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CITY OF OSHKOSH 8 Tx:4182T15
STORMWATER MANAGEMENT FACILITY 1703996
MAINTENANCE AGREEMENT
Document Number Document Title REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
The City of Oshkosh,the Governing Body,and FQ Washburn,LLC,the Property owner, 12/2312015 9.14 AM
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 JULIiE: PAGEL
described in this Agreement in connection with the surrounding public storm water REGISTER OF DEEDS
facilities. The consideration for this Agreement includes the City's approval of proposed
development on the Property. Additional consideration includes the Property owner's RECORDING FEE 30.00
clearer understanding of storm water drainage obligations for the Property,and the PAGES` 13
Governing Body's assurance that the storm water drainage issues relating to the property PAGES:
13
be more easily achieved through this Agreement.
CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT:
Recording Area
1+Q Washburn, LLC,A Wisconsin Limited Liability Company Name & Retum Address:
Oshkosh City Attorney's Office
GOVERNING BODY: City of Oshkosh 215 E.Church Avenue
PO Box 1130
PROPERTY SUBJECT TO THIS AGREEMENT Oshkosh,WI 54902-1130
Tax Parcel Numbers:
The Property subject to this Agreement is located in the City of Oshkosh, Winnebago
County,and is more particularly described as follows: 91317160100
Lot 2 of Certified Survey Map 5 85 5,recorded with the Winnebago
County Register of Deeds on February 21,2006 as document
number 1388724. [CSM Attached as Exhibit A]
GRADING AND DRAINAGE PLAN
The Property must always comply with the grading 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. Compliance will be evaluated according to the
most current approved plan. A small scale version of the current grading and drainage plan is attached as Exhibit"B"or identification and
reference purposes. The full scale grading and drainage plan is on file for review with the City Department 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)Notify the Property owner,as well as anyone interested in or connected to the Property that the Property is subject to this Agreement
and Chapter 14 of the Oshkosh Municipal Code,as amended,and that any owner of the Property assumes these obligations;and,
2)Identify specific storm water facilities that currently exist on the Property,or may be constructed or installed in the future;and,
3)Describe the minimum responsibilities for maintaining the Property's approved storm water management facilities and grading and
drainage plan.
RES'T'RICTIONS
The Property must always conform to its most current grading and drainage plan approved by the City. The Property is also subject to all
aspects of the Municipal Code, including storm water management requirements,as may be amended,which are currently located in
Chapter 14 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 Property owner and after review of any changed circumstances on the Property, The approved grading and drainage plan
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September 28,2015 0, ( 3
, l
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
for the Property will be on file in the City of Oshkosh Department of Public Works and is fully incorporated by reference in this
Agreement.
RESPONSIBLE PARTIES
Each owner of the Property,jointly and severally,as well as their heirs,successors,and assigns, is responsible for maintaining the
Property in the manner described in this Agreement. The Property owner's responsibilities include maintaining approved vegetation,
grading,drainage,and storm water facilities on the Property.
STORM WATER FACILITIES
The Property's storm water facilities consist of
1. Storm Water basin;and
2. Infiltration Basin;and
3. Storm Sewer;and
4. Inlet and manhole covers.
INSPECTION AND MAINTENANCE
All storm water facilities and components of the storm water system shall be inspected at least semiannually,with one inspection occurring
in early spring and one inspection occurring in early autumn. The Property's storm water drainage system must also be inspected after
major storm events. The storm water facilities and grading and drainage scheme must be maintained as designed in order to achieve the
desired storm water drainage objectives. Therefore,maintenance and repairs trust be performed expeditiously when system deficiencies
are identified. The existence of soil erosion,clogged or damaged inlets and/or pipes,sedimentation of the basin and/or biofilter,rilling of
side slopes,and other damaged features 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 an Infiltration Basin is installed/constructed,then maintenance activities include:remove coarse and gravel sediment that has
accumulated;inspecting surface and repair eroded areas; inspect energy dissipator rock or grass inlet areas; inspect overflow structures;
remove litter and debris;and replace vegetation when necessary. Infiltration Basin inspection and maintenance requirements applicable to
the Property will change as the rules enforced by the Governing Body change.
