The URL can be used to link to this page

Home My WebLink AboutB.A.J.S. LLC., & Oshkosh, Stormwater Mng. Agreement 2016 CITY OF OSHKOSH Tx:4223122 STORMWATER MANAGEMENT FACILITY 1724884 MAINTENANCE AGREEMENT Document Number Documcnt Title REGISTER'S OFFICE WINNEBAGO COUNTY, WI The City of Oshkosh,the Governing Body,and B.A.J.S.,LLC,the Property owner, along RECORDED 9N with their successors and assigns,are the parties to this Agreement. The purpose of this 1-0/07/2016 8:56 AM Agreement is to ensure adequate storm water drainage facilities for the Property described in this Agreement in connection with the surrounding public storm water facilities. The CHRISTOPHER LARSON consideration for this Agreement includes the City's approval of proposed development on DEPUTY REGISTER OF DEEDS the Property. Additional consideration includes the Property owner's clearer RECORDING FEE . 0100 understanding of storm water drainage obligations for the Property,and the Governing PAGE 10 Body's assurance that the storm water drainage issues relating to the property can be more easily achieved through this Agreement. CURRENT PROPERTY OWNERS SUBJECT TO THIS AGREEMENT: B.A.J.A.,LLC Recording Area Jeffi-ey Weigandt Name & Return Address: 1414 W.20't'Avenue Oshkosh City Attorney's Office Oshkosh WI 54902 215 E.Churell Avenue PO Bos 1130 GOVERNING BODY: City of Oshkosh Oshkosh,WI 54902-1130 Tax Parcel Numbers: PROPERTY SUBJECT TO THIS AGREEMENT The Property subject to this Agreement is located in the City of Oshkosh,Winnebago 91307290000 County,and is more particularly described as follows: M Lot 1 of Certified Survey Map Number 6225, filed in Volume 1 of Certified SurveyLE Maps on Page 6225 as Document No. 1465999;located in apartof the Southwest'/4of the Southeast'/4 of Section27,T.18N.,R.16E.,intheThirteenth Ward,City ofOshkosh,Winnebago County,Wisconsin 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 A or identification and reference purposes. The frill 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 f iture;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 r management requirements,as may be amended,which are currently located in aspects of the Municipal Code, including storm wate 1 q August 16,2016 CITY OF OSIIKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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 pian for the Properly 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. £1. Dry Detention Basin;and 2. Swales;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 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 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 a biofilter is installed/constructed,then biofilter 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 rlp-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 miniYnum 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 B. 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. 2 August 16,2016 CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEN ENT Document Number Document Titte 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 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,andlor 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. Ifthe 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 fi-om 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 See.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. B.A.J.S., 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 amendnnent(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,nm with the land and any amendment to this Agreement shall be subject to the prior approval by the City of Oshkosh. jSIGNATURE PAGE FOLLOWS] This document was drafted by: David J. Praska Assistant City Attorney Oshkosh, W154903-1130 3 August 16,2016 CITY OF OSHKOSH STORNIWATER MANAGEMENT FACILITY MAINTENANCE AGREENICNT Document Number Document Title For the OWner/Developer: Date: ;tz? -a B.A.J.S.,LLC °I 1 eigandt,Managin 11 ember Statz of Wisconsin ) ss. 'w4inebago County ) Personally came before me on this day of 2016,the above named,Jeffrey Weigandt,tome known to be the person whom executed the foregoinn and acknowledged the same. Notary P blie, Sta e o W' c s' My commission expires: � � For the City of Oshkosh: Date: i f!! �nz�e Mar A.Rohloff, City Manager Pamela R. Ubrig,City Clerk State of Wisconsin ) )ss. Winnebago County ) Personally came before me on this day of OC Q,� ,2016,the above named, Mark A.Rohloff and Pamela R.Ubrig,to me known to be the persons who executed the foregoing instrument and acknowledged the gIRa/VV% f� €. r Notary Public, State of Wisc nsm 1 ,,\O TA My commission expires: Approved as to form: A) ' + N, , . �A'` CIg SIG afiWISG ° Lorenson, CV,AV —imey 4 August 16,2016 -r1r _ _.. �_i9C" N�•N'LfW 71393`- '._� -_ i 1 . D k 1 1 b j s i s 7 R t r t 3[ r x ` yl _r� s-_ r ++1'•l _ �'6x gg F a !f > I r I � f Qz fl I1 m x a 6f � a Iei�g E ax �If11C7o8�01{}O•aU09v0 a '� � � �� d�� s - r?r1O1•Sveee 6y_ >,Z i 1 Ka a �` Z r iv$ ia3�rSAf Ear Q{P,� `rte � a v 0 _ 8 _ t � i 0"Jiil's I nIIIur't/. �I, I I IN lip — �� r 'O�rice. c ay�ac ; _y nx 5�5" Cn SUBMITTAl- 06/04/241i'3 tjjjFllnl%t1 V.JY.15 3Ae A'SVnYh1.34•A6n40.E S.�UIXro.'.p 3fdH 9y. 1414 W 20th St DA VEL ENGINEERING& w DRAINAGE&GRADING ENWRONMENTAI,INC. City of Oshkosh,Winnebago County,W1 PLAN CML EWNE£RM QONStkTAWs p N ¢•F3 For.West End Pizza E 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 Storni Storm Maintenance Action rata Date Date nate 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 Riprap Protection Animal Burrows Depressions or Bulges Settlement Longitudinal Cracks Transverse Cracks Page 1 of 4 Rev,02/22/2008 Exhibit ^ 40 5 Inspection & Maintenance Log Detention Basin Storm Inspection Item Storm Storm Date Date Date Date Maintenance Action pate 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.02/2212008 Exhibit o-�s Inspection & Maintenance Log Detention Basin i Inspection Item Storm Storm Storm Maintenance Actlon Bate Date Date pate 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 1. 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 a Rev.02/22/2008 Exhibit - � Inspection & Maintenance Log Detention Basin i 2. Outlet Erosion or Backcutting Debris in Culvert or Trash Back Undermining/Scour Inoperable control valve Inoperable flap gate Joint Separation Cracks in Concrete Downstream Area 1. Erosion ' Debris/Obstructions; 2. Bridge/Culvert Problems Buildings Issues Foundation Concerns Page 4 of 4 Rev.02122/2008 Exhibit - :±15 Inspection & Maintenance Log Catch Basin I Proprietary Device lrispec#ion 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 ]tem Storm Storm Storm Maintenance Action Data Catch Basin/Proprietary Device Date Date Date Inlet Protection " Remove after Stabilization Debris J Trash Accumulation* Clean up/Remove Abnormal water levels * Contact Municipality Sediment/Floatables Accumulation* remove(pump and dispose of at wastewater treatment plant)** Depressions around facility Contact Municipality Joint Separation Contact Municipality Cracks in Concrete Contact Municipality Deteriorated piping Contact Municipality Displacement of Structure Contact Municipality ** Pumping Details (based on design guidelines): Type of unit(s) Design pumping Frequency Dates Pumped Pumper Disposal location Page 1 of 1 Rev.02/22{2.008 Exhibit s