HomeMy WebLinkAboutStormwater Maintenance Agreement Harrison Streeti�CITY OF OSHKOSH
I STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
The City of Oshkosh, the Governing Body, and Housing Authority of the City of Oshkosh,
the Property owner, along with their successors and assigns, are the parties to this
Agreement. The purpose of this Agreement is to ensure adequate storm water drainage
facilities for the Property described in this Agreement in connection with the surrounding
public storm water facilities. The consideration for this Agreement includes the City's
approval of proposed development on the Property. Additional consideration includes the
Property 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:
Housing Authority of the City of Oshkosh
600 Merritt Avenue
Oshkosh, WI 54901
GOVERNING BODY: City of Oshkosh
PROPERTY SUBJECT TO THIS AGREEMENT
i
4 $ Tx:4294854 7
DOC* 1760642
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
02/22/2018 09:05 AM
RECORDING FEE: 30.00
PAGES: 12
Area
Name & Return Address:
Oshkosh City Attorney's Office
PO Box 1130
Oshkosh, WI 54903-1130
Tax Parcel Numbers:
91505830200
91505840200
The Property subject to this Agreement is Lot 1 and Lot 2 of Certified Survey Map 7294, a copy of which is attached hereto and
incorporated herein as Exhibit "A", located in the City of Oshkosh, Winnebago County, and is more particularly described as follows:
Lot 1 and Lot 2 of Certified Survey Map 7294, recorded with the Winnebago County
Register, of Deeds on November 29, 2017, as Document Number 1755133, located
in Section 13, Township 18 North, Range 16 East, in the Fifteenth Ward, City of Oshkosh,
Winnebago County, Wisconsin.
GRADING AND DRAINAGE PLAN
The Property must always comply with the grading and drainage plan approved by the City. The approved grading and drainage plan
may be amended or modified from time to time after consultation with the Property owner. Compliance will be evaluated according to
the most current approved plan. A small scale version of the current grading and drainage plan is attached as Exhibit `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.
December 14, 2017
11k
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
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 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. Swales; and,
3. Storm Sewer; and,
4. Inlet; and
5. Manhole Covers.
INSPECTION AND MAINTENANCE
All storm water facilities and components of the storm water system shall be inspected at least semiannually, with one inspection
occurring in early spring and one inspection occurring in early autumn. The Property's storm water drainage system must also be
inspected after major storm events. The storm water facilities and grading and drainage scheme must be maintained as designed in
order to achieve the desired storm water drainage objectives. Therefore, maintenance and repairs must be performed expeditiously
when system deficiencies are identified. The existence of soil erosion, clogged or damaged inlets and/or pipes, sedimentation of the
basin and/or biofilter, rilling of side slopes, and other damaged features of the stormwater system are examples of items requiring
maintenance or repair work. Material removed from the basin or biofilter may require special handling dependent upon current
Wisconsin Department of Natural Resources disposal practices.
If a biofilter is installed/constructed, then biofilter maintenance activities include: remove coarse and gravel sediment that has
accumulated; maintaining proper level of mulch; inspecting surface and repair eroded areas; inspect filter strip rip -rap and repair as
needed; inspect energy dissipator rock or grass inlet areas; inspect overflow structures; replace filter bed; inspect perforated pipe under
drain; remove litter and debris; water plants; replace dying plants; and replace vegetation when necessary. Biofilter inspection and
maintenance requirements applicable to the Property will change as the rules enforced by the Governing Body change.
If a wet basin is installed/constructed, then dredging operations are required to remove the excess sediment when the depth of water in
the wet detention basin diminishes below three feet causing the efficiency of the detention basin to decrease. The storm water detention
basin(s) must retain the safety shelf after dredging. Damage to the safety shelf or detention basin liner must be repaired to preserve the
safety and operation of the facilities.
If a dry basin and/or swale is installed/constructed, then dry basin and swale maintenance includes removal of trash and debris,
repairing erosion, maintaining vegetation, and dredging when necessary.
December 14, 2017
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
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.
Mowing in buffer areas, detention basin banks and drainage ways shall be minimized in order to maximize filtration of runoff. If
occasional mowing is necessary, the mowing height must not be less than six inches. Applications of fertilizers, herbicides, pesticide or
other chemical applications are prohibited in buffer areas, on detention basin banks and along drainage ways.
