Loading...
HomeMy WebLinkAbout Ronald & Jane Johnson 3465, 3555 Moser St 2017 1 REGISTER'S OFFICE STORMWATER MAINTENANCE AGREEMENT WINNEBAGO COUNTY, kI RECORDED ON 06/06/2011 09:30AN JULIE PAGEL REGISTER OF DEEDS THIS AGREEMENT made and entered into this 31st RECORDING FEE 30.00 day of May , 2011, by and between GNC Oshkosh, TRANSFER FEE LLC, a Wisconsin limited liability company("Parcel I Owner"), OF PAGES 12 Ronald H. and Jane K. Johnson,LLC, a Wisconsin limited liability company("Parcel 11 Owner"), hereinafter collectively called the "Owner"or"Owners," and the city of Oshkosh, hereinafter called the"City." WITNESSETH: a) The Owners own land described on Attachments 1 Recordinp,Area and 2, situated in the city of Oshkosh, Wisconsin, hereinafter called the "Property." Name and Return Address: Atty.Roy N.Fine Di Renzo&Bomier,LLC b) A stormwater detention pond, including inlets and P.O.Bax 789 W outlets thereinafter the "Pond") is located on Parcel I, Neenah,wl 4957-0788 which pond is utilized by Owners. 915-1960-63 and M-1960.64 Parcel Identification Number(PIN) c) Owners wish to allocate the duties and responsibilities relating to the maintenance of the Pond. NOW,THEREFORE,in consideration of the following terms and conditions, the parties hereto agree as follows: 1. The Owners, and their successors and assigns,shall maintain adequate stormwater management practices. Adequate stormwater management and stormwater facility maintenance shall mean ensuring that the Pond is in good working condition so that it performs its design function in accordance with the stormwater maintenance pian referred to in Exhibit A. 2. The Owners, or their successors and assigns, shall conduct in-depth inspections of the Pond at Ieast twice each year and brief inspections monthly. The standard Operation and Maintenance Report attached as Exhibit B shall be used for the regular semi-annual inspections of the Pond. The Owners, or their successors and assigns, shall keep the Operation and Maintenance Reports from past inspections as well as a log of maintenance activity indicating the date and type of maintenance completed including records of the brief monthly inspections, The reports and maintenance log shall be made available to the City for review upon request. Deficiencies shall be noted in the Operation and Maintenance Report. 3. The Owners,or their successors and assigns,hereby grant permission to the City, by its authorized agents and employees, to enter upon the Property solely to inspect the Pond, or to perform corrective actions as noted below as the City deems reasonably necessary. The City shall provide the Owners, or their successors and assigns, copies of the inspection findings k and a directive to commence repairs, if necessary, Corrective actions shall be taken within a reasonable time frame as established by the City. 4. If the Owners, or their successors and assigns, fail to maintain the Pond in good working condition acceptable to the City and do not perform the required corrective actions in the specified time,the City may: Perforin the corrective actions identified in the inspection report and charge die Owners,jointly or severally, or their successors and assigns if the failure occurred subsequent to the Owners' ownership, for the cost of such work by way of a special charge pursuant to Wis. Stats. §66.0627, as amended. 5. This Agreement shall be recorded at the city of Oshkosh in the office of the Winnebago County Register of Deeds, and shall constitute a covenant running with the land, and shall be binding on the Owners, and their administrators,executors,assigns, heirs, and any other successors in interest. 6. Nothing in this document is intended to alter the responsibilities and duties allocated between the Owners, as stated in that certain Drainage Basement recorded as Document No. 1451105 in the Winnebago County Register of Deeds office. 