If a wet basin is installed/constructed,then dredging operations are required to remove the excess sediment when the depth of water in the
wet detention basin diminishes below three feet causing the efficiency of the detention basin to decrease. The storm water detention
basin(s)must retain the safety shelf after dredging. Damage to the safety shelf or detention basin liner must be repaired to preserve the
safety and operation of the facilities.
If a dry basin and/or Swale is installedlconstructed,then dry basin and swale maintenance includes removal of trash and debris,repairing
erosion,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 potential maintenance or repair activities is identified in the Inspection and Maintenance Logs attached as
Exhibit C. The Property owner shall,upon request,make available for inspection all maintenance records to the City's Department of
Public Works,or any agent of the City,during the life of the system.
PROHIBITIONS
Mowing in buffer areas,detention basin banks and drainage ways shall be minimized in order to maximize filtration of runoff. If
occasional mowing is necessary,the mowing height must not be less 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.
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September 28,2015
}
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
COMPLIANCE
The Property benefits from a properly maintained grading and drainage plan as well as properly maintained storm water facilities. In the
event the Property owner fails to perform any obligation related to this Agreement,the City of Oshkosh shall have the authority to enter
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 Property and take
such action is not an exclusive remedy,and the City may take any lawful action to enforce this Agreement and/or the Municipal Code.
The Property owner grants 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 necessary access to any storm water facility that is
located on or within the Property. The City 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 water facility. If the City elects to perform
maintenance or repairs on the Property,then all associated costs for performing this work and enforcing this Agreement and/or storm
water management requirements of Chapter 14 of the Municipal Code,as may be amended from time to time,are subject to
reimbursement from Property owners,jointly and severally,or through encumbrances on the Property itself. 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 Property owner as allowed by law at the City's discretion. Any
Special Charge for Current Services shall be a lien on the Property and shall be collected with the real estate taxes.The Property owner
affirmatively waives notice requirements for Special Charges,and this provision shall constitute the Property owner's,and any respective
lot/parcel owner(s)if applicable,waiver of notice of headng 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.
This Agreement is not intended to benefit third parties and there shall be no third party beneficiaries.
RECORDING
This agreement shall be recorded with the land records of the Winnebago County,Wisconsin,Register of Deeds. FQ Washburn, 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 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 FOLL OWSI
This document was drafted by.-
David
y:David J.Praska
Assistant City Attorney
Oshkosh, W154903-1130
3
September 28,2015
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
For the Owner/Developer:
Date: ! !
FQ Washburn,L
By: - . �7— -
M wo a ing It'ember
State of Wisconsin )
)ss.
Fond du Lac County )
Personally came before me on this__�—day of X)U 2015,the above named, Mark Twohig,to me known
to be the person whom executed the foregoing instrument A JW and ackn wledged the s lne.
4=ZIS-." �3U�?r�fyl;;fiNotary Public,State of Wisconsin
{
a� ry commission expires; (-eAj,95jaD\t)
MIRANDA M.
For the City of Oshkosh: j MASKA
Date; �lflj�FOF w95���y`
Mark A,Rohloff, City Manager Pamela R. Ubrig,City Clerk
State of Wisconsin )
)ss.
Winnebago County }
Personally came before me on this 9�h day of J)eC e m bt 2015,the above named,Mark A.Rohloff and Pamela
R.Ubrig,to me known to be the persons who executed the f re ing' ment and ac owledged the same.
Notary Pub tc, ate of Wisconsin
My commission expires: =1'7
Approved as to form:
Date-.--
L .
ate:`L . A. orenson,04i Attorney
4
September 28,2015
t -
CERTIFIED SURVEY MAP NO. i1 a✓S PAGE 1 OF 3
ALL OF LOT 478 OF THE 3RD ADDITION TO WESTHAVEN, BEING A PART OF THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 16 EAST, CkTY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN
UNPLATTED
LANDS o z
POINT OF x a I
LaT a80 { BEGINNING m i� 119
58935'3Q"E 373.20'
LOT=479 T ------ TA-E
�2O' SANITARY SEWER
25' SANITARY SEWER EASEMENT PER PLAT ai y F
--- EASEMENT PER THIS CSM
(SEE PAGE 2 FOR N
° PROVISIONS
L0T 477 "1 LOT 1 f3'l7f on
x c 65,340 S,F.
