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CCR2022.040-SWMA (Bay Lane El)Bay Lane Elementary School Parent Drop Off Drive Storm Water Management Practice Document Number Maintenance Agreement _Muskego — Norway School District_, 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 Mak(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. MSKC 2200998001 1. The Owner shall be responsible for the routine and extraordinary Parcel Identification Number(s) — (PIN) 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. The City of Muskego, 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 prescribed in Exhibit C. 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 a report with the City of Muskego 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. 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. 5. If the Responsible Party does not complete an inspection under 3. above or required maintenance or repairs under 4. 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. 6. This Agreement shall run with the Property and be binding upon all heirs, successors and assigns. Page 1 of 8 Owner: Jef twwA U OWP'n {Prins Name} (Si t ure) 17 STATE OF WISCONSIN ) WAv K-�M ) ss. T 4i:W*bfEzE COUNTY) aDa�, Personally came before me this day of i I �, the above named �'e 1�' to me known to be the person who executed the foregoing instrument and acknowledged tr,,�►i„�r�n�. .. �E J• S..p a OTAR .�� XA )' 3 Notary Public, at of Wiscon in F • - My Commission expires I ra Nei• 'OUBOG 2 Ci gay f4MwKego: Mayor Rick Petfalski STATE OF WISCONSIN ) ) ss. COUNTY) Personally came before me this day of , 2014, the above named Kathy Chiaverotti, 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 8 Exhibit A — Legal Description The following description and reduced copy map identifies the land parce](s) affected by this Plan. For a larger scale view of the referenced document, contact the City of Muskego.. Project Name: Bay Lane Elementary School — Parent Drop Off Drive — Biofilter Map Produced By: Inspec, Inc. 126 North Jefferson Street, Suite 120, Milwaukee, Wisconsin Location: Section 10, TSN, R20E (City of Muskego) Waukesha County, Wisconsin. Property Address: S75 W16399 Hilltop Drive, Muskego, Wisconsin 53150 (City of Muskego) Legal Description of Property: rKUrtKI T UtZik KlrIIUN-, (reryoi, w4f ragesi) All that part of the Southeast Y of Section 10 Township 5 North, Range 20 East, City of Muskego, Waukesha County Wisconsin, bounded and described as follows, to —wit: Commencing at the Northwest corner of the said Southeast Ya of Section 10: thence East along the East—West Ya line 1337.89 feet: thence South 0'36' West along the 16 879.64 feet: thence West 1336.36 feet to a point on the North —South Ya line; thence North 0'30' East along said Norlh—South Y line 879.64 feet to the point of commencement, together with a 60 foot roadway the center line of which is described as follows: All that part of the Southeast Y, and the Southwest Y of Section 10, Town 5 North, Range 20 East, City of Muskego, Waukesha county, Wisconsin described as follows, to —wit; Commencing at the South Y, Corner of said Section 10; thence North 030' East, 914.45 feet; thence 209.76 feet on the Arc of a curve to the right, chord bearing North 4'36'30" west 209.60 feet; thence 209.76 feet on the Arc of a Curve toi the left, chord bearing North 4'36'30" East 209.60 feet; thence north 0'30' East 453.17 feet. Excepting and reserving that portion contained in the right—of—way of Woods Road and the Wisconsin Electric Power Company line See Exhibit A, next page, for description of easement. Page 3 of 8 S 01'47'43" E 250.DO' s 01"i3'37" E 879,64' PROPERTY UNE S 881217R W 280.00' N ttV043" W 135.OV Known as S75 W16399 Hilltop drive in the UIj City of kduskego, Waukesha County, Wiscoosi Part of the Southeast j of Section 10, Township 5 North, Range 20 East, located in The City of Muskego, Waukesho County, Wisconsin bounded and described as follows; LQ 1-1 ;' for water Easement: r Beginning at the center of Section 10, Township 5 North, Range 20 East thence North 887217° Easl 1,300 feet to a point;thence 5auth 01"4743" East 250 feel to o goat; thence South 8E12'17" West 2K feet to o pool, thence North 01'47'V West 135 to a point, thence South 12'17" West 310 feet to a point; thence North 01'47'43` West 65 to a point; thence South 88'12'1-r � West.650.44 feet to a point, thence !North � O1'1TV West 50 to the point of beginning. SM Easement Ct7rlt6in 145,061 square feet (3.33 acres) of land more or less. W N 014743" W 65,0t1' r Stormwoter Easement "OKI N 011745" W 50.00' S 0117'45° E 879.63' PROPERTY U1NE Center of Point of Northwest Property Une sectim 8egining for Corner of (Typical) 10-5-20 Stormwoter Property Easement 70,0"7.