7. The Owners shall retain and repair the Pond as follows: (a) Parcel I1 Owner shall maintain the Pond, at Parcel II Owner's sole expense, until such time as Parcel I Owner elects to utilize the Pond. (b) When Parcel I Owner elects to utilize the Pond, the following terms shall apply: Parcel II Owner shall maintain the Pond in compliance with any applicable agreement with the city of Oshkosh or other governmental authority and Parcel I Owner and Parcel II Owner shall each pay fifty percent(50%)of the cost and expense of maintaining the Pond. Parcel I Owner shall pay its share within ninety(90) days after receipt of an itemized statement for the same. If Parcel I Owner fails to timely pay its share of such costs and expenses,Parcel II Owner may pay the full cost and then have an immediate right to reimbursement from parcel I Owner,together with interest at the rate of 12%per year on the unpaid amount and all reasonable attorney fees and other collection costs incurred by Parcel II Owner and may file a lien for suchh amount on Parcel I. (c) All repairs and maintenance required by this Agreement shall be performed at such times and in such a manner as are mutually agreeable to the Owners. If the Owners are unable to agree within 10 days of a written request by one or the other on the need for the repair or maintenance, then the matter shall be referred, upon either party's request,to arbitration. S. This Agreement may not be modified except by written agreement of all parties hereto, or their successors in interest. Any modification shall be recorded in the office of the Winnebago County Register of Deeds. 9. In the event that the rights of Parcel II Owner to utilize the Pond are terminated and its responsibilities to maintain and service the Pond have expired,then upon such termination and expiration all references herein to "Owners"shall be deemed to be references to only Parcel I Owner and thereafter the City may charge only Parcel I Owner for costs pursuant to Paragraph 4 hereof WITNESS the following signatures and seals: Parcel Y Owner: GNC Oss h, LL By: Printed Nade: Title: ._ d_ Parcel I1 Owner: Ronald H. and Jane K, Johnson, LLC By: Prin d Name: Ari �o Title: City Authority: CITY Or OSHKOSH By Printed Nam : Title: Acknowledgments State of'Wisconsin • )ss. County of ) / The foregoing instrument was acknowledged before me on c3 Z201 1,by 1� [name], as_ 5ce:�) [tille]of GNC Oshkosh,LLC,a Wisconsin limite lability company,to me known to be the person who executed the foregoing Stormwater Maintenance Agreement and acknowledged the same on behalf of said limited liability c Y. [SEAL] evycomission blic, Statc of Wiscon m expires, State of Wisconsin } )ss. County of � The foregoing instrument was acknowledged before me onw,2011,by firame], as Mom - - - - - flitte]of Ronald H. And Jane K, Johnson,L , a Wisco n limited liability company,to me known to be the person who execrated the foregoing Stormwater Maintenance Agreement and acknowledged the same on behalf of said limited liability company. [SEAL] Notary Public, State of Wisconsin My conunission expires: State of Wisconsin } ss. County of ,- �0 } ���---- The foregoing instrument was acknowledged before me on 11 ,2011, by 1���-ItG�- [nanle], as. - --- -- - —- ------ftille]of the City Authority, City of Oshkoshr-t me known to be the person who executed the foregoing Stonnwater Maintenance Agreeme t an i wl ge the same on behalf of the City of Oshkosh, SEALS ublic, State of Wisconsin My commission expires; -3 This instrument was drafted by: Atty.Roy N.Vitro Di Renzo&Bonder,LLC P.O.Sox 788 Neenah, WI 54957-0788 S:VWfSCOKi'1GNC1Pr�CURLSfotmSriSeY'4ajnlinxnCe lgrnmCnt•iIIL+I ,�ae me known to be the person who executed the foregoing Siorer Maintenance Agreement and acknowledged the same on behalf of said limited liability c mway, (SEAL) N blit, State of Wis on in y enrnrnission expires: State of Wisconsin ) / )ss. County of ` r✓� d o ) The foregoing ins meggt was acknowledged before me on �T /Y,2011,by Pianie], as 76� [11dejofRonald ff.and Jane K.Johnson,LLC, a Wisconsin limited liability company, to me known to be the person who executed the foregoing Sto_r_mwater Maintenance Agreement and acknowledged the same on behalf of said limited liability c P Y. [SEAL) No Public, State of Wisconsin My commission expires: < - •-� State of Wisconsin ) ) ss. County of '+�'_', �} The foregoing instrurnent was acknowledged before me on{ ivy 2011, by [nanle], as Cfifie]of the Ci ity, of Oshkosh,to a known to be the person who executed the foregoing Stormwater aintenance greement arid- vl dg the same on behalf of the City of Oshkosh, t - (SEAL) Notary Public, State of Wi i My commission expires: 'nits instrument was drafted by; Atty.Roy N.Fine D1 Renzo&Bomfer,LLC P.R.Sox 788 Neenah, VVI 54957.0788 5:1f AC0AM1i( ACVA\SsamwalcMiimovweA�pr w,• urS,dac ATTACHMENT I Legal Description for Parcel 1: That part of the Southeast % of the Northwest V4 of Section One (1), Township Eighteen (18)North, Range Sixteen (16) East, in the Fifteenth Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows, viz: Commencing at the North Quarter corner of said Section 1; thence South 0° 2' 37" East, 2341.15 feet, along the East line of the Northwest '/a of said Section 1; thence South 8911 25' 19" West, 66.00 feet, to the Northeast corner of the Wisconsin Public Service Corporation property as described in Document No, 484033 of Records on file in the Winnebago County Register of Deeds office and the true point of beginning;thence continue South 89°25' 19" West, 607.26 feet, along the North line of the Wisconsin Public Service Corporation property as described in said Document No. 484033; thence North 0° 00 39" West, 699,27 feet, to the Southwest corner of the Wisconsin Industrial Shipping Supplies, Inc. property as recorded in Document No. 534839 of Records; thence North 89° 27' 7" East, 606.89 feet, along the South line of the Wisconsin Industrial Stripping Supplies, Inc. property as recorded in Document No. 534839 to its Southeast comer thereof; thence South 0° 2' 37" East 698.93 feet, along the West line of Maser Street, to the true point of beginning, less and excepting the North thirteen(13)feet thereof TAX ID.: 915-1960-63 PROPERTY ADDRESS: 3465 Moser Street, Oshkosh, Wisconsin, 54901 ATTACHMENT 2 Le al Description for parcel II: That part of Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20, and of Neenah Avenue (now vacated), all in LOTHE ACRES, City of Oshkosh, Winnebago County, Wisconsin and a tract of land in the Northeast Quarter(NE '/) of the Northwest Quarter (NW '/a) and in the Southeast Quarter(SE %) of the Northwest Quarter (NW '/4) of Section One (1), TI8N, R16E, all being in the Fifteenth Ward, City of Oshkosh, Winnebago County, Wisconsin, all being described as follows, viz:- Commencing at the North Quarter corner of said Section 1; thence South 0 degrees 2 minutes 44 seconds east, along the East line of the North West '/ of said Section 1, 947.25 feet; thence South 89 degrees 27 minutes 7 seconds west, 66.00 feet, the place of beginning; thence 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 seconds east, 606.89 feet; thence North 0 degrees 2 minutes 44 seconds West, 695.00 feet, to the place of beginning. AND The North Thirteen(13) feet of a part of the Southeast Quarter(SE %)of the Northwest Quarter(NW %) of Section One (1),Township Eighteen(18)North, Range Sixteen(16) East, in the Fifteenth (l 5t'') Ward, City of Oshkosh, Winnebago County, Wisconsin, being described by: Commencing at the North Quarter (N %) corner of said Section 1, thence S00°-02'-37" East, 2341,15 feet along the East line of the Northwest Quarter (NW I/q) of said Section 1, thence S89°-25'-19" West, 66.00 feet to the Northeast corner of the Wisconsin Public Service Corporation property as described in Document No. 484033 of records on file in the Winnebago County Register of Deeds office and the true point of beginning; thence continue S891-25'-19" West, 607.26 feet along the North line of the Wisconsin Public Service Corporation property as described in said Document No. 484033, thence N00°-00' 39" West, 699.27 feet to the Southwest corner of the Wisconsin Industrial Shipping Supplies, Inc. property as recorded in Document No. 534839 of records, thence N89'-27'07" East, 606.89 feet along the South line of the Wisconsin Industrial Shipping Supplies, Inc. property as recorded in Document No. 534839 to its Southeast corner thereof, thence 800"-02'37" East, 698.93 feet along the West line of Moser Street to the true point of beghming. TAX ID.: 915-1960-64 PROPERTY ADDRESS: 3555 Moser Street, Oshkosh, Wisconsin, 54901 EXHIBIT A See attached. `r ' f//',{1, !:; c•• r-*�_r..rx'-fes ..I-------• m j I 4 •i�!1 ' J3 1' 11. I• I Irl I • t �It r t t l 1 � � �r J� ✓'}• I! �� it l� ft(!J x : 13 n. ra 7Fal[a.lCF4TF� fA AR71AP�nnrrwEn _;r. ���� Y t+ ADD17' OY T4 AACUR,INC. ..