Loading...
CCR2021060-Attachment Page 1 of 5 Document Number DCEN 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 i n 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. Through this Agreement, the Owner hereby subjects the Property to the following covenants, conditions and restrictions: 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 o r 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 Denoon Country Estates North Storm Water Management Practice Maintenance Agreement Name and Return Address City of Muskego Community Development Department W182 S8200 Racine Avenue Muskego, WI 53150-0749 Tax Key No. MSKC 2279993____ Parcel Identification Number(s) – (PIN) Page 2 of 5 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. 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 Denoon Country Estates North. Owner: ____________________________________________ By: John Jewell By: DCEN LLC 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 Rick Petfalski 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: Attorney Jeffrey J. Warchol, City Attorney City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 Page 3 of 5 Exhibit A – Legal Description Being a part of the SE ¼ and SW ¼ of Section 30, T5N, R20E, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Page 4 of 5 Exhibit B – Location Maps Showing the Location of Each Storm Water Management Practice Wet Detention Basin Drainage Swales Page 5 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 p erpetuity. 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 basin is designed to remove at least 80% of the Total Suspended Solids (TSS) in the site runoff and to reduce pre-development downstream peak flows. To function correctly, the pond size, water level , outlet structures and contributing storm sewers & swales 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 swales, storm sewers, the pond outlet structure and pond side slopes must be checked monthly to ensure there is no erosion or blockage from floating debris or ice, especially the washed stone i n front of the orifices, the outlet structure and overflow weir. Any erosion or blockage shall be repaired immediately. The washed stone must be replaced when it becomes clogged. 2. NO trees are to be planted or allowed to grow on the earthen berms in the pond. Tree root systems can reduce soil compaction and cause berm failure. The berms must be inspected annually and any woody vegetation removed. 3. 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 water’s edge for safety and pollutant removal purposes. 4. The water depth in the wet detention basins is to be inspected every five (5) years to determine the average depth of water throughout the detention basins. The basin shall be cleaned out prior to the of depth water being reduced by accumulated sediment to less than an average of three (3) feet. All removed sediment must be placed in an appropriate upland disposal site (on or off site) and stabilized (grass cover) to prevent sediment from washing back into the basin, and located in a way that does not cause blockage of overland flow paths. 5. No grading or filling of the basin or berms other than for sediment removal is all owed, unless otherwise approved by the City of Muskego. 6. Mowing adjacent to basin 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 minimiz e 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 the basins, where possible. 7. After Vegetation is 70% established, the use of herbicides/pesticides is to be discontinued along the swales & basins.