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Consideration of request by Engineering Division to enter an AGREEMENT with Landowners for recreational use of certain land located in the City of Wauwatosa and City of Milwaukee, Wisconsin, CIP Project #2309, Wisconsin Avenue Multi-Use Path
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Submitted by:
Mike Steiner, Assistant City Engineer
Department
Public Works, Engineering Division
A. Issue
Consideration of request by Engineering Division to enter an AGREEMENT with Landowners for recreational use of certain land located in the City of Wauwatosa and City of Milwaukee, Wisconsin, CIP Project #2309, Wisconsin Avenue Multi-Use Path
B. Background/Options
The City of Wauwatosa is entering into an agreement with and among [MRMC Land Bank, LLC, a Wisconsin limited liability company or Froedtert Memorial Lutheran Hospital, Inc., a Wisconsin non-stock corporation or Milwaukee Regional Medical Center Water Service, Inc., a Wisconsin non-stock corporation] (the "Landowner"), for recreational trail facilities along W. Wisconsin Avenue on the north side of Wisconsin Avenue. The section of trail on the Landowner’s property is part of the larger Wisconsin Avenue Multi-Use Path project that will be constructed from Research Drive to Honey Creek Parkway.
The Landowners grant to CITY and its agents, employees, staff, contractors, subcontractors and licensees (collectively, "CITY Users"), a perpetual, non-exclusive easement and right-of-way (the "PLE") over a portion of their property to construct, reconstruct, operate, maintain, repair, replace and/or remove a recreational trail for the Permitted Recreational Uses.
The City of Wauwatosa will pay the entire cost of constructing the facilities and will bear the cost of operation, maintenance, and future changes to the facilities.
Landowner shall remove snow and ice from the Recreational Trail at its sole cost and expense, in accordance with CITY Ordinance O-22-8.
C. Strategic Plan (Area of Focus)
Priority 2: Public Safety, Goal 2 - Proactively address pedestrian, bicycle and vehicular safety.
Priority 3: Infrastructure, Goal 2 - Ensure the City’s infrastructure supports public health through multi-modal transportation and recreation opportunities.
D. Fiscal Impact
Project costs are included in the adopted 2026-2030 Capital Improvement Program
E. Recommendation
Authorize Staff to enter into an AGREEMENT with Landowners for recreational use of certain land located in the City of Wauwatosa and City of Milwaukee, Wisconsin, CIP Project #2309, Wisconsin Avenue Multi-Use Path
recommendation
Recommendation: Council