�1741M Ir='r HIMNI.IH,i. -Y•:�--" - - „ 4 W mvl CUv 1!Y .,��—•+f� �3 dl11 illlIr Ml bMi IN See�tt�cl�cd, DETENTION BASIN MAINTENANCE STANDARDS Nlalotenonce ❑arect Conditlons on Ma nirmnGo is Needed Pasulls Expocled When Component I Tlofntansnae la Parformnd Trash tlab a Any vlrxra enw a Lump ng,lyds or Tras t and debris cJeara Tram elle Side Shapes, da4rlu. 8walas and Mt Vanatalim&RoL4d ban--nova hent areas When cu g is nestled,grass ground E mbonkmanls vagatallan r whan the CaVer should he mawad to+J-a larlwo In pand Wal rises of by rnfnrall runolf. twulgh1. Trvas and hushes should be removed More they Iritert'ere Wth pand rnianlartanaaadlr�llie,,lhatls,Attila Inlet oUlfacandnear orr 1preredabucluras. Any a ansa u radenl holes trraaMy W sa ng Raderds destroyed and data or balm Rodent Was aa$darn orbarm,army evlderrca of water deslroyed. U h dam at Gant v rads t at , Traa growth does not allow melrltonanea Traa Growth iguees orinterfsraa 54b rnarplenarice adIvity 'Frets do not hinder malnle4ance 0m.slope mawfng,all rsmoM or equipment aawIllas. mavnmanls). Emdad damsga w tete cause erdamoga Ts 011 apaa s ld be slabHlzad by U002 Prnsfan praaant or svhare More is palanllaf for spptoppbate aruaoo control meentim;mn, wntfnuad oroulox rack rip rap,plan"of grass,aroWUti mat born aollon. Cabris and Sedlmen[ & mwtt sn for MM claQ&c this papa w dogging ar (ac1Mga G the In et and InIalloutlet a a 1n , I auffet 1 to . Plpa Met Is causlna as than 91136 dalailaraooil to any part of metal prpas,crackslnplasUr p€pear Pipe repaired or replaced. Damaged cracks area>u drehar nuaeto 1 as. yuan that dsrraages[ ognss•secUM areas of plpa by rnara than 111%or ratords the Rlps repaired or mptacod. nowa aaTwalar. ErusWScauring Eroded nrawurod ho4lnril at Inlat ce cullet Area should be aLiablhad by using Dlovs,undarmInIm of sliudure or and aocilan, I a m daiet sized rock rt -m . �arasgad arMfss ng C.ontm dovlca is natvrarklng properly clue Io Placa Is n place and wurlis as odgnud. c3dri eP[ate issfn auto lace urbantodl[en iota. [7 fico Plan My sl1,debris,sed snt or vegalsllan P la fs rba of a a s ructions an Vadis UbrlrucUam Wackfu 1ha plots, I es daafPned. Tra8hRhdQBbiW Tmh or dabrls ftlIs plU11001)UW open ngs In Barrterdear to recetuar rapadly aw. Trash a barrier Ranlrari{aods Bars or h oad ata bank vol atlaps. Barn In place w lh no bends more than 31 iramegedjW5e fng Inch. Bars or Hood pa s wu %stn arena errlar sGIn . Burs In riltice accord npdes gn, gars ara jxmo Aro!tus[I5 camIng 50;1, Fiepa r orreplare 4a ar to des gn I.Aplorlurollan to an A of banter, standards. Extiff It A aurnr+rxvwa W11iaU1A1r+[d�'lAYux OPERAVON AND MAINTENANCE INSPECTION REPORT STORM WATER MANAGEMENT PONDS Inspector t,lsme, Tax Kay No Irtsps4on hale; I.acatlon; Dstsrttfan gash Type: - Wou'und X - Erttanded Dry ArttgatalWahnd owneRespanswe Party ! alntononce ftam5 fnapdctud Chucked Naaded Remarits an cam andnts YeslNolNA as1Na]NA EmharilcmantpndEmvrgeogysp foray t.Trasfs and dobrW 3, a ata an an round caner d e vale S.Emwnkmant area an .An1 at LIU s ti.Unalartzgd ant n aRrsa rawtt s.Craclt but 1 ors a 6ankmant a. w ace arg too ora o a b.0oWs[mQMBjca and tea araia o 7.SetWemant 0.8e eels on do Irr�m face 9.qv G s I ora a.Gtoar or(resiti n tiebls b.sett)emont g.810 o rosea on or rt ra Xopure is a ur e fnloUt7u al trualurea Type; Pipe(RCPfCMP/Pfa.tlo) 8fand ptpa&Ool box v4Ih oripm weir 0-nowmentan©umar) otter Ernsftiva ourfoolundo Ing st Info!or ouvat Z FWnery nutlet crualura a.17 br%o sadlmentrarnoval acassa b.Da ed U.odtfce Plato damaged,out aFP sm or last 3. res or$r oudmnnlanance o, Stt Of ebtlerg i necess9 h Da a ed C.Cnrroafunlrusi control POWt3a am 1.Se me laearmufallan aS rna a ds h Exhibit B «.wuncanr�tuior�n�a�r�;i ud«