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HomeMy WebLinkAbout10. 17-596 DECEMBER 12, 2017 17-596 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION / UTILITIES, SIDEWALK, GRADING & GRAVELING & CONCRETE PAVING / THIRD ADDITION TO CASEY'S MEADOW SOUTH INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Third Addition to Casey's Meadow South—Lots 57-76 Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and Laterals, Sidewalk, Grading and Graveling, Concrete Paving and Terrace Trees 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Section 25-83 through 25-89 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. DECEMBER 12, 2017 17-596 RESOLUTION CONT'D (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. City of� Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works 501y DATE: December 7, 2017 RE: Approve Developer's Agreement and Related Items / Third Addition to Casey's Meadow South / Lots 57 through 76 BACKGROUND The City requires financial guarantees from a developer prior to approving a final plat. The financial guarantees are addressed in the Developer's Agreement. Related to the agreement are the initial resolution, waiver of public hearing, and final resolution. Also related are the ordinances to establish the street grades and authorize public construction. ANALYSIS The Developer's Agreement ensures the installation of the required improvements by the Developer and provides financial guarantees to the City, so the work can be completed without expense to the taxpayers. The developer has provided the required letter of credit and payment, as established in the Developer's Agreement. FISCAL IMPA The Developer is responsible for all costs associated with installing the public infrastructure to serve the development. A letter of credit and payment have been provided by the Developer to the City to ensure funds are available. RECOMMENDATIONS I recommend approval of the Developer's Agreement and related Third Addition to Casey's Meadow South resolutions and ordinances. Approved: Mar A. Rohloff City Manager 1:\ Engineering\ 2017 CONTRACTS \ 17-34 3rd Addn-Casey's \ Project_Information\ Correspondence \ Memo \ 3rd Addn Casey's Meadow South Dev Agreemnt Memo_12-7- 17.docx Document Number 1 Document Title Recording Area Name and Return Address City Attorney Office P O Bog 1130 Oshkosh WI 54903-1130 DEVELOPER'S AGREEMENT FOR FINANCING IMPROVEMENTS (Third Addition to Casey's Meadow South) This instrument drafted by: Attorney David J. Praska Oshkosh, W154903-1130 ovember 9, 2017 Parcel Identification Number (PIN) R DEVELOPER'S AGREEMENT FOR FINANCING IMPROVEMENTS THIS AGREEMENT is made by and between Casey's Meadow, LLC, a Wisconsin Limited Liability Company, 240 Algoma Blvd., Suite A, Oshkosh, Wisconsin 54901 (Developer), and the City of Oshkosh, a Wisconsin Municipal Corporation, 215 Church Avenue, Oshkosh, Wisconsin 54901 (City). 1. Purpose. The parties enter into this Agreement pursuant to Section 66.0703 of the Wisconsin Statutes which provides for levying and assessing the cost of various improvements to the Property described in this Agreement. The consideration agreed to by both parties is the mutual benefit resulting from the development of the Property by the Developer and the resulting public facilities constructed on the Property to be accepted as part of the City's overall system. 2. Approval of Initial and Final Assessment Resolutions. The Developer of the Property described in this Agreement has executed and approved a waiver of special assessment notices and hearing, and the Common Council of the City of Oshkosh thereafter approved initial and final resolutions pursuant to Section 66.0703 of the Wisconsin Statutes regarding special assessments related to the Property. This Waiver is attached as Exhibit C. 3. Installation of Public Facilities. The Developer is responsible for the public utilities and public facilities to be located on the Property and described in this Agreement. To comply with those responsibilities, Developer will install or perform at its own cost, or to otherwise pay others the full cost of installation or performance, various improvements and services related to the development on the Property. The Developer will pay for the required improvements and services through invoice and/or special assessment financing pursuant to Section 25-83 through 25-89 of the Oshkosh Municipal Code upon certification by the City Engineer for the City of Oshkosh that said improvements have been completed. Payment for improvements and services through invoice to or special assessment by the City do not include certain improvements which may be installed by and/or paid for by the undersigned developer. 