HomeMy WebLinkAboutKoeller One LLC Stormwater Maintenance Agreement1 N uqCITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
The City of Oshkosh, the Governing Body, and Koeller One, LLC, 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:
Koeller One, LLC.
2248 Deming Way, Ste. 200
Middleton, WI 53562
GOVERNING BODY: City of Oshkosh
PROPERTY SUBJECT TO THIS AGREEMENT
VI8�IIIIIIIIII 1111111 IIBI
DOC# 1764732
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI'
RECORDED ON:
04/26/2018 08:55,AM
RECORDING FEE: 90.00
PAGES: 11
Recording Area
Name & Return Address:
Oshkosh City Attorney's Office
PO Box 1130
Oshkosh, WI 54903-1130
Tax Parcel Numbers:
91308490800
The Property subject to this Agreement is Lot 2 of Certified Survey Map 7278, 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 2 of Certified Survey Map 7278 as recorded with the Winnebago County Register of Deeds
on October 17, 2017, as Document Number 1751941, located in part of Northwest Quarter of
the Northwest Quarter of Section 27, Township 18 North, Range 16 East, 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.
January 29, 2018
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
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
The Property Owner is responsible for carrying out the requirements of this Agreement. If there is more than one Property Owner, then
the responsibility is joint and several. Property Owner responsibilities include maintaining approved vegetation, grading, drainage, and
storm water facilities on the Property. The terms of this Agreement attach to the property in perpetuity and therefore pass to heirs,
successors, and assigns.
STORM WATER FACILITIES
The Property's storm water facilities consist of:
1. Bio -Filter; and,
2. Storm Sewer; and,
3. Inlet; and
4. 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.
January 29, 2018
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
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, and Koeller One,
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 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
January 29, 2018
CITY OF OSHKOSH
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT
Document Number Document Title
For the Owner/Developer:
KOELLER,ONE, LLC. C vla 101 L. V t �,�
By:
%0' t -C moo: •�ARy
o ••
STATE OF WISCONSIN
JAN ) ss.*:, �0 4
VA60 COUNTY
Personallycame before me this L da of 2018, the above name Ad
Y lF'„�jte°'^`�
be such person who executed the foregoing instrument and c d e same, for the purpose herem 1'4 j4 IM \\
NotaryDA c, t e o isconsin
My Co is ' "ties!
For the City of Oshkosh: - --- -_.
LL
Mak A. Rohloff, City Manager Pamela R. Ubrig, City Clerk
State of Wisconsin )
) ss.
Winnebago County )
Personally came before me on this
Pamela R. Ubrig, to me known to
same.
Approved as to form:
v
This document was drafted by:
David J. Praska
Deputy City Attorney
Oshkosh, WI 54903-1130
January 29, 2018
iday of M, r i I , 2018, the above named, Mark A. Rohloff and
be the persons who executed the foregoing ' =,-(/
acknowledged the
Public, to of Wisconsin l� of
ivy commission expires: 11y tt 2UZAO
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REGISTER'S OFFICE
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RECORDED ON
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NATALIE STROHMEYER
REGISTER OF DEEDS
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RECORDING FEE 30.00
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SURVEY MAP NO. 1362. LOCATED IN PART OF NORTHWEST OUARTER OF THE
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CERTIFIED SURVEY MAP NUMBER `1a'7Y
A PARCEL OF LAND BEING A PART OF LOTS 1 AND 3, WINNEBAGO COUNTY CERTIFIED
SURVEY MAP NO. 1362, LOCATED IN PART OF NORTHWEST OUARTER OF THE
NORTHWEST OUARTER OF SECTION 27, TOWN )8 NORTH. RANGE 16 EAST. CITY OF OSHKOSH,
WINNEBAGO COUNTY. WISCONSIN
SURVEYOR'S CERTIFICATE:
I. DAVID A. MURK, STATE OF WISCONSIN PROFESSIONAL LAND SURVEYOR 5-2648. 00 HEREBY CERTIFY THAT BY ORDERS OF
KOELER ONE LLC THAT I HAVE MADE A SURVEY OF A PARCEL OF LAND BEING A PART OF LOTS 1 AND 3. WINNEBAGO
COUNTY CERTIFIED SURVEY MAP NO. 1362. LOCATED IN PART OF NORTHWEST OUAMR OF THE NORTHWEST OUARTER OF
SECTION 2T. TOWN 18 NORTH. RANGE 16 EAST, CITY OF OSHKOSH. WINNEBAGO COUNTY, WISCONSIN
COMMENC64C AT THE WEST OUARTER CORNER OF SECTION 2T.
