CCR2019050-Attachment
Prairie Meadows
Storm Water Management Practice
Document Number
Maintenance Agreement
_Prairie Meadows Homeowners Association, 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 Map(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
This Agreement rescinds and nullifies a previous Agreement entitled “ Prairie
Community Development Department
Meadows Retention Pond Maintenance Agreement” recorded with the Waukesha
W182 S8200 Racine Avenue
County Register’s of Deeds Office on February 12, 2003 as Document No. 2930591.
P.O. Box 749
Muskego, WI 53150-0749
By this Agreement, the Owner hereby subjects the Property to the following
covenants, conditions and restrictions:
Tax Key No. MSKC 2256-024
Parcel Identification Number(s) – (PIN)
1. The Owner shall be responsible for the routine and extraordinary
maintenance and repair of the storm water management practice(s)
identified in Exhibit B.
2. The Owner shall be solely responsible for maintenance and repair of the storm water management practices and
drainage easements in accordance with the maintenance plan contained in Exhibit C.
3. Upon written notification by the City of Muskego (“City”) or it’s 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 section 3, above, the City, or its designee, is authorized to
access the Property as necessary to conduct inspections of the storm water management practices or drainage
easement 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 section 3, if the City reasonably concludes that such work is necessary or
appropriate.
5. Upon notification by the City of required maintenance or repairs, the Owner shall complete the specified
maintenance or repairs within a reasonable time frame determined by the City. If the Owner does not complete an
inspection under section 3 above or required maintenance or repairs under section 4 or section 5 above within the
specified time period, the City 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, no notice shall be required prior to the
City performing emergency maintenance or repairs. The City of Muskego may levy the costs and expenses of such
inspections, maintenance or repair related actions as a special charge against the Property and collect as such in
accordance with the procedures under s. 66.0627 Wis. Stats. or subch. VII of ch. 66 Wis. Stats.
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6. No changes or amendments to this Storm Water Management Practice Maintenance Agreement may be made
without the written approval of the City. The City 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.
7. This Agreement shall run with the Property and be binding upon all heirs, successors and assigns in interest of the
Property. Such heirs, successors and assigns shall be deemed the “Owner” as used herein upon acquiring an interest
in the Property.
Owner: PRAIRIE MEADOWS HOMEOWNERS ASSOCIATION
____________________________________________
By:
By:
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this _____ day of_____________________, the above named
_____________________________, 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 Kathy Chiaverotti
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this _____ day of ___________________________, the above named Kathy
Chiaverotti, to me known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission
This document was drafted by: Scott Kroeger
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Exhibit A – Legal Description
Being a part of these ¼ of the SE ¼ of Section 24, T5N R20E, City of Muskego, Waukesha
County, Wisconsin, bounded and described as follows: Commencing at the SE corner of said
o
Section 24, thence S 87 17’ 23” W along the south line of said Section 24, 130.68 feet, to the
o
point of beginning; Thence westerly along said line S87 17’ 23” W, 392.24 feet to a point on the
o
east line of North Cape Road (CTH OO); thence N 31 23’ 10” W, 223.47 feet along the east line
of North Cape Road; thence continuing along the east line of North Cape Road , 140.75 feet along
the arc of a curve whose center is to the left, and whose radius is 5,779.58 feet, and whose chord
o
bears N 06 29’ 48” W, 140.74 feet; thence continuing along the east line of North Cape Road N
o o o
07 11’ 39” W, 889.02 feet; thence N 82 48’ 21” E 150.00 feet; thence N 07 11’ 39” W, 95.91
o o
feet; thence N 87 24’ 43” E 597.99 feet to a point on the east line of Section 24; thence S 01 22’
o
14” E, along the east line of Section 24, 661.94 feet, thence S87 16’ 40” W, 130.68 feet; thence
o
S01 22’ 14” E, 667.25 feet, to the point of beginning of this description, containing 18.2302 acres
of land(more or less), and hereinafter referred to as the “Subdivision” or as the “Property”.
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Exhibit B – Location Maps Showing
the Location of Each Storm Water Management Practice
Storm Water Pond
(Wet Detention Basin)
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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. Any blockage must be removed immediately.
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 impacting the ponds ability to remove TSS
properly or affecting runoff rate reductions. 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.
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.
10. Any signage required by the City of Muskego must be maintained and replaced if damaged or missing.
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