4. Developer Agreement Authorized. The Common Council of the City of Oshkosh approved a Resolution on November 28, 2017, that authorized and directed the proper City officials to enter into an appropriate agreement to provide for full payment by the Developer of said improvements and related costs, and related matters. This Agreement is intended to be the result of that Resolution. 5. Property. The Developer covenants and warrants that it is the owner of all the Property described as follows: November 9, 2017 Lots 57 through 76 of the Third Addition to Casey's Meadow South plat, which was recorded in the Winnebago County Register of Deeds on the day of , 2017, as Document Number all of which are part the North East 1/4 of the South West'/4 of Section 29, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, and also being part of Lot 3 of Certified Survey Map 4762. 2 6. Summary Requirements. A summary of the process required to fulfill the Developer's Requirements is attached as Exhibit A and is incorporated into this Agreement. This summary is intended to be read in conjunction with the rest of this Agreement and is not intended to change any other term of the parties' Agreement. 7. City Services. The Developer has requested, and consents to receive and pay the costs of, services from and installation by City of various improvements described as follows: a. Survey, if City staff is available, and Inspection Services from the City for Private Construction of: Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and Laterals, Sidewalk, Grading, Graveling and Restoration, Concrete Paving and installation of lighting conduit system and wiring. b. Construction by the City of: Remainder of Street Lighting including but not limited to: light bases, wiring connections, installation of developer supplied light poles and light fixtures, installation of terrace trees and sidewalk 8. Developer's Installation. The Developer shall install, and the City expressly consents to Developer's installation of the following improvements and performance of the following activities: a. Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and Laterals, Sidewalk, Grading, Graveling and Restoration, Detention Basin/Swale Grading and Restoration, Concrete Paving, Terrace Trees acquisition of Street Lighting equipment and installation of lighting conduit, and pull boxes. b. Developer shall perform survey, grading, restoration and inspection for all areas outside of the right of way, including all lot corner elevations. Developer shall perform survey of Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and Laterals, Grading, and Graveling in the event the City does not have available staff. C. All services performed and installation of improvements shall be according to plans and specifications, and subject to the approval and acceptance, of the City Engineer. 9. Grading, Drainage, and Storm Water. a. No building permits will be issued for any lot to which utilities have not been extended to and/or for any lot to which access has not been provided by graded, graveled and properly maintained temporary roads. No building permits will be issued for any lots until an "as -built" grading and drainage plan has been approved by the Department of Public Works. At a minimum, the as -built plan shall show all drainage features, and lot line grades. The as -built plan shall be certified by a Professional Engineer (PE) or a Registered Land Surveyor (RLS) licensed in the State of Wisconsin to be in compliance with the grading and drainage plan approved by the Department of Public Works. All storm water 3 November 9, 2017 management facilities shall be compared to the original design. Any deviation from the design shall be noted, and the Department of Public Works may require the Developer to confirm that the as -built facilities comply with the storm water management ordinance. b. Incorporated by reference within this Agreement is the approved grading and drainage plan as required by Chapter 30 of the Oshkosh Municipal Code. A small scale version of this Grading and