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Home My WebLink AboutTJR on 44,LLC & Oshkosh/ Stormwater Mng CITY OI,OSHKOSH g g Q 4 6 6 9 STORMWATER MANAGEMENT FACILITY Tx:4717567 MAINTENANCE AGREEMENT 1721945 Document Number Document Title REGISTER'S OFFICE The City of Oshkosh,the Governing Body,and TJR on 44,LLC,the Property owner, WINNE13AGO COUNTY, WI along with their successors and assigns,are the parties to this Agreement. The purpose of RECORDED ON this Agreement is to ensure adequate storm water drainage facilities for the Property 09/01/2016 9:47 AM described in this Agreement in connection with the surrounding public storm water CHRISTOPHER LARSON facilities. The consideration for this Agreement includes the City's approval of proposed development on the Property. Additional consideration includes the Property owner's DEPUTY REGISTER OF DEEDS clearer understanding of storm water drainage obligations for the Property,and the RECORDING, FEE 80.00 Governing Body's assurance that the storm water drainage issues relating to the property PAGES: 9 can be more easily achieved through this Agreement. CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: TJR on 44,LLC 2350 State Rd 44 Recording Area Oshkosh WI 54904 Name & Return Address; Oshkosh City Attorney's Office GOVERNING BODY; City of Oshkosh 215 E.Church Avenue PO Bos 1130 PROPERTY SUBJECT TO THIS AGREEMENT Tax Oshkosh,BVI 54902-1130 Parcet Numbers: The Property subject to this Agreement is located in the City of Oshkosh, Winnebago 91329000407 County,and is more particularly described as follows: Lot 1 of Certified Survey Map Number 6900,recorded with the Winnebago County Register of Deeds on December 12, 2014 as Document Number 1677896. [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 put-poses. 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-nay 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. RESTRICTIONS 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 1 April 6,2016 V CITY OF OSHKOSH STORNIWATER 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 stonri water facilities on the Property. STORM WATER FACILITIES The Property's storm water facilities consist of: 1. Storm Water Biofilters;and 2. Storm Sewer. INSPECTION AND MAINTENANCE All storm water facilities and components of the storm water system shall be inspected at least semiaturually,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 storni 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 must 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 biofrlter,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 biofrlter may require special handling dependent upon current Wisconsin Department of Natural Resources disposal practices. If a biofilter is installed/constructed,then biofrlter maintenance activities include:remove coarse and gravel sediment that has accumulated;maintaining proper level of mulch;inspecting surface and repair eroded areas; inspect filter strip rip-rap and repair as needed; inspect energy dissipator rock or grass inlet areas; inspect overflow structures;replace filter bed; inspect perforated pipe under drain;remove litter 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 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 installed/constructed,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. COMPLIANCE 2 April 6,2016 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title Tine 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 tine 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 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. 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. TJR on 44, 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„FOLLOWSI This document was drafted by: David J. Praska Assistant City Attorney Oshkosh, BVI 54903-1130 For the Owner/Developer: 3 April 6,2016 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title Date: 81 12=1 1 to TJR on 44,LLC ey S. Rogge,Managing Member State of Wisconsin } )ss. Winnebago County } Personally came before me on this 1, �V ,2016,the above named,Jeffrey S.Rogge,to me known to be the person whom e. �� $instrument and acknowledged the same. a� �' 1�11,C.c-tJU�• 1- taty Public, State of Wisconsin y commission expires: 2019 For the City of Oshkosh: Date: 1 c.::.7 1 a 4 {\\-:. •.. Mark .Rohloff,City Manager Pamela R. Ubrig,City Clerk State of Wisconsin ss. Winnebago County } Personally came before me on this day of � 2016,the above named,Mark A.Rohloff and Pamela R. Ubrig,to me known to be the persons who executdd the foregoing instrument and acknowledged the,s aWell 11te"Ffl" otary Public, ate of Wisconsin �0 ' s My commission expires: 51 1,51ZD?L) Approved as to fonn: aOr W 1150 p .Loren n, C ty ttorne 4 April 6,2016 CERTIFIED SURVEY MAP NO. ALL OF THE "FORMER B10HWAY 44 BUSINESS PLACE CONDOMIIQ1TJSC", BEIN(; PART OF THE NORTHWEST 1/4 OF TUE SOIJ'I~MST 1/4 OF SECTION 33, TOWNSHIP 18 NORTH, RANOE 16 EAST, CITY OF OSHKOSH, WINNEBA60 COUNTY, WISCONSIN. SURVEY FOR.