� 0' 109 2{30` 400' EXHIBIT A - STORI1lIWATER EASEMENT NORTH V = 200'-0" Page 4 of 8 Exhibit B — Basins Overall Drainage & Grading Plan The storm water management practices covered by this Plan are depicted in the reduced copy of the construction plans, as shown below. The practices include drainage swales, biofilter water quantity and water quality basin, spillway, earthen berni and other components of these practices. Project Name: Bay Lane Elementary School — Parent Drop Off Drive Storm water Practices: Biofilter and Drainage Swales Location of Practices: Northeast Portion of Site Overall Grading Plan for Bay Lane Middle School — Parent Drop Off Drive NO� I + � r n• +r / •'! ' ri' 01J • f — f + r r + a." LA FUKI aMnrx ]RivE Page 5 of 8 Exhibit B — Basins Biofilter Basin The storm water management practices covered by this Plan are depicted in the reduced copy of the construction plans, as shown below. The practices include drainage swales, biofilter water quantity and water quality basin, spillway, earthen berm and other components of these practices. Project Name: Bay Lane Elementary School — Parent Drop Off Drive Storm water Practices: Biofilter and Drainage Swales Location of Practices: Northeast Portion of Site OUTLO T _ r f i 11 /j/ r>Zr! !1 r i , ! I I ,I 1 rr i 1 r +jll I! 1 1 r !! IrT i 1 » LOT 31i LOTT 17 —� LC qt . SC Page 6 of 8 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. BIOFILTER .system Desyrription: The biofilter is designed to remove at least 40% of the Total Suspended Solids (TSS) in its drainage area runoff and to reduce downstream peak flows. Grass swales function to convey runoff to the biofilter, as well as filter pollutants, especially from smaller storms. To function correctly, the biofilter size and outlet structures must be maintained as specified in this Plan (see Exhibits B and Q. Minimum Maintenance Requirements: The project includes new storm sewer pipes, new catch basins, and a biofilter (biofiltration). The catch basins will have a 24" minimum sumps. These items require regular inspections and maintenance as required. We have listed below each of these items and the required inspection and potential maintenance required. The plans developed for this project fully describe the locations of these items. New storm sewer pipes and culverts should be inspected to ensure the inlet and outlets are not clogged with debris. These pipes should be inspected a minimum of two times a year. Maintenance includes removing any accumulated debris and/or sediment. Concrete catch basins require regular inspection and maintenance as well. The catch basins should be inspected a minimum of two times a year. Maintenance includes removing any accumulated debris and/or sediment. Sediment should be removed when the level has reached 50% of the capacity of the sump. The biofilter contains two overflow catch basins (described above). The draintile line at the bottom of the biofilter discharges to the catch basin. A new storm sewer pipe connects to the biofilter catch basins and discharges under the drive to an area of rip rap along the north property line. The catch basins should be inspected as outlined above. Required biofilter maintenance activities are listed below: Actives Frequency 1. Water Plants As necessary during first growing season 2. Water as necessary As needed after first growing season during dry periods 3. Re -mulch void areas 4. Treat diseased plants 5. Inspect soil and repair eroded areas 6. Remove liter and debris 7. Add additional mulch 8. Inspect for sediment buildup and clogging As needed As needed Monthly Monthly Once per year Inspect once per year. The system must be checked annually, and after significant rainfall (>1.5") to determine if the infiltration rate is slow or if the system is clogged. If the draw down time exceeds 24 hours, a visible sediment layer is present, or if it is visibly apparent that runoff is running directly Page 7 of 8 through the overflow structure, the system is clogged, and one or more of the following corrective actions must be completed. If areas of the system become clogged, then the removal of engineered soil, stone and sediment should be perfonned for the area in question. The same fill and cross section of the system should be maintained. Replacement of plant material consistent with the planting schedule should be used. 9. Inspect plants Once per year —replace dead plants (if any) In addition, snow shall not be dumped/plowed directly onto the conditioned planting bed of the biofilter. Page 8 of 8