1.500 ACRES r 3 ;:
zh
LO"L 476 I T 12' n vi I
N89'36'30"W
LO478 362.59' 0 45'
1z ro
LOT 475 I 3RD ADDITION TO WESTHAYEN
I >,
b 12' X 30' CROSS ACCESS
EASEMENT PER THIS CSM x <o
to
CO of LOT 474 I In
v 41._._.._....... N Zzi
x 7
LOT 2 13--17��_r
�I LOT 473 m 113.030 S.f 30.
2.595 ACRES s'
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0 1_0T472 1 Co z
o. —--1 GRAVEL Y m z
- - -- DRIVIWAY o
`1 12, Punuc UlIurY 0 a
LOT 471 I — f EASEvWT PER PLAT
———— — ZY17_0'r6m9uS1L"—— � w
N8933'00•W TOM OF ALGOMA 3 ,75'
o I a- 119'
Q LOT 470 !x UNPLATTED m
S? In� LANDS I
SOUTH 1/4 CORNER C4
I�i? SEC. 28, T.18N., R>16E rNi
I� (COMPUTED LOCATION PER °a
to RECORDED PLAT) a
ti �^S89 22'29 E ,-- 2555.18'' y _
5. LINE OF SOUTHEAST 1/4, SEC, 28
(PER RECORDED PLAT)
-rJ- NORTH IS REFERENCED TO
THE 3RD ADDMON TOSCIO.AF& FOR: -BECHARD GROUP, INC.
WESTHAVPN, CITY OF -DENNIS JOCHMAN
OSHKOSH, WINNEBAGO flAVID M.'. -t7 PARK PLACE, SUITE 100
COUNTY, WISCONSIN. SCH+fALz
8-12114 = —APPLETON, H1 54914-8271
i NEENAH 100 50 0 100
Wis
LEGEdDu••''.��. SCALE -- FEET
0 3/4 x 24" ROUND IRON REBAR
WEIGHING 1.5 Ihs./Ilneol M SET AENGINEERS
/�oy. a
• - 1" IRON PIPE FOUND (1.315 O.D.) 476 ARCHITECTSyI >»SCIENTISTS
jlii( - 2' IRON PIPE FOUND (2.375" �'�d/ ASSOCIATES, INC, ■SURVEYORS
CERTIFIED LAND CORNER aJ' 1445 McMahon Ilrtve Neenah, WI 54356
WINNEBAGO COUNTY Qo'/S'�� Mailing Address:
S.F. — SQUARE FEET P.O. Box 1025 Neenah, WI 54957-1025
--x--- EASiING FENCE DRAFTED BY: Coray Kalkofen Tft: 920-751--4200 FAX: 920--751-4284
Exhibit � bf
CERTIFIED SURVEY MAP NO. 5 PAGE 2 OF 3
ALL OF LOT 478 OF THE 3RD ADDITION TO WESTHAVEN, BEING A PART OF THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN
1, David M. Schmalz, Wisconsin Registered Land Surveyor S-1284, certify that i have
surveyed, divided and mapped all of Lot 478 of 3rd Addition to Westhaven, being a part of
the Northeast 1/4 of the Southeast 1/4 of Section 28, Township 18 North, Range 16 East,
City of Oshkosh, Winnebago County, Wisconsin containing 178,370 Square Feet (4.095 Acres)
of land and more particularly described as follows:
Beginning at the Northeast comer of said Lot 478; The next five calls are along the
boundary of said Lot 478; Thence SO4'23'22"W, 219.41 feet; Thence S0315'38`E, 265.96
feet; Thence N89'33'WW, 379.75 feet; Thence NOO'58'22"E, 483.94 feet; Thence
S89'36'30"E, 373.20 feet to the Point of Beginning, Subject to all easements and
restrictions of record.