Drainage Plan is attached as Exhibit B for reference purposes. The large scale version of the Grading and Drainage plan will be on file with the City Department of Public Works, and will be considered the primary source to answer grading and drainage questions and to resolve disputes. These plans shall be adhered to and maintained by the respective lot owners in a manner which is consistent with the original design, function and capacity of the plan. If the respective lot owners fail, in the sole judgment of the City, to properly maintain the grading and drainage plan, the City shall give notice of such fact to the respective owner(s) who shall have the time specified in the notice to correct the deficiencies. If the owner(s) does not satisfactorily complete the work within the time allotted, the City may enter the property, using its own employees and equipment or contracting with others to complete the work. Developer hereby grants in perpetuity to the City reasonable and appropriate access easements over this subdivision for such purposes. Cost incurred by the City will be levied against the respective lot(s) as a special charge pursuant to Section 66.0627 of the Wisconsin Statutes. This provision constitutes Developer's, and any respective lot owner's, waiver of the notice of hearing and hearing otherwise required by Section 66.0703 of the Wisconsin Statutes. This covenant is intended to run with the land and to survive any subsequent divestiture of title by Developer, or any respective lot owner(s) to any successor in title but is not intended to benefit third parties who are not a party to this agreement. C. This development is subj ect to the Storm Water Management Facility Maintenance Agreement recorded with the Winnebago County Register of Deeds on June 14, 2010 as Document Number 1541875. This Facility Maintenance Agreement describes the conditions and responsibilities of the various Casey's Meadow South Subdivision Additions, including this aid Addition, as well as earlier and any later Additions. The Grading and Drainage Plan for this aid Addition, as referenced above, is intended to be an amendment to the original Facility Maintenance Agreement as it is applied to the Property. The parties may agree to and record a separate Addendum to the original Facilities Maintenance Agreement in the event it is necessary or desirable to clarify storm water issues within the Third Addition Property. 10. Waiver of Special Assessment Notices and Hearings. It is specifically understood by and between both parties that the amounts and costs set forth in the attached Exhibit "C," Waiver of Special Assessment Notices and Hearing under Section 66.0703, Wisconsin Statutes are estimates of amounts and costs only. The cost amounts identified in Exhibit C are acknowledged by City and Developer as being true and correct as of the time of this Agreement, and are incorporated by reference as if fully stated herein. Assessments shall be based upon the actual costs of services and construction. In the event that the estimated cost exceeds the actual costs of services and construction, the Developer shall be responsible only for the actual cost of 4 November 9, 2017 construction. In the event that the actual costs of services and construction exceed the estimated costs, the City shall be entitled to assess the property for any excess costs pursuant to statutory notice and hearing or upon execution of an appropriate waiver. 11. Payment for City Services. Developer shall supply a cash payment prior to approval for the services to be provided by the City. The cost is included in Exhibit C. The Developer shall pay all invoices, in cash, within 30 days of invoice from the City. Additional services include: Survey and Inspection Fees for Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and Laterals, Sidewalk, Grading and Graveling, and Concrete Paving 12. Release Hold Harmless. and Indemnification. Developer, and any successors in title, covenants and agrees to release the City, it assigns, employees, agents and contractors from any and all claims arising from the City's performance of its obligations under this agreement and shall further hold the City harmless for any and all claims arising from Developer's performance of its obligations under this agreement, and shall indemnify and refund to the City all sums which the City may become obligated to pay, including attorney fees, arising from the parties' performances of this agreement within 30 days of written demand for payment. 