CCR2022.029-SWMA (Mallard Reserve)Mallard Reserve
II Storm Water Management Practice
Document Number Maintenance Agreement
MK/S-EP, LLC, as "Owner" of the property described below, in accordance with
Chapter 13 MMSD and the City of Muskego Code of Ordinances agrees to install
and maintain storm water management practice(s) on the subject property in
accordance with approved plans and Storm Water Management Plan conditions.
The Owner further agrees to the terms stated in this document to ensure that the
storm water management practice(s) continues serving the intended functions in
perpetuity. This Agreement includes the following exhibits:
Exhibit A: Legal Description of the real estate for which this Agreement
applies ("Property").
Exhibit B: Location Man(s) — shows an accurate location of each storm
water management practice affected by this Agreement.
Exhibit C: Maintenance Plan — prescribes those activities that must be
carried out to maintain compliance with this Agreement.
Name and Return Address
City of Muskego
Community Development Department
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Through this Agreement, the Owner hereby subjects the Property to the following
covenants, conditions and restrictions:
Tax Key No. MSKC2211996002
1. This Agreement shall run with the Property and be binding upon all heirs, Parcel Identification Number(s) — (PIN)
successors and assigns. Such heirs, successors and assigns shall become
the "Owner" as used herein. Upon transfer of title to any and all portions
of the Property, the responsibilities contained in this Agreement shall be transferred with the Property to the new
owner and the Owner, subsequent to the title transfer shall automatically be released from any and all obligations
contained in this Agreement. The rights, responsibilities and obligations contained in this Agreement, as they
relate to any commonly owned portions of the Property, may be assigned to an association of Owners.
2. The Owner shall be responsible for the routine and extraordinary maintenance and repair of the storm water
management practice(s) identified in Exhibit B and drainage easements in accordance with the maintenance plan
contained in Exhibit C.
3. Upon written notification by City of Muskego or their designee, the Owner shall, at their own cost and within a
reasonable time period determined by the City of Muskego, have an inspection of the storm water management
practice conducted by a qualified professional, file the professional's inspection report with the City of Muskego,
which shall be subject to the City's approval, and complete any maintenance or repair work recommended in the
report. The Owner shall be liable for the failure to undertake any maintenance or repairs.
4. In addition, and independent from the requirements of paragraph 3, above, upon written notification, the City, the
Metropolitan Sewer District, or its designee, is authorized to access the Property as necessary to conduct
inspections of the storm water management practices or drainage easements to ascertain compliance with the
intent of this Agreement and the activities described in Exhibit C and any applicable addenda that are
subsequently recorded regarding this Agreement. The City may require work to be done which differs from the
report described in paragraph 3, if the City reasonably concludes that such work is necessary or appropriate.
5. Upon notification by the City of Muskego of required maintenance or repairs, the Owner shall complete the
specified maintenance or repairs within a reasonable time frame determined by the City of Muskego.
6. If the Owner does not complete an inspection under 3. above or required maintenance or repairs under 4. or 5.
above within the specified time period, the City of Muskego is authorized, but not required, to perform the
specified inspections, maintenance or repairs. In the case of an emergency situation, as determined by the City of
Muskego, no notice shall be required prior to the City of Muskego performing emergency maintenance or repairs.
The City of Muskego may levy the costs and expenses of such inspections, maintenance or repair related actions
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as a special charge against the Property and collected as such in accordance with the procedures under s.
66.0627 Wis. Stats. or subch. VII of ch. 66 Wis. Stats.
No changes or amendments to this Storm Water Management Practice Maintenance Agreement may be made
without the written approval of the City of Muskego. The City of Muskego has the unilateral authority to update
this Agreement based upon any physical modifications to the storm water management practices and drainage
easements described herein, by recording an updated Exhibit B and/or an updated Exhibit C in the office of the
Waukesha County Register of Deeds, and giving notice thereof to the Owner.