THENCE NO1'0624"E COINCIDENT WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 27 A DISTANCE OF 1320.83
FEET:
THENCE S88'55'46"E A DISTANCE OF 995.80 FEET TO A FOUND )" IRON PIPE BEING THE SOUTHEAST CORNER OF 1200 SOUTH
KOELLER CONDIMINUIV. PLAT;
THENCE N00.34141"E COINCIDENT WITH THE WEST LINE OF LOTS 13-18. WEST ADDITION TO ARMORY PLACE PLAT LEAST LINE
1200 SOUTH KOELLER CONDMINUIM PLAT) A DISTANCE OF 3:3.85 FEET TO A FOUND 3!4" REBAR BEING THE NORTHEAST
CORNER OF 1200 $GUTH KOELLER CONDIMLNUIM PLAT AND ALSO TF:E POINT OF BEGINNING.
T1llaCE N88'16'391N COINCIDENT WITH THE NORTH LINE OF 1200 SOUTH KOELLER CONDIM.INUIM PLAT A DISTANCE OF 264.24
FEET:
THENCE N69'19'09"W COINCIDENT WITH SAID NORTH LINE A DISTANCE OF 335.82 FEET;
THENCE N20'3511 -E COINCIDENT WITH THE EAST LINES OF L07 1 OF CERTIFIED SURVEY MAP N0. 508 AND LOT I OF
CERTIFIED SURVEY MAP NO. 1540 A DISTANCE OF 184.59 FEET TO THE NORTH LINE OF LOT :. CERTIFIED SURVEY MAP NO.
540;
THENCE N69.24'49"W COINCIDENT WITH SAID NORTH UNE A DISTANCE OF 194.26 FEET TO THE EASTERLY CURVED
RIGHT-OF-WAY LINE OF SOUTH KOELLER ROAD:
THENCE COINCIDENT WITH SAID CURVED EASTERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A CURVE TO THE RIGHT 3D.B3
FEET HAVING A RADIUS OF 2802.TO FEET AND WFoSE LONG CHORD BEARS MG'49'58"E A DISTANCE OF 30.83 FEET;
THENCE N14'ZWSI"E COINCIDENT WITH SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 10193 FEET TO THE SOUTH LINE
OF LOT L CERTIFIED SURVEY MAP NO, 116:
THENCE S75'47'16"E COINCIDENT WITH SAID SOUTH LINE A DISTANCE OF 99.29 FEET TO THE EAST LINE OF LOT L CERTIFIED
SURVEY MAP NO. 116;
THENCE N14.12'44'E COINCIDENT WITH SATO EAST LINE A DISTANCE OF 108.94 FEET TO THE NORTH LINE OF LOT L CERTIFIED
SURVEY MAP NO, 116:
THENCE NTS'4716"W COINCIDENT WITH SAID NORTH LME A DISTANCE OF 98.03 FEET TO THE EASTERLY CURVED
RIGHT-OF-WAY LINE OF SOUTH KOELLER ROAD;
THENCE COINCIDENT WITH SAID CURVED EASTERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A CURVE TO THE RICHT 220.54
FEET HAVING A RADIUS OF 236.01 FEET AND WHOSE LONG CHORD BEARS N59'0145"E A DISTANCE OF 212.60 FEET;
THENCE N85.47'56'E COINCIDENT WITH SAID EASTERLY RIGHT-OF-WAY LME A A DISTANCE OF 74.55 FEET TO THE BEGINNING
OF A CURVE:
THENCE COINCIDENT WITH SAID CURVED EASTERLY RIGHT-OF-WAY LINE ALONG AN ARC OF A CURVE TO THE LEFT 175,79
FEET HAVING A RADIUS OF 162.00 FEET AND WHOSE LONG CHORD BEARS N54142'49"E A DISTANCE OF 167.29 FEET:
THENCE N23'38'38"E COINCIDENT WITH SAID EASTERLY RIGHT-OF=NAY LME A DISTANCE OF 10.31 FEET TO THE WEST LINE OF
LOT 1 CERTIFIED SURVEY MAP NO. 1446:
THENCE S44'20'35"E COINCIDENT WITH SAID WEST LIVE A DISTANCE OF :0.79 FEET;
THENCE SOO'34'41"W COINCIDENT WITH SAID WEST UNE A DISTANCE OF 134.66 FEET TO THE SOUTH LINE OF LOT L CERTIFIED
