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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 Page 1 of 5 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 Page 2 of 5 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 Page 4 of 5 OUTLOT 1 GRAPKIC CAI IN FEEV) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' - . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DETENTION POND N- 775 00 - - - - - - - - - 77M2 SPILLWAY = 781.00 . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - . . . . . . . . . . . I DT -7-9-1 (7T ME im • .,too@r - 10019.0awal ►� =:ri i .D Dom- ® �� � � Ill(. � •� .� :. ��I•�� � ; ./ USE 'Im m 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. Page 5 of 5