HomeMy WebLinkAbout524 N. Koeller Street & Oshkosh CITY OF OSHKOSH 8 Tx042227 0
STORL-vIWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT ���� �
Document Number Document Title
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
The City of Oshkosh,the Governing Body,and 524 N.Koeller Street,
LLC,the Property 10/03/2016 9.56 AM
owner,along with their successors and assigns,are the parties to this Agreement. The CHRISTOPHER LARSON
purpose of this Agreement is to ensure adequate storm water drainage facilities for the DEPUTY REGISTER OF DEEDS
Property described in this Agreement in connection with the surrounding public Storni RECORDING FEES Bfl
water facilities. The consideration for this Agreement includes the City's approval of
proposed development on the Property. Additional consideration includes the Property PAGES: 10
owner's clearer understanding of storm water drainage obligations for the Property,and
the Governing 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: Recording Area
Name & Return Address:
524 N Koeller Street,LLC,A Wisconsin Limited Liability Company Oshkosh City Attorney's Office
215 E.Church Avenue
GOVERNING BODY: City of Oshkosh PO Box 1130
Oshkosh,W1 54902-1130
PROPERTY SUBJECT TO THIS AGREEMENT Tae Parcel Numbers:
91608700902
The Property subject to this Agreement is 530/532 and 540/542 North Koeller Street. This
property is located in the City of Oshkosh,Winnebago County, and is more particularly
described as follows:
Lot 2 of CSM 6862 recorded with the Winnebago County Register of Deeds on
September 3,2014 as Document Number 1671048;located in the Northwest 1/4 of
the Northwest'/4 of Section 22 and the Southwest%4 of the South west'/4 of Section
15,Township 18 North,Range 16 East,City of Oshkosh,Winnebago County,
Wisconsin.
[Certified Survey Map No 6862 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,for 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.
1
April S,2016
CITY Or OSHKOSH
STORMWATERMANAGEMENT FACILITY
1VIAINTENANCE AGREEMENT
Document Number Document Title
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 maybe 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
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. Biofilters;and
2. Storm Sewer;and
3. Inlet and manhole covers.
INSPECTION AND MAINTENANCE
shall h one inspection
All storm water facilities and components of the storm water
autumn.system
The Property's storrritwater ed at ldrainagest rsystem musttal o be inspected after urg
in early spring and one inspection occurring y
major storm events. The storm water facilities and grading and drainage scheme must performedmust maintained expeditiously designed e order system achieve t e
eficiencies
desired storm water drainage objectives. T1 re or aintenance and damaged islets pairand/s pipes ed mentation of the basin and/or biofilter,,r fling of
are identified. The existence of soil erosion,clogged
side slopes,and other damaged features of the stormwater system are examples of items requiring maintenance or repair work. Materia
removed fi•om the basin or biofilter may require special handling dependent upon current Wisconsin Department of Natural Resources
disposal practices.
If a biofilter is instal led/constructed,then biofilter in
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
k or grass inlet areas; inspect overflow structures;replace filter bed; inspect perforated pipe under
needed;inspect energy dissipater roc
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.
,then dry basin and swale maintenance includes removal of trash and debris,repairing
If a dry basin and/or swale is installed/constructed
erosion,maintaining vegetation,and dredging when necessary.
minimum informatn
The examples of maintenance activities that are identified above are not intended to be identified in the Insplete. The ection and Maintenance nonce Logs attached Asko
be viewed as a guideline for potential maintenance or repair activities
2
April 5,2016
CITY OF OSHKOSH
STORNIWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
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 Iess 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 properlymaintained 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
thte 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 tine
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 thne 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 fi-om 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. 524 N.Koeller St.,
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 annendment(s)are
approved in writing by the owners of a majority of the lots within tine 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 FOLLOWS]
This document was drafted by:
David J.Praska
Assistant City Attorney
Oshkosh, WI 54903-1130
3
April 5,2016
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Doci meet Title
For the Owner/Developer:
Date: 0 - 6 - 1
524 N.Koeller St.,LLC
By:
Andy Dumke,Member
State of Wisconsin }
)ss.
Winnebago County )
Personally came before me on this day of 5gbt obt&,2016,the above named,Andy Dumke,to me known
to be the person whom executed the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My commission expires: 717
For the City of Oshkosh:
Date: huA
Mark A.Rohloff, City Manager Pamela R.Ubrig,City Clerk
State of Wisconsin )
)ss.