13. Refund Not Assignable. Any refund which may be due Developer as a result of any special assessment being in excess of the actual amount paid by City for said improvements is not assignable by Developer. 14. Completion. All privately constructed improvements shall be completed by July 31St, 2020, or the Developer shall be considered in default of this Agreement and subject to the provisions of paragraph 11 relating thereto. 15. Securi . a. Prior to approval by the Common Council, the Developer shall file a four year performance bond or letter(s) of credit, which shall be renewable at the option of the City of Oshkosh if such construction has not been completed within the three year period specified above and which meets the approval of the City Attorney, which shall guaranty Developer's performance of any privately constructed improvements as set forth in Exhibit "C" attached hereto. The Developer may request a reduction in the letter of credit once annually for work that is complete, but not accepted. The City will review the request and reduce the letter of credit as it deems appropriate, portions of the value for the work completed will be retained until the guarantee letter of credit is filled. After written acceptance by the City of any privately constructed improvements, Developer shall submit a letter of credit in the amount specified in the attached Exhibit "A" as a guarantee of such improvements for a period of two years from the date of acceptance. The Developer shall be responsible for repairs to said privately constructed improvements during this two year guaranty period. b. The Developer's failure to timely file an appropriate letter of credit shall entitle the City to stop all construction work upon the proj ect including construction performed by private contractors, by notice to the Developer and any contractors. Notice may be given personally to an individual representative of the contractor or Developer and/or 5 November 9, 2017 sent by mail to the Developer or contractor. If construction work continues without filing of an appropriate bond, the City shall be entitled to seek an injunction to prevent further work on the project until such time as an appropriate bond is filed and to seek such other and further relief as may be deemed appropriate. In addition to any equitable relief, the City may seek monetary damages and upon judgment shall be entitled to its costs and fees in pursuit of any action under the terms of this paragraph. 16. Remedies. In addition to the remedies for default provided to the City by the financial guarantees contained within this Agreement, the City shall have the right without notice or hearing to Developer, or any successor in title, to impose special assessments for any amount to which the City is entitled by virtue of this Agreement upon each and every lot within the subdivision to which special assessments may be lawfully assessed. Such assessments shall be imposed on the individual parcels in accordance with such parcel's share of the amount to which the City is entitled in accordance with this Agreement and which amount has not been paid by the Developer of such parcel or its successors or assigns. With respect to defaulting Developer, this provision constitutes Developer's consent to the installation by the City or designee of all public improvements and remediation required by this Agreement and constitutes Developer's, and any successors in title, waiver and consent to all special assessment proceedings as described in Section 66.0703, of the Wisconsin Statutes. This covenant is intended to run with the land and to survive any subsequent divestiture of title by Developer to, and shall be binding on, any successor in title. The remedies provided in this Agreement are not exclusive. The City may use any other remedies available to it. 17. Water Stop Boxes. Developer agrees to pay all costs associated with the maintenance or replacement of water stop boxes damaged during the development of this subdivision. It shall not be necessary for the City to determine or establish by whom the damage was done. Developer also agrees to pay any costs associated with maintenance to the gravel street base which may be necessary during the period prior to pavement construction. Developer shall pay the actual costs incurred by the City within 30 days upon invoice from the City. 18. Recording. This Agreement and its Exhibits and any attachments, may be recorded at City's option, and if so done, this Agreement shall serve as Notice of Lien and/or encumbrance against such Property. 