SURVEY MAP NO. 1446:
THENCE SS9'07'19"E COINCIDENT WITH SAID SOUTH LINE A DISTANCE OF 240.00 FEET TO A FOUND 1" IRON PIPE BEING THE
SOUTHEAST CORNER OF SAID LOT 1 AND THE WEST LINE OF LOT 28 WEST AOD)TIGN TO ARMORY PLACE PLAT:
THENCE SOO'34'4rw COINCIDENT WITH SAID WEST UNE OF LOT 28 AND LOTS 18-27 OF WEST ADDITION TO ARMORY PLACE
PLAT A CISTANCE OF 677.13 FEET TO THE POINT OF BEGINNING:
SAID PARCEL OF LAND CONTAINS 9.096 ACRES (396.26 SOUAR_ FEET) MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS
AND RESTRICTIONS OF RECORD
THAT I HAVE MADE THIS SURVEY AND LAND DIVISION UNDER THE DIRECTION DF THE OWNERS OF SAID LANDS.
THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF CHAPTER 236.34 OF THE WISCONSIN STATUTES AND THE SUBDIVISION
REGULATIONS OF THE CITY OF OSHKDS'H. WINNEBAGO COUNTY IN SURVEYMG. DIVIDING AND MAPPING OF SATO LANDS
THAT THIS 15 A CORRECT REPRESENTATION OF ALL OF THE EXTERIOR BOUNDARIES OF THE LAND SURVEYED AND THE LAND
DIVISION MADE THEROF.
_�a..,A G - " 9 -I9 -Zan
DAVID A. MURK P.L.S. 0. S -Z548 DATE
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Exhibit 11A"
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CERTIFIED SURVEY MAP NUMBER --7a-7o,,
A PARCEL OF LAND BEING A PART OF LOTS 1 AND 3, WINNEBAGO COUNTY CERTIFIED
SURVEY MAP NO. 1362, LOCATED IN PART OF NORTHWEST QUARTER OF THE
NORTHWEST OUARTER OF SECTION 27. TOWN 18 NORTH, RANGE 16 EAST. CITY OF OSHKOSH.
WINNEBAGO COUNTY, WISCONSIN
QWNER'S CERTIFICATE:
KOELLER ONE LLC, 1 DO HEREBY CERTIFY THAT I HAVE CAUSED THE LAND
ON THIS CERTIFIED SURVEY MAP TO BE SURVEYED, DlV:DED, AND MAPPED AS REPRESENTED OV THIS
CERTIFIED SURVEY MAP. IN WITNESS WHEREOF THESE PRESENTS HAVE BEEN SIGNED THIS � (p DAY
OF �< <"
ME ER '�py11.jG• ve�Aa.. DATE
STATE OF WISCONSIN: !
SS
�Cl Y` — COUNTY:
PERSONALLY CAME BEFORE ME THIS( 6111DAY OF 0 C ' " �e
2017, THE ABOVE '"IAto TD ME KNOWN TO BE THE PERSONS WHO EXECUTED
TH�G01 I RUMENT AND ACKNOWLEDGED THE SAME.
NOTA 'B 1 �q rie COUNTY, WISCONSIN -SOMN A% ° &<&I -AA -1 OM SS
THIS E IFIED SURVEY MAP HAS BEEN REVIEWED AND ACCEPTED BY THE CITY OF OSHKOSH PLANNING DEPARTMENT.
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Exhibit 6
Inspection & Maintenance Log
Bioretention & Rain Garden
Name of Site: Address:
Inspector:
Municipality
Contact:
Company:
Phone:
Inspection Year:
* 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
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"
Exhibit "C"
Page 1 of 1
Rev. 02/22/2008
Inspection & Maintenance Log
Catch Basin / 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
Date
Storm
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)
Dates Pumped
Pumper
Design Pumping Frequency
Disposal Location
Page 1 of 1
Exhibit "C"
Rev. 02/22/2008