- H" OR;H"44 BUSINESS PLACE, LLC. 2380 STN. A4' OSHKOSH, W7 54904 CENTER OF SECWN 33 I T18N—R16E j ALUMINUM MONUMENT FOUND 40 I10I,1 093$96 f;~ SI�PL977£019N�R j 1,�• \\ar. gad -----------------\ 1 T1s 'iA LOT 1 ` woo jc°ii `� �,� �. y 67,0725Q.FT./1338AC. \\QO d �$ LOT 2b� moi\ 150,433 SQ.F'i'./3.453 AG tia ? _ i Sr 0! D ofocutrAgFL aALLdA \°a 11O' Sip' '<. I W�^93 COIIVERCVL 9lAloNc ?. �/ SON $166 4 °o. 5 5*tia // sw o r t a rao icer M too / BEARAPC$ARE REfFROKEO YO rkx WZY&F&CO I SOUTH 1/4 CORNER l Coun7y CQORXWE Sy51Eu OF 1983(1997) I SEGTION 33, T16N—RISE / / \ ALUMINUM MONUMENT / / LEGEND FOUND / // `�` // r .1—r/4`0.9.rRON PfPE SEr, 19'Low / WElGN1NC 1.139 L85 F. UN. FOOT ` uyAl1u44uufpr/r''/ r-7/4'O.A lRAY PrPE rolwo \ o�SooA(&"'/o' covERNHENT c9Rrr 1r Four9 IEWZ UNE Sml7H *� 91 uctrr Paz- OSHKOSH, 9L£ SKOS-18M IM PEDESTALS 45HKOSH, 93 7RAN5f4WMV v� �9,�,� o OWsroRu,tssrnrocg Mar#enson & Eisele, Inc. ��y ,� w YARD DRAW Planning �� a1�" �4 10941kstMafhStreet �nvu'onmenW Oamw 54963Surveyng �0 } PROVECT NO. 0--1918--001 www.martemon-ets&.com Enginewing FILE 1976001CSA4 SHF_ET'1 OF 2 P920.685.6240 x920.685.6340 ArchRecwre ��J 1i�� This huW#ent was dlorred sr. DSL •moi Certified Survey Map No. SURVF,Y'OR"S CERTIFICATE: J,James E.Smith,Professional Land Surveyor,do hereby certify: That I have surveyed,divided and mapped,at the direction of Thomas J Scharpg all of the"Former Highway 44 Business Place Condominium",being part of the Northwest I/4 of the Southeast 114 of Section 33,Township 18 North,Range 16 East,City of Oshkosh,Winnebago County,Wisconsin,described as follows: Commencing at the South 1/4 comer of said Section 33;thence North 00 degrees 41 minutes 14 seconds East 1659.16 feet,along the West line of the said Southeast 114;thence South 89 degrees 18 minutes 46 seconds East 176.68 feet,to the point of beginning;thence North 47 degrees 10 minutes 07 seconds East 289.85 feet along the North line of the said"Forager Highway 44 Business Place Condominium!";thence North 47 degrees 07 minutes 22 seconds East 354.90 feet along the said North line;thence South 35 degrees 43 minutes 40 seconds East 380.00 feet,along the East line of the said"Former Highway 44 Business Place Condominium",thence South 54 degrees 16 minutes 20 seconds West 352.10 feet,along the North right-of-way line of S.T,IL"44";thence South 54 degrees 17 minutes 53 seconds West 257.66 feet,along the said North right-of-way line;thence North 35 degrees 43 minutes 44 seconds West 299.85 feet along the West line of the said"Former Highway 44 Business Place Condominium",to the point of beginning.' ' That I have fully complied with Chapter 236.34 of the Wisconsin Statutes in surveying,dividing,and mapping the same and tho City of Oshkosh Subdivision Ordinances. .This:map is a correct representation of all of the exterior boundaries of land surveyed and the division thereof. N1WnNphkf//� Given under my hand thisday of V � ,2014. d JAMES F. SMS James E.Susi .Land ury yor,S-,188003 OSHKOSH FJ�� ':,�,y WI OQ Owner's Certificates °4jo�,S �J��•�``°� U R a• �7nN7i�;lllll4l� As owners we the undersigned,hereby certify that we caused the land above described to be surveyed and divided as represented on this map. Thomas .Scharpf Debra D.Scharpf 1/ 0 MVY 44 Business Place,LLC HWY 44 Business Place,LLC State of Wisconsin ) )SS Winnebago County ) Personally came before me on the 12.4 of 2014,the above owpe t con to be th%ersonwho exeou _ the foregoing instrument and acknowledge the same. .. """"•.!� My Commission Expires a TA�r -1` PUSYC City_of Oshkosh Planning Committee Certificate: This Certified Survey Map,in Section 33,Township 18 North,Range 16 East Winnebago County, Wisconsin,is hereby approved. By IIVWing Commission Secretary 11 'X 1 PROJECTNO. 0-1916-00f __ _ SHEET 2 of? 1677896 - I REGISTER'S OFFICE WINNEBAGO COUNTY,WI RECORDED ON 12/12/2014 110.2 AHI ■....■ Yoh i Fa- 601 900 3ULIE PAGEL REGISTER OF DEEDS Ja RECORDING FEE 30.09 PAGES.S w 4 \ rz 4g S r a r� �E o \ iiT7� ! .SOP. Y, 1 E 1 r >J O z a qj film a HN / / 1 _ P Ilio tris& �Fk 9 o R DRAINAGE PLAN Martenson&Eisele, Inc. r TACO JOHN'S ." . SS G7Y OF 65T4t0.5H,riititiEBh.GOCWNn',riiSCatiSlY � � yp Inspection & Maintenance Log Bioretention & Rain Garden 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 OutletlStandpipe Debris 1 Trash Accumulation* Clean up/Remove High water levels (near top of basin)* Clean/inspect discharge pipe. Emergency Spillway Erosion or Depressions* Repair/Restore Missing Rock* Re airlRestore 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 of 1 'x h i b 1 t 2008