19. Placing Monuments. Developer shall not be required to place monuments (property/right- of-way irons) prior to approval of final plat per Chapter 236 of State Statutes. Placement of monuments may occur after the site mass grading has been completed. No lot may be sold until all monuments, as called for on the plat, are installed. Developer shall certify that all monuments are in place as part of the As -Built Plan submittal required in paragraph 4. [SIGNATURES ONFOLL0WING PAGE] rel November 9, 2017 IN WITNESS WHEREOF, the parties heretofore have caused this Agreement to be signed by the proper persons of each party and their corporate seals, if any, to be hereunto affixed. Dated:✓em 4` , 2017 CASEY'S MEADOW, LLC By: _�j kgm6w Chet Wesenberg, Me b 240 Algoma Blvd, S A Oshkosh, WI 54901 STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY) day of A),O 017, the above-named Chet Wesenberg, to me known to be the Personally came before me this /LP person(s) who executed the foregoing instrument and to me known to be such officer of said corporation, and acknowledged that he executed the foregoing instrument as such officer as the deed of said corporation, by its authority. Notary Pu lic, State of Vhscosi4 My Commission expires: 7 C[ d.Q / 6' CITY OF OSHKOSH Mark A. Rohloff, City Manager STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY) o .1 Pamela R. Ubrig, City Clerk Personally came before me this day of April 2010, the above-named Mark A. Rohloff, City Manager, and Pamela R. Ubrig, City Clerk, of the City of Oshkosh, a municipal corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority. Notary Public, Winnebago Co., WI My Commission expires/is: Approved as to Form: Lynn A. Lorenson, City Attorney VA November 9, 2017 DEVELOPER AGREEMENT REQUIREMENTS BEFORE adoption of the Developer Agreement by the City Council, the following items must be filed with the Office of the City Clerk: A signed waiver A performance bond or letter of credit guaranteeing completion of private construction within three (3) years. Letter(s) of credit in the amount of any publicly constructed improvements or services which may be drawn upon by the City in payment of construction and/or related costs for the public improvements. Letters of credit shall be for four (4) years. Please contact the Department of Public Works with any questions in this regard. After private construction is complete, a two year letter of credit, which meets the approval of the City Attorney, may be filed in an amount equal to 20% of the total construction cost to guarantee the privately constructed improvements. Upon the written acceptance of the work by the City and the filing of this two year letter of credit, the letter of credit or bond specified above may be released. Written approval of private construction under a Developer Agreement will be issued by Public Works when the work is completed. Please contact the Department of Public Works with any questions in this regard. An invoice will be issued by the Finance Director when notified by the Public Works Department that work is completed. Invoices must be paid within thirty (30) days from the date of invoice. Payments should be made to the Collections Division. ANY change in the assessments or construction (private or public) that have been authorized through a Developer Agreement MUST be amended through Council action. Please contact the Department of Public Works to initiate any corrections in this regard. This agreement requires the Developer, immediately upon transfer of title to any of the property included within the agreement to fully pay the outstanding assessments and anticipated future special assessments against the transferred parcel or portion. If you are transferring the property to another developer and would like to request amendment to the Developer's Agreement to reflect that transfer, please contact either the City Clerk or City Attorney's office in this regard. Phone Numbers: Department of Public Works City Clerk's Office Director of Finance 236-5065 236-5011 236-5005 i November 8, 2017 Exhibit m X