COMPLIANCE
The Property benefits from a properly maintained grading and drainage plan as well as properly maintained storm water facilities. In
the event the Property owner fails to perform any obligation related to this Agreement, the City of Oshkosh shall have the authority to
enter the private Property to inspect, maintain, repair, reconstruct, 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.
RECORDING
This agreement shall be recorded with the land records of the Winnebago County, Wisconsin, Register of Deeds Housing Authority of
the City of Oshkosh, 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 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.
SIGNATURES ON FOLLOWING PAGE
December 14, 2017
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
For the Owner/Developer:
HOUSING AUTHORITY OF THE CITY OF OSHKOSH
By: 'I 3� IA��
Susan van Houwelingen, Executive Director
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
i is
Personally came before me this day of e�evar� , 201-; the above named Susan
me known to be such person who executed the foregoing instrument and acknowledged the same, f<
contained. fj
Notary Public, State of Wisconsin
My Commission expires: 0'8-34'aCg
For the City of Oshkosh:
Mark A. Rohloff, City Manager
State of Wisconsin )
) ss.
Winnebago County )
Personally came before me on this day of -P!
Pamela R. Ubrig, to me known to be the persons who
same.
Approved as to form:
This document was drafted by:
David J. Praska
Deputy City Attorney
Oshkosh, WI 54903-1130
December 14, 2017
1N'1%gNidl g9n, to..,
s Pgarpose herein
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Pamela
FPamela R. Ubrig, City Clerk
2017, the above named, Mark A. Rohloff and
the foregoing instrumen an cknowledged the
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1755133
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
11/•29/2017 IO:OB:AM11
NATALIE STROHMEYER
REGISTER OF DEEDS
VOI %I pcl-,12gLl
RECORDING FEE 30.00
BEARINGS REFLHHE)VciD TO 1HE PAGES: 5 r
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STATE OPWISCONSIN) S$'
WQVNEBAGO COUNTY)
CERTIFIED SURVEY MAP NO. aol
SHEET 3 OR 5
SURVE'YOR'S CERTM, CAT&
I, Craig A. Keach,. Wisconsin Professional. Land Surveyor of Meridian Surveying, LLC., certify
that I surveyed, divided and. mapped under the direction of Susan van Houwelingen of the.
Oshkosh Housing Authority a parcel .of land dieing all of Block One (1) and all of Lots 1, Z
3, 4, 5, 6., 7, 8, 9, 10, -11, 12, 13, and 14, Block Two (2�,. and all of Lots 1, 2, 3, 4, 5., 6, 7,
8, 9,.10,11, and '12, Block 3 of:Pleasant Home; Land CO's First Addition and that part of
yaeated Eastman Street and vacated Motint Vernon Street, Fifteenth Ward, City of
Oshkosh, Winnebago County, Wisconsin. $aid property being located in the Southeast
Quarter (SEI/4) of the Northwest Quarter (NW1/4) of Section Thirteen (13.) Township
Eighteen ,(18) North, Range Sixteen (16) East, City of Oshkosh, Winnebago County,
Wisconsin, containing 225,940 square feet (5.187 acres) of land and being more
gartieulaHy described as follows.