Owner: MK/S-EP, LLC
By: Michael J. Kaerek, President
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this day of , the above named Michael J. Kaerek,
to me known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires
City of Muskego:
Mayor Richard Petfalski, Jr.
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this day of , the above named Richard
Petfalski, Jr., to me known to be the person who executed the foregoing instrument and acknowledged the same.
This document was drafted by:
Attorney Jeffrey J. Warchol, City Attorney
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Notary Public, State of Wisconsin
My Commission
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Exhibit A — Legal Description
Page 3 of 5
Page 8 of 11 FROM CSM 12212
CERTIFIED SURVEY MAP NO. 1,?- lz
Part of Government Lot 3 in the Fractional Southwest 1/4 of Section 13 and part of the Southwest
1/4 of the Southeast 1/4 of Section 13, in Township 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin.
SURVEYOR'S CERTIFICATE
STATE OF WISCONSIN }
:SS
WAUKESHA COUNTY }
I, JOHN P. CASUCCI, Professional Land Surveyor, do hereby certify:
That I have surveyed, divided, and mapped a division of part of Government Lot 3 in the Fractional
Southwest 1/4 of Section 13 and part of the Southwest 1/4 of the Southeast 1/4 of Section 13, in
Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin.
bounded and described as follows:
Commencing at the Southeast corner of the Southwest 1/4 of said Section 13; thence South
87° 42' 36" West along the South line of said 1/4 Section 175.00 feet to the point of beginning of the
lands to be described; thence continuing South 870 42' 36" West along said South line 533.59 feet to
a point; thence North 01 ° 25' 14" West 30.00 feet to a point; thence North 870 42' 36" East 50.00 feet
to a point; thence North 65' 46' 45" West 390.19 feet to a point; thence North 751 56' 24" West
163.38 feet to a point; thence North 86° 20' 24" West 332.16 feet to a point; thence South 87° 42'
36" West 336.71 feet to a point; thence North 01 ° 09' 00" West 643.51 feet to a point in the South
line of Outlot 3 in Big Muskego Lakes Subdivision; thence North 881 07' 00" East along said South
line 1839.42 feet to Southeast corner of Lot 1 in Certified Survey Map No. 9409; thence North 360
03' 13" East along the East line of said Lot 405.45 feet to a point in the Westerly line of Durham
Drive; thence South 38° 45' 12" East along said Westerly line 223.50 feet to a point; thence South
491 58' 22" West 15.00 feet to a point; thence South 38° 45' 13" East 30.01 feet to a point; thence
North 490 58' 22" East 15.00 feet to a point in the Westerly line of Durham Drive; thence South 38°
45' 12" East along said Westerly line 424.40 feet to a point; thence South 381 26' 38" East along said
Westerly line 675.86 feet to a point; thence South 200 21' 05" East along said Westerly line 32.20
feet to a point in the North line of Priegel Drive; thence South 510 33' 22" West along said North line
133.10 feet to a point; thence South 87° 32' 41" West along said North line 338.92 feet to a point;
thence North 000 58' 26" West 300.00 feet to a point; thence South 87' 32' 27" West along the North
line of Certified Survey Map No. 1222 and its Easterly extension 400.16 feet to the Northwest corner
of said Map; thence South 00' 58' 26" East along the West line of said Map 45.35 feet to the
Northeast corner of Certified Survey Map No. 708; thence South 871 32' 27" West along the North
line of said Map 236.91 feet to the Northeast corner of Certified Survey Map No. 105; thence South
870 42' 36" West along the North line of said Map 175.00 feet to a point; thence South 000 58' 26"
East along the west line of said Map 284.66 feet to the point of beginning.
Containing 1,998,186 square feet or 45.8720 acres.
THAT I have made this survey, land division and map by the direction of JAMES J MAY &
KAREN L MAY REVOCABLE LIVING TRUST, owners of said lands.
THAT such map is a correct representation of all the exterior boundaries of the land surveyed
and the land division thereof made.