cr mi, 9 =iOTES: .11EFERENCED TO "DID 1111 - pu" -w EXISTING ,G,RAPHIG DATA SHOWN ON THE PLANS IS FROM ORIGINAL TOPOGRAPHIC FIELD SURVEY COMPLETED IN 2004, 9 1 1-16 E 9 OUTLO7 2 1 AND ASBUILT WITHIN THE DETENTION PONDS. PREVIOUS GRADING OPERATIONS FROM EARLIER PHASES HAS CK4NGED THETOE)p(loSGIIHOPHT10 OGRAPHY SHOWN ON THE PLANS. COORDINATE WITH OWNER AND ADJUST EARTHWORK QUANTIRES ACCORDINGLY. ALL GRADING WORK MUST ENSURE POSITTFVE DRAINAGE FOR ALL ONSFE AND OFFITE AREAS. INSPECT OFFSITE AREAS AFTER GRADING AND MAKE APPROPRIATE GRADING ADJUSTMENTS TO PROTECT A.AINST TRAPPED WATER, ENSURE POSITIVE DRAINAGE AWAY FROM ALL RDPOSED SANITARY MANHOLES. THIS IS REQUIRED FOR THE TEMPORARY GRAVEL PRASE,AS RA WELL AS THE PERMANENT GDINGE PHASE OF CONSTRUCTION. vot. 8.1 AC—Fr ALL SPOT ELEVATIONS AN TO FINISHED GRADE UNLESS OTHERWISE NOTED. ALL CULVERT PIPES THAT ARE DAYUGHRED SHALL HAVE APRON ENOWALLS INSTALLED. THELO CATI N OF EXISTING AND PROPOSED UTILITY INSTALLATIONS AS SHOWN ON THE PLANS ARE APPROXIMATE ONLY. THERE 9 OTHEROTHERUTIM INSTALLATIONS WITHIN THE PROJECT AREA THAT ARE NOT SHOWN. CONTRACTOR TO VERIFYLOG ATION OF UTILITIES PRIOR TO CONSTRUCTION. DIGGERS HOTLINE (ROO) 242-6511. CONTRACTOR SHALL VERIFY EXISTING PIPE SIZES, MATERIALS AND INVERT ELEVATIONS WHEN CONNECTING NEW PIPES INID EXISTING PRIOR TO MANUFACTURING MANHOLES OR INLETS. SPOILIPILESLESHALL BE ENCIRCLED WITH SILT FENCE. ACCESS FOR TRUCKS MAY REMAIN OPEN ON THE UPSLOPE SIDE OF PS. LTHE TW TU S SHALL BE PREVENTED FROM ACCESSING THE ENTIRE PROJECT SITE BY INSTALLING SILT FENCE AROUND THE OF THE SITE THE SITE SHALL BE INSPECTED ON A DAILY BASIS FOR AND ANY TURTLES <PERIMETER TURTIJ:S. FOUND WITHIN THE PERIMETER SHALL BE REMOVED_ r'n iLEGEND - FEATURES ,,,P, PROPOSED DRAINAGE FLOW CONTOUR (2004) /-95O--EXISTING 50 —PROPOSED CONTOUR APRON ENDWALL STORM SEWER lNiET STORM SEWER MANHOLE F EU 1.28 I PROPOSED GROUND GRADE AT HOUSE (796.70) ASSOCIATED SWAILE CMDE 798.70 PROPOSED CORNER LOT GRACE 1102.08x PROPOSED SPOT ELEVATION 802.08 EXISTING CORNER LOT GRADE BENCH MARKS ON DESCRIPTION C TIMBER SPIKE IN 35' OAK THEE ON N. BANK OF SAMY0 U K.IOD' W. OF 40 LINE 787.20 L E TIMBER SPIKE IN TRIPLE 12" TRUNK TREE 40 UNE AT AND ffl QUARTER LINE 795.92 F NW BOLT ON FLANGE OF HYD, N. SIDE OF MOCKINGBIRD WAY. 15D' W. OF WELLINGTON DR. 7 G N 1 793�170 SPIKE 2' 0 TIMBER 1" TIMBER SPIKE N 36, 0 K TREE,BO' S. OF SAWYER CREEK, 58- W. OF PATH CROSSING GREEK I 79a.72 40, < --VERTICAL DATUM REFERENCED TO NGvD 1929. IF J* J# r L L— R—ON L [PRDJECT NUMBER: 161003 CASEY'S MEADOW SUBDIVISION p CRY OF OSHKOSH DRAINAGE AND GRADING LAN (PHASE 1D) SCALE: FEETSHEET No. 10 .1 COT C/ CONTROL NOTES EAOBION CONTROL MEASURES SHALL BE IN ACCORDANCE WITH LOCAL ORDINANCES, THE LATEST EDITION OF THE STANDARD `&SKKOSH. FA IR Pv.UC 16 SPECIFICATIONS R 111E CITY Of FOR AND THE WDNR CONSERVATION PRACTICE TECHNICAL STANDARDS. ALL AREAS DISTURBED BY CONSTRUCTION SHALL RECEIVE A MINIMUM OF 4 INCHES OF TOPSOIL. SEED, FERllLrZER, AND OUTLOT 2"lA MULCH. TEMPORARY AND PERMANENT SEEDING SHALL BE PERFORMED IN ACCORDANCE WrIH WDNR SEEDING TECHNICAL STANDARD 1059. TRACKING PAD(S) SHALL BE MAINTAINED AND ALL ACCESS To AND FROM CONSTRUCTION SITE SHALL BE VIA TRACKING PAD(S) ONLY. INP LET PROTECTION SHALL BE USED ON ALL NEW INLETS AND FIRST SET OF EXISTING INLETS DOWNSTREAM OF SITE ENTRANCE LET FISTRECTION SHALL BE TYPE 0 MODIFIED FOR ALL STREET INLETS, AND TYPE A FOR ALL FIELD INLETS. GEOTEXTILE FABRIC SHALL BE PLACED UNDER AREAS REOUIRING RIPRAP. 00. 5 ON, INSTALL CULVERT PIPE DITCH CHECK IN ALL INLETS WITH APRON ENDWALLS. (SEE DETAIL) ALL CONSTRUCTED SW TAN SHALL BE LINED WITH EROSION MAT. (ROOT S.D.D. CLASS 1, TYPE 0 OR EQUAL). INSTALL PER WDNR EROSION MAT STANDARD 1052 AND 1053. SILT FENCE SHALL BE INSTALLED IN AREAS WHERE ON-SITE SOILS AND STURMWATER MAY EXIT THE CONSTRUCTION SITE. SILT FENCE ALSO SERVES AS A DETERRENT FOR BLANDING'S TURTLES (SEE GENERAL NOTES). ANY DEWATERING MUST TRAP AND RETAIN SEDIMENT IN ACCORDANCE WITH WDNR DEWATERINO TECHNICAL STANDARD 1061. PORTABLE SEDIMENT TANKS, CONSTRUCTED SEDIMENT TRAPS (SEE WDNR STANDARD 10153), OR THE FOREBAY OF THE WET 4 gagPFACTICIES ANY SOIL STOCKPILE THAT REMAINS FOR MORE THAN 30 DAYS SHALL BE COVERED OR TREATED WITH STAINUZATION SUCH AS TEMPORARY SEEDING AND MULCHING. ALL WASTE AND UNUSED BUILDING MATERIALS (INCLUDING GARBAGE. DEBRIS, CLEANING WASTES, WASTEWATER, TOXIC MATERIALS, OR