Winnebago County )
Personally came before me on this 2j day of - ,2016,the above named, Mark A.Rohloff and Pamela
R.Ubrig,to me known to be the persons who executeddtt e ateg ing hl t untent and acknowledged the same.
Notary Public,State of Wis
My commission expires:. o11si c !
Approved as to form: ; �OTARy
Dat I v� - i �•� G r'
U- t
AUB0
jLnjorensney O� Wis�;O��,
4
April 5,2016
FCFH NO.985-A
Stock No. 26273
Certified Survey Map Na. o 19 �-
Being NI of Lot 1 CSM 6414 part of Lot 2 CSM 4456 and part of Lot 1 CSM 4804 all located in the
Northwest 114 of the Northwest 114 of Section 22 and the Southwest 114 of the Southwest 1114 of
Section 15,Township 18 North,Range 16 East,City of Oshkosh,Winnebago County,Wisconsin.
Survey for. Notes � � .___. � � v � •
Alliance Developernent 1. Eledna Transmission Easement(per Doc No 143263) Taff _Av e n u E O O
2. 10'by 10'Storm Sewer Easement(per CSM 4456)
C10 Andy Dumke 3• Ameritech and WPS Easement(per Doc No 871931) {t30 �r L1
222 Ohio Street 4, 3o'Sanitary Sewer&Water Main Easement
Oshkosh,WI 54902 (per DocNo595133) t
S. 12'VbVy Easement per(Doc 1521544) W
U. Utilities shown are per mapping from Oshkosh Pubtio Works - y -
Department N� N M
Unpfotted_ Lands m r > i R 0
Northwest Corner Kara Propertieso0 �} °O O
Section 22, T18N 8161= Jf l
Serntsen Mon 0151",51'4 O �1 O
588'37'S3,E 5X0 N&of tea N f 1 4 S 22-1t1-18 Z 3 "'
216.50 S 88037'53" E 272.51'
V I I I Found 1" I.P.
p ° 3S Storm Water j S00'31'Ob"C
o� 2T I of ManagementEasement` I i 0.51' of
a n ii � 8 (Per Separate Document) �I Aotuol Corner
z 48,056 5F
° I I ' ` 35
' —
ng Laterals
Note 2 1.1032aa 10IV lt�tylateral Easement
65
k(, tocauon centered on
5
Wast 1/4 Corner Storm/oler Management (Per Separate
Section 22, T18N R16F Easement O
Derntsen Mon r- L (Per Separate Document)
i Existi g
Access =
Pati s s9�aa'a ° i
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20'shared Driveway Easement
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� {Per separate Document)� �45,� Q 90.65'
y
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Bearings are referenced to fte��q""•., I 0¢�• C Pic Nall Found
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��6� Land Suf✓eYars n 29 A4 C / File:3882CSM.4+9
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ROM.,.,
Stock No. 26273
Certified Survey Map No.
Being AX of Lot i CSM 6414 part of Lot 2 CSM 4456 and part of Lot 1 CSM 4804 all located in the
Northwest 114 of the Northwest 114 of Section 22 and the Southwest 114 of the Southwest 114 of
Section 15,Township 18 North,Range 16 East,City of Oshkosh,Winnebago County,Wisconsin.
Surveyor's Certificate
1,James R.Sehloff,registered land surveyor,hereby certify: That in full compliance with the provisions of
Chapter 236 of the Wisconsin Statutes and the subdivision regulations of the City of Oskosh and under the
direction of 524 N.Koeller Street,LLC,the property owners of said land,I have surveyed divided and mapped
this Certified Survey Map;that such map correctly represents all exterior boundaries and the subdivision of the
land surveyed;and that this land is all of Lot 1 CSM 6414;part of Lot 2 GSM 4456;and part of Lot 1 CSM 4804
all located in the Northwest 1/4 of the Northwest 1/4 of Section 22 and the Southwest 1/4 of the Southwest 1/4 of
Section 15,Township 18 North,Range 16 East,City of Oshkosh,Winnebago County,Wisconsin,containing
98,470 Square Feet(2.2606 Acres)of land described as follows:
Commencing at the Northwest comer of Section 22;thence,along the North line of the Northwest 1/4 of said
Section 22,588°3753"E,216.50 feet to the Easterly right of way tine of N,Koeller Street;thence,along said
Easterly right of way line,S00°51'51"W,15.00 feet to the point of begirining;thence S88'37'53'E,272:51 feet;
thence N00'1 942W 101.42 feet to the Southerly right of way line of Taft Avenue;thence,along said Southerly
right of way line,S89°19'44'E,60.01 feet to the Westerly line of Taft Condominium;thence,along said Westerly
line,S00°79'49"E,87.14 feet to the Northerly line of Lot 2 CSM 634;thence,along said Northerly line, .