1 further certify that this map is a correct representation of the exterior boundary lines of
the land surveyed and the division of that land, and that 1 have compiled with section
236.34 of the W€scansln Statues and City of Oshkosh Subdivision Ordinance in surveying,
dividing and mapping the some.
R�J[�E,r O'�•�R'bL /
Given under my hand and seal this_. L_.doy of20_A
/� 'XZ-'1/
David M. Schmalz, Reg. W1 Land Surveyor S-1284
DAVfD M.
SClfr!ALZ
i NEENAH
Wis. :¢
NOTES: �� SUANti�
- THIS GSM IS ALL OF TAX PARCEL NO.: 91317160000
- THE PROPERTY OWNERS OF RECORD ARE: FLANAGAN do STAUFFER, A CO-PARTNERSHIP
- THIS PROPERTY iS CONTAINED WHOLLY WITHIN LANDS DESCRIBED INgboC�J en�to. 5 Vol: 157
- SUBJECT TO COVENANT PER THiE RECORDED PLAT OF THE THIRD ADDITION To WESTHAVEN. P5
'THIS PLAT IS SUBJECT To SECTION 30-39 (h), STORM DRAINAGE AND GRADING PLAN, OF THE OSHKOSH
MUNICIPAL CODE AS IN EFFECT ON THE DATE OF THIS FILLING, THIS SECTION REQUIRES THE FILING OF AN
APPROVED DRAINAGE PLAN. SAID PUN HAS BEEN APPROVED AND IS ON FILE IN THE OFFICE OF THE CITY
ENGINEER FOR THE CITY OF OSHKOSH, WISCONSIN.'
SANITARY SMWLEMEMERT PROVISIONS,
NO IMPROVEMENTS ALLOWED WITHIN SUCH DESIGNATION. IMPROVEMENTS
INCLUDE, BUT ARE NOT LIMITED T0; BUILDING STRUCTURES, PARKING
AREAS, LANDSCAPING, AND/OR FENCES. ANY IMPROVEMENTS SHALL BE
ALLOWED ONLY BY SPECIAL EXCEPTION OF THE BOARD OF PUBLIC WORKS,
Exhibit .
CERTIFIED SURVEY EMAP NO, PAGE 3 OF 3
ALL OF LOT 478 OF THE 3RD ADDITION TO WESTHAVEN, BEING A PART OF THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
WNNEBAGO COUNTY, WISCONSIN
OWNER's CERTIFICATE
Flanagan & Stauffer, a co-portnershlp, as Owners, We hereby certify that we caused
the land described on this map to be surveyed, divided and mapped as represented
on this map.
Doted this Z.Or day of -8 IJ 204)6,
Flanagan Stouffir. o_gg-po___. to
Witness 4or
M. Flava a
Printed ame
State of V—sell
)ss
O taCounty)
Personally appeared before me on the 2202/da of . rule 0/49X. 203 �v the above
named owner(s) to me known to be the person(s) who executed the foregoing instrument
and acknowledged the same.
Notary FubllcW6,Vmss- V-, J a Ch'&,q A) mq
O 0 ZlGh 11X'E County, W1 [Seal] _
My commission expires 6
'DAVID M."..
SCHMALZ
NEE?NAH
WIS
' S •
CERTIFI-CAM OF CITY OF OSHKOSH..EL6NNINQ QOMMISSION Ra.s-A
2nIs-v-
This Certified Survey Map being all of Lot 478 of the 3rd Addition to Westhaven, being a
part of the ortheast 1/4 of the Southeast 1/4 of Section 28, Township 18 North, Range
15 E^ost y of Osh ash, Winnebago County, Wisconsin, is hereby approve
s s onn ng omm ss on Date
Representative
CERT€FICAg 0_ F MEMBERS
I, being the duly elected, qualified and acting Treasurer, do hereby certify that In
accordance with the records In my office there are no un--pald taxes or un-paid
special assessments on any of the lands Included In this Certified Survey Map as of:
oun yreasurer •- ry Krueger Date
' .2 o
City Directorof Finance - ward A. Noles Dote
. Exhibit d1:3
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Exhibit
Inspection-& Maintenance Log
Detention Basin
Inspection Year:
Name of Site: Address:
Inspector: Company:
Municipality Phone:
Contact:
* Facility owner responsible for inspecting, maintaining, and repairing facility components after major
storm events (greater than %"), annually 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 five years(or more frequently if concerns are noted).