FL42ARDOUS MATERNS) SHALL HE PROPERLY DISPOSED OF AND NOT ALLOWED TO BE CARRIED OFF-SITE BY RUNOFF OR WIND. 5 EDEPOrrS OCCURRING AS A RESULT F CONSTRUCTION WORK OR A STORM EVENT SHALL CLEANED THE END DF HyS FLUSHING SHALL NOT HE ALLOWED. RI ALL DISTURBED AREAS SHALL BE TREATED WITH STABILIZATION MEASURES AS SPECIFIED WITHIN 3 WORKING DAYS OF FINAL GRADING. _ip 68 6 ANYSOIL EROSION THAT OCCURS AFTER FINAL GRADING AND/OR THE APPLICATION OF STABILIZATION MEASURES MUST BE REPAIRED AND THE STABILIZATION REDONE. FOR ANY DISTURBED AREA THAT REMAINS INACTIVE FOR MORE THAN 7 WORKING DAYS, OR WHERE GRADING EXTENDS BEYOND TME 4ENT SEEDING DaDUNES, THE SITE MUST HE TREATED WITH TEMPORARY STABIL MEASURES SUCH AS SOIL A . GEN . T . TEMPORARY SEEDING ANDIOR MULCHING, OR ANJUNIC PDLYAGRYLAMIDE (PAM) AS A TEMPORARY SOIL BINDING x, ^-L \ i / - }B WHEN THE DISTURBED AREA HAS BEEN STABILIZED By PERMANENT VEGETATIVE OR OTHER MEANS, TEMPORARY REST MANAGEMENT PRACTICES SUCH AS SILT FENCE, STRAW BE STABILIZED. MILES, AND SEDIMENT TRAPS SHALL BE REMOVED AND THESE AREAS ALL TEMPORARY REST MANAGEMENT PRACTICES SHALL BE MAINTAINED UNTIL THE SITE IS STAINUZED. 0 WIND EROSION SHALL BE KEPT TO A MINIMUM DURING CONSTRUCTION. WATERING, MULCH OR A TRACKING AGENT WAY NEED TO BE UTILIZED TO PROTECT NEARBY RESIDENCES/WATER RESOURCES. 7 \ n -� � (\�// �,d' // �/�,,N �� %L LEGEND — FEATURES �,^ (���\`�F J� INLET PROTECTION Ll APRON ENDWALL PROPOSED DRAINAGE FLOW STORM SEWER INLET SILT FENCE STORM SEWER MANHOLE TEMPORARY DITCH CHECK ODD CULVERT PIPE CHECK WE TRACKING PAD L''_­_jI PROPOSED GROUND DEVOE AT HOUSE 4DO RIPRAP EROSION MAT (]00.70) ASSOCIATED SWALE GRADE EMERGENCY SPILLWAY 76a.70 PROPOSED CORNER LOT GRADE 95—EXISTING CONTOUR a02.05 PROPOSED SPOT ELEVATION X 50—PROPOSED CONTOUR 'OLD# EXISTING CORNER LOT DUDE BENCH MARKS 10 BM DESCRIPTION 2 nnn-1 I IM12! :y "'POIK TRITE ON N. BANK .1 SAWYER CREEK, Iff W. OF AD LINE 7 7 0 glPlEE E T,.§. PIR N TRIPLE Ir TRUNK TREE AT 40 UNE LETTER LINE 796.92 � F OF HYD, N. SIDE OF MOCKINGBRRDWL&E j W. OF WELLINGTON DR. 79 SPIKE IN 24- OAK TREE, NW BANK OF SAWYER CREEK. HEAR BEND IN CREff-_ 797.78 iN �I]Mz TIMBER I SPIKE IN 35. 6AK TREE, z S. OF SAWYER CREEK, 50' W. Of PATH CROSSING CREEK 798.72 --VERTICAL DATUM REFERENCED TO NGVD 1929. 40 _DATE: NO. I DATE I REYSTTN BY, PROJECT NUMBER: 161003CASEY'S MEADOW SUBDIVISION I'CffY OF OSHKOSH EROSION CONTROL PLAN (PHASE 1D) SCALE:FEET SHEET N0:1D.3 ­ I-E 1 &N.CIJRJIPRDA­N\G° cAok­1\1111 I—— WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARING UNDER SECTION 66.0703, WISCONSIN STATUTES The undersigned, owner of property benefited by the following improvements to be made by the City of Oshkosh, Winnebago County, State of Wisconsin, to wit: For public construction, surveying and inspection of concrete sidewalk and terrace tree installation. For private construction and public inspection and survey for sanitary sewer, storm sewer, water main, laterals, grading & graveling, and concrete street pavement. In consideration of the construction of said improvements by the City of Oshkosh, Wisconsin, I hereby admit that such public improvement will benefit said property and consent to the levying of special assessments against the premises under Section 66.0703 of the Wisconsin Statutes for the cost of such improvements. In accordance with Section 66.0703 of the Wisconsin Statutes, I hereby waive all special assessment notices and hearings required by Section 66.0703 of the Wisconsin Statutes; and I further agree and admit that the benefit of my property from the construction of such improvements is in proportion to the footage thereof: Description of Premises Third Addition to Casey's Meadow Lots 57-76 Construction of Morning Star Lane and Daybreak Lane 1. Sanitary Sewer & Laterals (Private Construction) Estimated Construction Cost $63,092.00 Private 6% Survey and Inspection $3,785.52 Payment 2. Water Main with Laterals (Private Construction) Estimated Construction Cost $100,770.00 Private 6% Survey and Inspection $6,046.20 Payment 3. Storm Sewer w/Laterals (Private Construction) Estimated Construction Cost $99,960.00 Private 6% Survey and Inspection $5,997.60 Payment 4. Grading, Graveling and Restoration (Private Construction) Estimated Construction Cost $73,720.00 Private 6% Survey and Inspection $4,423.20 Payment I:\Eneineering\Waiver of Special Assessment\WaiverofSpecialAssess-by