THAT I have fully complied with the provisions of Chapter 236 of the Statutes of the State of
Wisconsin and the Land Division and PlAt#ngi9ulations of the City of Muskego in surveying, dividing
and mapping the same. SC��S
1 a Z ZoZ `l JOHN P, • ; * : (SEAL)
DATE "T CASUCCI J N . CASUCCI
S-2055 PSO SIGNAL LAND SURVEYOR S-2055
OCOfJGI�iiIY�'OC,
SURE 0
Sheet 8 of 11 Sheets
IY6
Exhibit B — Location Maps Showing
the Location of Each Storm Water Management Practice
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OUTLOT 1
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DETENTION POND
N- 775 00
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SPILLWAY = 781.00
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Exhibit C
Minimum Storm Water Practice Maintenance Requirements
This exhibit explains the basic function of each of the storm water practices listed in Exhibit B and prescribes the
minimum maintenance requirements to remain compliant with this Plan. The maintenance activities listed below are
aimed to ensure these practices continue serving their intended functions in perpetuity. The list of activities is not
all-inclusive, but rather indicates the minimum type of maintenance that can be expected for this particular site.
WET DETENTION BASINS
System Description:
The wet detention basins are designed to together remove at least 80% of the Total Suspended Solids (TSS) in the
site runoff and to reduce pre -development downstream peak flows. Swales function to convey runoff to the basins,
as well as filter pollutants, especially from smaller storms. To function correctly, the pond size, water level and
outlet structures must be maintained as specified in this Plan.
Minimum Maintenance Requirements:
To ensure the proper function of the storm water management practices described above, the following activities
must be completed:
1. All outlet structures and pipes must be checked monthly to ensure there is no blockage from floating debris
or ice, especially the washed stone in front of the orifices and the trash rack on the risers in the main part of
the basins. Any blockage must be removed immediately. The washed stone must be replaced when it
becomes clogged.
2. Grass swales shall be preserved to allow free flowing of surface runoff in accordance with approved
grading plans. No buildings or other structures are allowed in these areas. No grading or filling is allowed
that may interrupt flows in any way.
3. Grass swales, inlets and outlets must be checked at least twice yearly (spring and fall) and after heavy rains
for signs of erosion. Any eroding areas must be repaired immediately to prevent premature sediment build-
up in the basin. Erosion matting is recommended for repairing grassed areas.
4. NO trees are to be planted or allowed to grow on the earthen berms. Tree root systems can reduce soil
compaction and cause berm failure. The berms must be inspected annually and any woody vegetation
removed.
5. If floating algae or weed growth becomes a nuisance (decay odors, etc.), it must be removed from the basin
and deposited where it cannot drain back into the basin. Removal of the vegetation from the water reduces
re -growth the following season (by harvesting the nutrients). Wetland vegetation must be maintained along
the waters edge for safety and pollutant removal purposes.
6. The basins are to be cleaned out prior to the depth of sediment reaching a depth that will prevent the basin
from functioning as designed. The sediment removal is required once the average depth of the permanent
pool is 3.5 ft. All removed sediment must be placed in an appropriate upland disposal site and stabilized
(grass cover) to prevent sediment from washing back into the basin. Pond clay liner shall be protected
during removal of sediments.
7. No grading or filling of the basins or berms other than for sediment removal is allowed, unless otherwise
approved by the City of Muskego.
8. To promote more effective infiltration, mowing in the drainage ways, detention basins, and wetland fringe
areas should be minimized. If mowing is deemed necessary, the mowing heights should be no shorter than
six (6) inches. Restricting any mowing to late summer or autumn will minimize mortality to ground
nesting birds. To discourage the presence of nuisance waterfowl (i.e. Canada Geese), a minimum 30-foot
wide no -mow fringe shall be maintained around all detention basins, where possible.
9. After Vegetation is 70% established, the use of herbicides/pesticides is to be discontinued along the swales
& basins.
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