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
Pond
Bank Erosion
Debris I Trash Accumulation
Visible pollution *
Abnormal water levels
Sediment Accumulation
Depressions, Whirlpools, Sinkholes
Embankment
1. Upstream Slope- Poor Grass Cover*
Erosion or Slides
Trees/Brush Growing on Slopes
Deficient Rlprap Protection
Animal Burrows *
Depressions or Bulges
Settlement
Longitudinal Cracks
Transverse Cracks
Page 1 of 4 Rev,02/22/2008
Exhibit
Inspection & Maintenance Log
Detention Basin
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
2. Crest—Settlement*
Misalignment
Cracking
3. Downstream Slope - Poor Grass
Cover*
Erosion or Slides
Trees/Brush Growing on Slopes
Animal Burrows *
Excessive or Cloudy Seepage
Longitudinal Cracks
Transverse Cracks
Depressions or Bulges
Settlement
Seeps, leaks, or boils
Page 2 of 4 Rev.02/22/2008
Exhibit .�_._.
Inspection & Maintenance Log
Detention Basin
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
4, Emergency Spillway— Exposed
Fabric'
Overgrown Vegetation
Erosion/Backcutting at berm or road*
Rutting or pot-holes*
Obstructions or debris
Inadequate Riprap/Armor
Cracking
Slumping/Sloughing of Embankment
Settlement
Spillway
9. Eroding or Backcutting
Overgrown Vegetation
Obstructions with Debris
Excessive Siltation *
Slumping/Sloughing
Control Structure
1, Inlet-Debris in Conveyance Area
Erosion or Undercutting *
Stop-log deterioration/leaking
Joint Separation
Cracks in Concrete
Deteriorated piping
Displacement of Structure
Page 3 of 4 Rev.02/2212008
Exhibit
Inspection & Maintenance Log
Detention Basin
2. Outlet- Erosion or Backcutting
Debris in Culvert or Trash Rack
Undermining/Scour*
Inoperable control valve
Inoperable flap gate
Joint Separation
Cracks in Concrete
Downstream Area
1. Erosion *
Debris I Obstructions
2. Bridge 1 Culvert Problems
Buildings Issues
Foundation Concerns
Page 4 of 4 Rev.0212212008
Exhibit C � �
Inspection & Maintenance Log
Bioretention & Rain Garden
Inspection Year:
Name of Site: Address:
Inspector: Company:
Municipality
Contact: Phone:
* Facility owner responsible for inspecting, maintaining, and repairing facility components after major storm
events (greater than %"), annually 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 five years (or more frequently if concerns are noted).
Inspection Item Storm Storm Storm Maintenance Action Date
Date Date Date
Outlet[Standplpe
Debris/Trash Accumulation* Clean up/Remove
High water levels(near top of basin)* Clean/Inspect discharge
Emergency Spillway
1 e.
Erosion or Depressions* Repair/Restore
Missing Rock* Re air/Restore
Basin
Debris/Trash Accumulation* Remove
Visible pollution (oil sheen, algae, etc)* Report to municipality.
Clean and remove
pollution
Wilting/Dying Plants* Water and/or Replant
per approved plan
Erosion or Depressions* Repair/Restore
Long-Term Standing Water(greater Restore(remove mulch,
than 3 days after rain event)* scarify soils around
plants, add new mulch)
Poor vegetation density Replant per approved
plan
Animal Burrows* Repair. Remove
nuisance animals
Undesirable/invasive vegetation Remove/Treat with
herbicide.
Voids in mulch area Add mulch to depth of 3"
Page 9 of 1 Rev.02/2212008
Exhibit j�op �