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Resolution approving an encroachment for a retaining wall within the public right-of-way at 2168 N. 63rd Street
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WHEREAS, an application has been made to the City of Wauwatosa by Joel Kraft, 2168 N. 63rd Street, Wauwatosa, Wisconsin, to encroach upon City property within the public right-of-way for installation of a decorative retaining wall adjacent to the existing sidewalk at 2168 N. 63rd Street; and
WHEREAS, the proposed retaining wall may affect future sidewalk replacement work and the sidewalk adjacent to the proposed encroachment must be evaluated by City staff for tripping hazards; and
WHEREAS, the Common Council of the City of Wauwatosa has granted to said Applicant a privilege for the aforesaid encroachment subject to the execution of an Indenture to the City of Wauwatosa.
NOW, THEREFORE, BE IT RESOLVED THAT in consideration of the granting of said privilege by the Common Council of the City of Wauwatosa to said Applicant and the Applicant's acceptance of said privilege, the Applicant does hereby covenant unto the City of Wauwatosa as follows:
1. Staff shall evaluate the public sidewalk adjacent to the proposed retaining wall encroachment, and if any sidewalk section meets Engineering tripping hazard criteria, replacement of that sidewalk section shall be included in the Street Occupancy - Paving permit and completed prior to retaining wall installation.
2. Applicant shall execute a hold harmless/encroachment agreement (Indenture) in favor of the City.
By: Board of Public Works
recommendation
Recommendation: Approve 5-0