Commencing at the Northwest Comer of said Sectior113;.thence N89°=08' -08"E 2575.24
feet along the North line of the NW1/4 of said;S.ectiori 13; thence S00° -51'-52"E 1361.39
feet to the Northeast :Comer of Lot 8 of said Block 3 and the point of beginning; thence
S00° -22'-37'E 278.13 feet along the East line of said Block 3 to the Southeast Comer of
Lot 12 of said Block 5; thence S89° -24'-05"W 142.'75 along the South line of said Lot -12
to its Southwest Comer thereof, thence S000 -22'-28"E 107:36 feet along the East fine of
Lots 1 and 2 of said Block 3 to the Southeast Comer of said Lot 1; thence S89' -24'-
05"W 132,37 feet along the South line of said. Lot 1 to its Souihwest Corner thereof;
thence S89° -30'-03"W 60.00 feet to the Southeast Comer of Lot 14 of said Block 2;
thence S89° -25'4.9"W 267.09 feet along the South line of said Block 2 to, its. Southwest
Comer thereof; thence S89° -50'-47"W 60,00 feet to the S.otitheast Comer of said Block
1; thence.S89°-26'-43"W 10.88 feet along the South line of said Block 1 to its Southwest
Cornet thereof; thence_ N26'-17•'•-14" E 1.59.17 feet along the- Northerly line of said Block
I fo its North moR Corner thereof; thence N89° -50'-47"E 60.00 feef to a point'on the
West line of said Block 2; thence N00°-09' 15"W 120.23 =feet along said. West line to a
point on the Southeasterly line of vacated Soo Litie Rail Road Right of Way; 'thence
N26°-17'-14"$ 136,58 feet along"said Southeasterly line.to'the Northwest Corner of Lot
7 of said_Block2 (also being a point on the South line of Nevada Avenue), •thence N89°-
16' -31"E-539.91 feet along said South line to the point of beginning, beitigsubject to any
•and all easements and restrictions of record.
That -such is a correct representation of all the exte.riorboundaries of the land surveyed and the
subdivision thereof made,
That I have fully complied with the provisions of Chapter 236,34 of the Wisconsin Statutes'and
the Land Stibdivision Ordinance of the City of Oshkosh in surveying, dividing and mapping the
same.
bated.this /S-Lday.ofiuoVEm3z^32.2017
Wls sin ofessional L Surveyor, = 33 CRAIG A,
Craig A7 each
B-2333
NEENAH,
WISCONSIN OQ'<
su
r:yhibit L 5 h ri
STATEOMISCONSIN) SS
WUMBAGO COUNTY)
CERTIFIED SURVEY MAP NO..-
SHEET 4 OF 5.
15 FOOT WIDE SANITARY SEWEREASEMENT
A sanitary. sewer easement 15 feet is width and being 7.5 feet. each' side- of and parallel to the
following described line:
Commending at the Northwest Cornet' of Section 13, T.1 8N;. R16E;. thence N89' -08'-
08"E 2575.24. feet along' the North line of the NWIM of said Section 13; thence SOO'-
51'-52"E 1361.39 feet to the Northeast Corner of Lot 8 of Block 3 of Pleasant Home
Land CO'! First Addition; thence S00° -22'-37"E 206.95 feet along the East line of said
Block 3 to the point of beginning; thence S86' -50.'-39'W 126.41 feet; thence S89° 50'-
47"W 171:80 feet to a point herein after referred to as "Point- A'; thence S00° -09'-15"E
68.17 feet to the point of termination. Also, beginning at said "Point A'', thence N42'-
37' -40"W 5370 feet to the point of termination.
15 FOOT WIDE WATER MAIN EASEMENT.
A water main easement 15 feet in width and being 7.5 fee[ each side of and parallel to the
.following described line:
Commencing at the Northwest Corner of Section 13; Tl.8N; R16E; thence N89° -08'-
08"E 2575.24 feet along the North line of the NW1/4 of said Section 13; thence SOW -
51' -52"E 136139 feet 'to the Northeast'Corner of Lot 8 of .Block.3 of Pleasant Home
Land CO's First Addition;'thence S00° -22'-37"E 213,5.7 feet along the East line of said
Block 3. (also being the West line of Grand Street); thence S89° -50'-47"W 298.06 feet;
thence. S00° -09'-15"E 9.77 feet to the point of beginning; thence S85' -45'-59"W 21.62
feet; thence S00° -09'-15"E 43.26 feet to thepo%nt of termination.
5 FOOT WIDE STORM SEWER EASEMENT
A storm sewer easement 5 feet' in width and being 2.5 feet each side of and parallel .to the
foi16wing.described fine:
Commencing at the Northwest Comer of Section 13, TIRN; R16E; thence N89° -08'-
0$"E 2575.24 feet along the North line of the NWl/4 of said Section 13; thence 8009-
51'-52"E 1361.39 feeCto .the Northeast Comer 'of Lot 8 of Block 3 of Pleasant Home
Land CO's First Addition-, thence S00°-22',37" E 213.57 feet along the East line of said
'Block 3 '(also being the West line of Grand Street); thence S89° -50'47"W 298.06 feet;
thence S0.0° -09'-15"E 50.44 feet to the point of beginning; thence S89° -32'-27"W 130.58
feet to the point.of termination. The side lot lines of said easement shall be shortened or
lengthened to terminate on the respective nortit/sotlth lot lines of Lot 1 -of this Certified
Survey Map.
patedthislStl:d'ay ofNdyEM3Es3, 2017
L CRAIG A.
