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Home My WebLink AboutBemis Company & Oshkosh Stormwater 2016 I II CITY OF OSHKOSH 8 3 1 8 1 9 8 STORMWATER MANAGEMENT FACILITY TX:4230898 MAINTENANCE AGREEMENT 1729013 Document Number Document Title REGISTER'S OFFICE IN E AGO COUNTY, WI The City of Oshkosh,the Governing Body,and Bemis Company, Inc.,the Property RECORDED ON owner,along with their successors and assigns, are the parties to this Agreement. The 12/02/2016 9:01 A purpose of this Agreement is to ensure adequate storm water drainage facilities for the CHRISTOPHER LAR ON Property described in this Agreement in connection with the surrounding public storm DEPUTY REGISTER OF DEEDS water facilities. The consideration for this Agreement includes the City's approval of proposed development on the Property. Additional consideration includes the Property RECORDING EEE 30.00 owner's clearer understanding of storm water drainage obligations for the Property, and PAGES: 14 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: Bemis Company,Inc. Recording Area 2200 Badger Avenue Name & Return Address: Oshkosh, WI 54904 Oshkosh City Attorney's Office (the successor entity after Curwood,Inc. combined with other entity(ies)) PO Box 1130 Oshkosh,WI 54903-1130 GOVERNING BODY: City of Oshkosh Tax Parcel Numbers: PROPERTY SUBJECT TO THIS AGREEMENT 91325000000 The Property subject to this Agreement is located in the City of Oshkosh,Winnebago County,and is more particularly described as follows: [Legal Description Identified in 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. 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 1 November 2,2016 I / CITY OF OSHKOSH STORNIWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number Document Title 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 The owner of the Property,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 Detention Basin;and 2. Storm Sewer; and 3. 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 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. I 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. I 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. 2 November 2,2016 s 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 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. i RECORDING This agreement shall be recorded with the land records of the Winnebago County,Wisconsin,Register of Deeds. Bemis Company,Inc., shall bear the cost of recording this document. I AMENDMENTS i 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 FOLLOWS] I I � � r t E This document was drafted by: David J. Praska Assistant City Attorney Oshkosh, WI 54903-1130 i 3 November 2,2016 I i CITY OF OSHKOSH STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Document Number j. Document Title For the Owner/Developer: Date: N Bemis Company Inc. (the successor entity after Curwood,Inc. combined with other entity(ies)) %41 % 6 By: JajeslRansom,President Bemis North AmericaARY CO 0-T PUB State of Wisconsin ....... ss. OF \N\Ss Winnebago County #0 °'4 Personally came before me on this day 0104eIAX 2016,the above named,James Ransom,to me known to be the person whom executed the foregoing instrument and acknowledged the same. I . 0 5q VUWj-VA — Notary Public, State of Wisconsin My commission expires: I a o For the City of Oshkosh: Date: Date: L 'Ile >ry 11 , Mark'A. Rohloff,City Manager ramela R. Ubrig, City Clerk State of Wisconsin ss. Winnebago County Personally came before me on tbis�day of k6AA102016,the above named,Mark A. Rohloff and Pamela LLC rN R.Ubrig,to me known to be the persons who executed the forgoing ins ent an knowled;ed the same. A ow (,�_N to ublic, State of'"i 64in My M v co o I mission ex s: Approved as to form: Date- Lorenson,t,&W'm-ey�-J 4 November 2,2016 REFERENCE MAP All of Lot 1 of Certified Survey Map 166.5 and part of the North 1/2 of Section 33, Town 18 North, Range 16 East, all in the Thirteenth Ward, City of Oshkosh, Winnebago County, Wisconsin s042 rs-w af: 201h AVE. Seefian JJ 1 Nc,lh.ort com.r F. Sktion J3 i tiff y1 9 0 09�9. vqi v 0 Y lv 6 