N88°37'53`W,33.03 feet to the Northwest comer of said Lot 2;thence,along the Westerly line of said Lot 2,
S00°40'51"W,312.21 feet to the South line of Lot 1,CSM 6414;thence,along said South line,N88°38'01"W,
52.36 feet;thence S00°35'41"W,28.94 feet;thence N86'38'1 VW,41.25 feet;thence N00°35'41°E,16.44 feet;
thence N88°38'11"W,207.37 feet,to tha said Easterly right of way of N.Koeller Street;thence,along said
Easterly right of way line,N00°51'61"E,309.72 feet to the point of beginning, subject to all easements,and
restrictions of record.
Given under my hand this day of A,%G Q f •Q,��,� 0111
James ehloff,Wisconsin Regist red Land Surveyor No.S-2692 JI_i Vic,R
Cc I'',iE
Owner's Certificate
524 N.Koeller Street,LLC,a limited liability company duly organized and existing under and by virtue of the Laws
of the State of Wisconsin,as the property owner,does hereby certify that we caused the land above described to
be surveyed,divided and mapped all as shown and represented on this map.
In the presence of: 524 N.Koeller Street,LLC
Manag' g Member Date
State of Wisconsin )
S
od"C� ) County)
Personally came before me on the�-A day of �-�'� l i r''�" ,20 "t ,the above the
property owners)to me known to be the persons who executed the foregoing instrument and acknowledge the
same.
My Commission Expires �O 0 r J
Notary Public,Wisconsin
File:3882csh4.dvg
Date:98/2612014
Drafted S)r.Jim
8/28/2014 10:01 AM J:\Pra1ect3\3882oU\dw9\clod 30\3882CS1J.dW9 Panted ny:jam Shpo:2 of 3
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Stock No. 26273
Certified Survey Map No. $ �e
Being All of Lot 1 CSM 6414 part of Lot 2 CSM 4456 and part of Lot 1 CSM 4804 all located in the
Northwest 114 of the Northwest 114 of Section 22 and the Southwest 114 of the Southwest 114 of
Section 15,Township 18 North,Range 16 East,City of Oshkosh,Winnebago County,Wisconsin.
Treasurer's Certificate
I hereby certify that there are no unpaid taxes or unpaid special assessments on any of the lands shown hereon,
9a �
County Treasurer+ Date
Crty reasurer Date
Certificate of Planning Department
This Ce ' ed Survey Map has been reviewed by the City of Oshkosh Planning Commission.
9a -6� . ..
f6#IKg Commission Representative Date '
This Certified Survey Map is contained wholly wlthia the property described in the following recorded Instruments:
the property owners of record: Recording Infomtation: parcel Numbers):
524 N.Koeller Street,LLC Doc#1525159 91608700900
Doc#1654735
LINE TABLE
Line Bearing Length
L1 $69°19'44`E 60.01'
L2 N 8813T531 W 33-3'
L4 N 00'5155"E 22.00'
LS S 88'38'11"E 51.83'
L6 S 00.3541'W 28.94'
L7 N 88'38'11'W 41.25'
L8 N00'35'41'E 16.44'
16710:48
,• ;� ,..•••.., fj)J ',� REGISTER'S OFFICE
WINNEBAGO COUNTY,WI
- • Jli'4�1��RRECORDED ON
s.It!-orF 09/0312014 08.,1.1.AM
- S-2692 * =
QE PERE 3ULIE PAGEL
4 REGISTER OF DEEDS
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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 W), 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
OutleVStandpipe
Debris 1 Trash Accumulation* Clean up/Remove
High water levels (near top of basin)* Clean/Inspect discharge
i e.
Emergency Spillway
Erosion or Depressions* Repair/Restore
Missing.Rock* _ Repair/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/]nvasive vegetation Remove/Treat with
herbicide.
Voids in mulch area Add mulch to depth of 3"
it C'
Page 1 of 1 Rev.02/22/2008
Inspection & Maintenance Log
Catch Basin 1 Proprietary Device
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 '/2"), 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
Catch Basin I Proprietary Device
Inlet Protection * Remove after
Stabilization
Debris/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 i Rev.02/22/2008