated shall have the option to refund the purchase price and enter in�o possession ai said property. In the event. any owner of land lying within the Southwest In�ustrial District shall desire to sell all or any part of the land which at�the time is unimproved, owned in such District separate and apart from the improved portion of the tract owned, then Chamco, Incorporated shall have the prior right and option to purchase the unimproved premises proposed to be sold at the same price per acre paid by the owner of said land when originally acquired from Chamco, Incorparated and prior to any sale of such premises, the owner of such tract, his successors or assigns, shall notify Chamco, Incorporated in writing of his intention to sell, describing the � ��r � f� { � �si�� '}��,�,� °rn.''�rr� ..s�,.i`��... premises to be sold, and Chamco, Incorporated shall have sixty (60) days from the date of receipt of such notice to exercise its option. In the event of acceptance of such offer by Chamco, Incorporated� conveyance sha11 be by wa�ranty deed free and clear of all liens or encumberances created by act or default of purchaser. In the absence of written notification sent by Chamco, Incorporated or its election to exercise said option� such owner shall be free to sell such premises to any person, firm, or corporation and at any price deemed desireable by such owners. Use of said.lands by any purchaser shall be subject to applicable zoning ordinances, restrictions and regulations of the City of Oshkosh and these covenants. 11. ENFORCEMENT AND INVALIDATION In the event Grantee violates any of the terms or conditions hereof and fails to cure same within thirty (30) days after the receipt of written notice from Chamco, Incorporated to do so, then Chamco; Incorporate� hereby exgressly rese�ves the right, privilege and license to enter upon the premises and take any action to cure such violation and all reasonable cost thereof shall be at the expense of the violator. In addition� Chamco, Incorporated may pursue any other legal remedies available to it to enfo�ce the covenants and restrictions set forth herein. With the exception of the time limit for action by Chamco, Incorporated, the failure of Chamco, Incorporated or any property owner to enforce any restriction herein contained shall in no event be deemed to be a waiver of the right to do so thereafter nor.of the right to enforce any other restriction. The invalidation of any one of the covenants or restrictions herein set forth or the failure to enforce any of said restrictions at the time of its violation shall in no way affect any of the other restrictions nor be deemed a waiver of tne right to enforce the same thereafter. 12. VARIANCES Notwithstanding anything herein contained to the contrary� Chamco, Incorporated expressly reserves the right at any time and fram time to time to authorize variances from the strict application of these Protective Covenants or an.y one or more of them where the circu.mstances� in its sole and exclusive judgment� justifies the grar_ting of same. Any varia�ce here�arder sha11 be in writing and executed by an authorized ofiicer of Chamco., Incorporated. No variance which affects setbac'_� or plantings along 20th Avenue or which allows a prohibitive use under Section 2, shall be eifective �ntil said variance has been submitted to the Ctiy Council, who shall have the rigrt at its next succeeding meeting following said submission to veto the variance granted by Chamco, Incorporated. 13. TERMS AND AMENDMENTS These Protective Covenants shall continue in full force and effect until January 1,_2000 and shall be thereafter renewed for successive ♦ � • 4 ten-year terms unless the Protective Coven t ��rm;n ..c� b�the_ Common Council, Cit� of Oshkosh,,,,_�„ri o.,r.�,�,_.o�h�..�x�iration o#' the mutual or renewed terms of the Prote�ti�e C'�vPnan�,�� an� tha�"�Yiese ��ec�Eive Co�,,,v��,._ Pr,�� amPn�7P� � or extended witY� such restriciions, conditions� and covenants and this right to so alter, amend or extend shall exist as long as the Protective Covenants remain in effect. � ��Rx � � ,�.,^ .u., , ��.::� 0 _ . . .. . . . ...I . . � � . . � . . . � . � � , _.._._. __ .._�_... . . . . .___-:�.. _. � ._.-...._.� ._ .. -�c-__.�.._.� � ,w � � ek .�§�.h . �... 1�'� l' Y� �� t� — �'��` � f" O�hkosh 5outhwest lndustrial YarK ` _ � .?�\_ � r l,l . 5 . i-f - A � � � ..� o0 d � , � --� -SJ O � oA � Ul? 00 � � -----d---- �� W � � $ W O w 0 � � � O � W 0�4 � a� � -� � � �.1 � O � � 6` �°- v1 �t .� \ � � �v � �" � �� , . � Os��kci,F� N�rth In�iustrial Pprk �� i�� htar��iia r t. t•1 i 1) w� rl< Com��:iny �choa l Stc�i i �nrrr, 3.2 3.7 3.t1 3.0 � 1.1 1 , 18.0 1 . 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