KEAEH
Wi -lar fessional Land rvqur, 33 m. S-2333
raig-A-.-Ke ch NEENAH,
WISCONSIN
yti �C
_vhibet 65
'STATE 0 WISCONSIN) SS
' RO=AGO COUNTY)
CERTIFIED SURVEY MAP NO. as
.slMU 5 oi's
All .of Block One (1) andmil of Lots 1, 2, 3, 4, 5, 6,.7, 9.9,10, 11, 1-2, 15, and 14, Block
Two (2), and all of Lots 1,2-,3-,4,5,-6,7., 8, 9, 10, 11, and 12, Block 3 of PleasantHome
Land Co'S First,Addition and that part of vacated Eastman Street and vacated Mount
Vernon Street, Fifteenth Waid, City of Oshkosh, Winnebago Count!, Wisconsin. Said
propertybeinp located in the Sbutheast.Quarter'(SEIA) of the Northwest Quarter
(NW 114) -of Section, Thirteen (13) Township Eighteen (18) North, Mange Sixteen (16)
East, City -of Oshkosh, Winnebago County, Wisconsin
This Cer0ed Survey Map is contained. wholfy within the property described in: Document No.
`1625622, and thosetesolutions vacating Eastman Streetand Mount Vemon Street..
Owner of Record: The Housing Authority of the -City of Oshkosh
This Certified Survey Map is wholly contained in Tax'Parcel Numbers: 1505830100 and
1505840100.
OWNEWS CERTIFICATE.
As owner I hereby certify that Icaused the land or. this Certified Survey Map tobe surveyed,.
divided & mapped as:represented on this map.
TEE -HOUSING AUT11ORIRI`I'YOFTHE CITY OF OSHKOSH
RepresentativeDate
Personally carne before Me this 'Imt�l day of f,�)Jev�oer 2017,
The above pwner to rrie known to be the person who executedtheforegoing- instrumentgW1111VYNC';
acknowledge -the same. ,+�, P;,
X61 AR )•
W tnn��0o�0 = P ' ��C, 'f
Notary Public Cou Wisconsin U13
B _
hey Co.,.srtxYon exe3cc$ 08=xy-r1ot8 :,�5'p�•�. '•BOG:
CITY OF OSHKOSH PLANNING COMIIATTEE CERTIFICATE 4�111I 1.0 °��````
This Certified Survey Map in Section 13, -Township 18 North, Range t6 'East, City of Oshkosh,
Winneba o County, Wisconsin, is hereby approved.
i anning Comm"issiori Date
Representative.
�\�gC Q Pds/�
Dated this/54k ay ofA.tnvpm , 2017 yl
` CRAIG A
Wi fessional La d S.urve `2333' SE2333
raig� ach TJEENAti,
WISCONSIN.
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Exhibit
Name of Site:
Inspector:
Municipality
Contact:
Inspection & Maintenance Log
Bioretention & Rain Garden
Address:
Company:
Phone:
Inspection Year:
* 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
Date
Storm
Date
Storm
Date
Maintenance Action
Date
Outlet/Standpipe
Debris / Trash Accumulation*
Clean up/Remove
High water levels (near top of basin)*
Clean/Inspect discharge
pipe.
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/Invasive vegetation
Remove/Treat with
herbicide.
Voids in mulch area
Add mulch to depth of 3"
Page 1 of 1 Rev. 02/22/2008
Exhibit l�F�-
Name of Site:
Inspection & Maintenance Log
Catch Basin / Proprietary Device
Address:
Inspection Year:
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
Date Date
Storm
Date
Maintenance Action
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):
Type of unit(s)
Design Pumping Frequency
Dates Pumped
Pumper
Disposal Location
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