CCR2020057-Attachment
Muskego Lakes Estates
Storm Water Management Practice
Document Number
Maintenance Agreement
Muskego Lakes Estates 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 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
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. MSKC2261999
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 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, 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 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
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.
7. 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
Page 1 of 5
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.
8. This Agreement shall run with the Property and be binding upon all heirs, successors and assigns. Such heirs,
successors and assigns shall be the “Owner” as used herein. Including but not limited to, the Home Owners
Association of Muskego Lakes Estates.
Owner:
____________________________________________
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 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.
Notary Public, State of Wisconsin
My Commission
This document was drafted by:
Attorney Jeffrey J. Warchol, City Attorney
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Page 2 of 5
Exhibit A – Legal Description
Legal Description:
Part of the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 5 North, Range 20 East,
City of Muskego, Waukesha County, Wisconsin.
Commencing at the Northeast corner of the Northeast 1/4 of Section 26, Township 5 North,
Range 20 East; Thence S 0°30'02" E along the East line of said Northeast 1/4 of Section 26,
33.00 feet to the South line of Ryan Drive and the Point Of Beginning; Thence continuing S
0°30'02" E along said East line of the Northeast 1/4 of Section 26, 873.49 feet; Thence S
72°07'44" W, 269.85 feet; Thence N 71°00'05" W, 528.40 feet; Thence S 88°08'00" W, 563.74
feet; Thence N 0°33'09" W, 346.99 feet to the Southeast corner of Parcel 3 of Certified Survey
Map 8229 as recorded in the Waukesha County Register of Deeds Office as Document No.
2195040; Thence continuing N 0°33'09" W along the East line of said Parcel 3 of Certified
Survey Map 8229, 292.42 feet to the South line of Parcel 2 of said Certified Survey Map 8229;
Thence N 89°02'51" E, 250.00 feet to the Southeast corner of Parcel 1 of said Certified Survey
Map 8229; Thence N 0°33'09" W along the East line of said Parcel 1 of Certified Survey Map
8229, 141.30 feet to the South line of Ryan Drive; Thence N 89°02'51" E along said South line
of Ryan Drive, 1069.97 feet to the Point Of Beginning.
Said Parcel contains 1,066,782 Square Feet or 24.490 Acres, more or less.
Page 3 of 5
Exhibit B – Location Maps Showing
the Location of Each Storm Water Management Practice
Page 4 of 5
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 the dewatering hole. 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.
Page 5 of 5