DOCUMENT 754093 $k 02 89'2229" 1152.54' 501T�J�.3. - OGCUMENT,F677665 1 $ v I LOT 1s W a q - °0 1 PARCEL 'A' C.SM, 1b65 'R je DOCUMENT 1557216 DOCUMENT o ja 1667605 � Fo i o iry 1$ i �ACArEb BADGER A1�iVU£ DOCUMENT N89' 2' 9 " W I t 40.00 j X570639 h CO DOCUMENT J754093 Z I PARCEL B' W a 4 I DOCUMENT,,5.572 r 6 D 5 89 '22 29" E - 740.00' 2 ^' NN ` i y U;N' ' �`�• �Section J3 h rn (, x �-_.N 89'sI9'95' W '�'S910 01" iY 7838:62' I" 96.84 I CURVE DATA CURVE RADIUS mc CHORD- CHORD-BEARING CJ- 5J4.00' 900.18' 898.70' 5 06'2248.0' W C-1 4 C-2 1208.75' J4J.J4' J42.19- S 19'07'16.5' W 43 C-J J92.03' 121,55' 121.07' S 09'17 56,0' W C-4 404,02' 181.77' 180,24' N 12'37"58.0' W C-5 14,9.31.13' 449.Jf' 449.30' N 58'42'78.5' E }�T B£ARAICS ARE R£fERENC£D W FIE NO.RTN This map and Iegal description are derived from existing UNE 9F n+£NORTMV£Sr 1/4, 6ECADN JJ -legal descriptions recorded in Documents 11'754093, 1667605, R£CORDEa TO MAR s B9'2229`£ 1557216, 1570383 and 1754093 and were NOT field verified. 1 ` 4O0 0 400 wo � _ SCArL tN Ff£T Martenson & Eisele, Inc. Engineering - $urveying -- Planning PROJECT ND 221-3 i 6 1919 Amer'con Court FIELD BOOK PAGE f� Neonah, W1 54956 (920) 7J 1-0381 FILE 22 f J 16por SHEET 2 OF 2 Fox (920) 7JJ-8578 E-AWL mailOmaitenson-eise/e.Com INNS TN$TRUM£NT WAS DRAM'0 9X-M.A.$'trobel I Capture screen nc,a i All of Lot I of Certified Survey Map 1665,and part of the North 1/2 of Section 33,Town 18 North, Range 16 P,kst,all in the Thirteenth Waist,City of Oshkosh, Winnebago County, Wisconsin described as follows: Commencing at the North 1/4 corner of said Section 33; thence along the North line of the Northeast 1/4 of said Section 33; South 89 degrees 22 minutes 29 seconds East,873.50 feet; thence South 00 degrees 42 minutes 36 seconds West,40.00 feet to the South right-of-way line of W.20'h Avenue(C.T,H."K")and beuig the point of beginning; thence along the East line of lands described in Document#754093, South 00 degrees 42 minutes 36 seconds West,450.01 feet; thence along the North lines of lands described in Document#557216 and said Lot 1, South 89 degrees 22 minutes 29 seconds East, 1152.54 feet thence along the West line of Washburn Street, South 00 degrees 41 minutes 32 seconds West,490.42 feet; thence continuing along the West line of Washburn Street, 900.18 feet along an arc of a curve to the right having a radius of 4534,00 feet whose chord is 898,70 feet that bears South 06 degrees 22 minutes 48.0 seconds West: thence continuing along the West lute of Washburn Street, 34.34 feet along an arc of a curve to the right having a radius of 1208.75 feet whose chord is 342:19 feet that bears South 19 degrees 07 minutes 16.5 seconds West; thence continuing along the West fine of Washburn Street, South 27 degrees 15 minutes 3I seconds West,384.57 feet; thence continuing along the West line of Washburn Street, 121.55 feet along an arc of a curve to the left having a radius of 392.03 fe^.t whose chord is 121.07 feet utat bears South 09 degrees 12 minutes 56.0 seconds West thence along the South line of the Northeast 1/4 of said Section 33; North 89 degrees 10 minutes 01 seconds West, 1639.62 feet to the Center of said Section 33; thenece along the South line of the Northwest 1/4 of said Section 33; North 89 degrees 09 minutes 45 seconds West,96.84 feet thence along the East right-of-way line of Universal Street North 25 degrees 30 minutes 56 seconds West,228,97 feet; thence continuing along the East right-of-way line of Universal Street 181 77 feet along an arc of a curve to the right having a radius of 404.02 feet whose chord is 180.24 feet that bears North 12 degrees 37 minutes 58:0 seconds West; thence along the South line of Lot 1 of Certified Survey Map 845, South 81)degrees 22 minutes 29 seconds East, 140.00 feet; thence along the East line of Lot 1 of Certified Survey Map 845, North 00 degrees 15 minutes 00 seconds East,645.00 feet; thence along die Nor+1t Gne of Lot 1 of Certified Survey Map 845, North 89 degrees 22 minutes 29 seconds West,40.00 feet: thence along the West line of lands described in Document#557216, North 