Subdivision\Caseyrx d i�AdditionCaseysMeadow Weivetdoe 11/8/2017 C L OF1 Third Addition to Casey's Meadow South Page 2 of 4 5. Detention/Swale Grading and Restoration (Private Construction, Private Survey/Inspection) Estimated Construction Cost $7,300.00 Private 6% Survey and Inspection $0.00 Private 6. Sidewalk (Public Construction) Assess Assessment Rate = $25.00 per front foot of each lot Includes 6% for Inspection and Surveying Lot # Sidewalk Footage Sidewalk Cost Estimate 57 80.0 $2,000.00 58 80.0 $2,000.00 59 80.0 $2,000.00 60 80.0 $2,000.00 61 80.0 $2,000.00 62 80.0 $2,000.00 63 80.04 $2,001.00 64 75.0 $1,875.00 65 75.0 $1,875.00 66 75.0 $1,875.00 67 199.27 $4,981.75 68 199.27 $4,981.75 69 61.0 $1,525.00 70 61.0 $1,525.00 71 80.88 $2,022.00 72 169.15 $4,228.75 73 _ 86.29 $2,157.25 74 75.0 $1,875.00 75 75.0 $1,875.00 76 174.27 $4,356.75 7. Concrete Street Paving (Private) — Paving completed by July 31, 2020. Native backfill to be used in utility trenches. No paving until trenches have settled for three winter seasons. 1,100 Center Line Feet of Roadway at $220/lf = $242,000.00 Ten (10) Handicapped Ramps at $600.00 each = $6,000.00 Estimated Construction Cost 6% Survey and Inspection $248,000.00 Private $14,880.00 Payment I:\Engmeering\Waiver of Special Assessment\Waiver of Special Assess - by Subdivision\Casey's Meadow\Third Addition\Third Addition Caseys Meadow Waiver.doc 11/8/2017 Exhibit Zn�� e • Third Addition to Casey's Meadow South Page 3 of 4 S. Street Lighting Lighting fixture/equipment acquisition $10,000.00 Installation of underground conduit $15,000.00 Estimated Construction Cost (Public) $1,800.00 Includes installing bases, poles and fixtures 6% Survey and Inspection $900.00 9. Terrace Trees (Public Construction) Assess Assessment Rate = $300 per tree 10. Final Plat Monuments (Private) Estimated Construction Cost Private Private Payment Payment $2,000.00 Private I:\Engineering\Waiver of Special Assessmen[\Waiver of Special Assess - by Subdivision\Casey's Meado ll kl Adodon CMeadow Waver.doc 11/8/2017 �I� it eopq Estimated number Tree Cost Lot # of terrace trees Estimate 57 2.00 $600.00 58 2.00 $600.00 59 1.00 $300.00 60 2.00 $600.00 61 2.00 $600.00 62 2.00 $600.00 63 2.00 $600.00 64 1.00 $300.00 65 1.00 $300.00 66 2.00 $600.00 67 3.00 $900.00 68 5.00 $1,500.00 69 1.00 $300.00 70 1.00 $300.00 71 2.00 $600.00 72 4.00 $1,200.00 73 2.00 $600.00 74 1.00 $300.00 75 2.00 $600.00 76 3.00 $900.00 10. Final Plat Monuments (Private) Estimated Construction Cost Private Private Payment Payment $2,000.00 Private I:\Engineering\Waiver of Special Assessmen[\Waiver of Special Assess - by Subdivision\Casey's Meado ll kl Adodon CMeadow Waver.doc 11/8/2017 �I� it eopq Third Addition to Casey's Meadow South Page 4 of 4 Summary of Cost Calculations 4 — Year Irrevocable Letter of Credit or Bond for Private Construction = $619,842.00 Cash Payment for Public Engineering, Inspection and Construction = $39,282.52 Refund/Deduct if Developer stakes Sanitary Sewer, Storm Sewer, Water Main, Electrical, Right of Way grading and graveling = $10,576.26 2 — Year Irrevocable Letter of Credit after Acceptance of Private Construction = $123,968.40 Signature of Owner: �v l� 201 Signature of Authorized e resentative Date I:tEngiueering\Waiver of Special Assessment\Waiver of Special Assess - by Subdivisiou\Casey's Meadow\Third Addition\71ird Addition Caseys Meadow Waiver.doc 11/82017 Exhibit c q VGA Engr. and Dev Agree Waiver Section Private Cost Inspection (Public) Public Construction 1 $63,092.00 $3,785.52 2 $100,770.00 $6,046.20 3 $99,960.00 $5,997.60 4 $73,720.00 $4,423.20 5 $7,300.00 $0.00 6 $0.00 $0.00 7 $248,000.00 $14,880.00 8 $25,000.00 $900.00 $3,250.00 9 $0.00 $0.00 10 $2,000.00 $0.00 Totals $619,842.00 $36,032.52 $3,250.00 4 — Year Irrevocable Letter of Credit or Bond for Private Construction = $619,842.00 Cash Payment for Public Engineering, Inspection and Construction = $39,282.52 Refund/Deduct if Developer stakes Sanitary Sewer, Storm Sewer, Water Main, Electrical, Right of Way grading and graveling = $10,576.26 2 — Year Irrevocable Letter of Credit after Acceptance of Private Construction = $123,968.40 Signature of Owner: �v l� 201 Signature of Authorized e resentative Date I:tEngiueering\Waiver of Special Assessment\Waiver of Special Assess - by Subdivisiou\Casey's Meadow\Third Addition\71ird Addition Caseys Meadow Waiver.doc 11/82017 Exhibit c q VGA