00 degrees 15 minutes 00 seconds East,994.04 feet thence along the Southerly right-0f--way of the Wisconsin Southern Railroad, North 59 degrees 34 minutes 02 seconds.East,696.90 feet thence continuing along the Southerly right-of-way of the Wisconsin Southern Railroad, 449.31 feet along an arc of a curve to the lett having a radius of 14,931.13 feet whose chord is 440.30 feet that bears North 58 degrees 42 minutes 18.5 seconds East; tlience along the South right-of-way time of W.20'h Avenue(C,T,H. "K"), South 89 degrees 22 minutes 29 seconds East,49.37 feet to the point of beginning.containing. I0 aures Subject to all easements and restrictions of record, �.. \ K E g m N �\_ \\ uNa Z maim>= Z sa \ - 2z t19 z'�y �> O —U){ ! \' • \ \\ \ 6m 6_oa® 9 1. lA y \ - m vfill oz CIO 1 �n D e D �; mm� i \ S 3 m m ! \ X68i V5 Z _. _ fie4 m Z r i m i r' .� 1p Ago! Piu Cyd Ul-° Ylo �o n GRADING/ PROTECT TANDEM COATER BUttDWG ADDITION A Av li OA §DRAINAGE PLAN T u A K A ixfWUJ119 BEMIS NORTH AMERIG-BEMIS SPEGW.TY FILMS Eu i I BIB \ m •.� ' � I I ! I j i a � o m G M tTt m { 3003 z—q I � z•� I I c o� m c8 m z mom^ z t I � _ IS , !LI o WASHBURN STREET - n T zyB� c m omx \a, . I f�" � m vx Z C � n C S I o 'an $$$ x < m z.. y - Z gig ,x a o o A1 12 o m 650 Z fin° m Ko 0 0 0 P�6" o foo v a (A C to �- '1 m m m m cm " c ooz m — m fa ;0 n � m x g n c f f Z O H ri Z Z m o [° qd r,> Vl ,•p < N ev Wo mo O m N > n z o y n m o y m r.- m E < ■ m q 0 k, PROJECT i T/8RD13 SANRARr Ure CONF IM GBA IIT `MET gg PROPOSED PARKING LOT EIFANBIGN z D O� Z B/tTrz013 Plµly,.11iilfil'fANFLiGTB GBA DETENTION m a R CURWOOD INC. uj 3 crzsrzofa Fwwc vsueµn A cBA EI O "tf 72MRADGERAVENVE s Ip' _ n vury/ro my os osnvn v,ma,n .4h POND PLAN 4m � OSHKOSH WISCONSIN IREVI DATE I GEscluPnav Br uun°KG � I I o I I \ I m czci zn I i Int t I I m 1 I I 'll I a— fcm Ino z� c m i ch m co — �- m� or I l m o I I fn'9Z cmz to oxc� Zm € I I -< �C)'oGziov qjl O oz LL ZOp ro D Dmb° Nm I 1 I qli ------- ovm z I k qI / m WZ* Z o s m m r # O I I ti r r m m mN o� D w � z c/) R' om— �� I � �� I I w I woo zv p-no i p(D I I oZ5 zop cm0 me D D ox�x I t I! I, m D 1 Ln I ( < cf) qt I , _ :� mvz ZOM i m Ac �� ' I I \\ �...�... I M m z m o I \ G)_M nh ( a sm pzo E n �� 1 \\ \ � Z I „m t ° I • anI I I m D p RNA PROJECT 0 OVERALL PROPOS MPARIONGIOT"PANSION N a PROJECTm a 4 CURWOOD INC. o o F' ® 12M0 GERAVENVE : r» vaua_wre.w urr r..k vo rs wxmA.we/Powr:n/asrx vnv €. e SITE PLAN OSHKOSH WISCONSIN K aEv boare cEscaPnGN <0»05 er crew C. �I 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 {tem Storm Storm Storm Maintenance Action Date Date Date Date Pond Bank Erosion Debris/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 UJ Pagel of 4 Rev.02122/2008 Inspection & Maintenance Log Detention' Basin Inspection Item Storm Storm Storm Maintenance Action Date Date Date Date 2, Crest—Settlement* j Misalignment I Cracking 1 Downstream Slope- Poor Grass Cover Erosion or Slides j Trees/Brush Growing on Slopes r I Animal Burrows Excessive or Cloudy Seepage Longitudinal Cracks Transverse Cracks Depressions or Bulges Settlement Seeps, leaks, or boils I Uj r i i I F Page 2 of 4 Rev.02/22/2008 Inspection & Maintenance Log Detention Basin --Storm S_torm Storm Maintenance Action Date Inspection Item 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 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 Displacemgnt of Structure .0 Page 3 of 4 Rev,02/2212008 X Uj Inspection & Maintenance Log Detention Basin 2. Outlet- Erosion or Backcutting i Debris in'Culvert or Trash Rack i IUndermining/Scour' Inoperable control valve Inoperable flap gate Joint Separation i Cracks in Concrete Downstream Area 1. Erosion Debris/Obstructions i 2. Bridge/Culvert Problems Buildings Issues i Foundation Concerns I i y � Page 4 of 4 Rev.02/2212008 LU Inspection & Maintenance Log Catch Basin / Proprietary Device 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 Catch Basin / 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): 1 Type of unit(s) Design Pumping Frequency Dates Pumped Pumper Disposal Location LU Page 1 of 1 Rev. 02/22/2008