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Resolution approving fence encroachment by Amy Schmidt of Superior Fence and Rail of Milwaukee at 11605 Garfield Avenue
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WHEREAS, an application has been made to the City of Wauwatosa by Amy Schmidt of Superior Fence and Rail of Milwaukee on behalf of the property owner, Jessica Darczuk, 11605 Garfield Avenue, Wauwatosa, Wisconsin, to encroach upon City property for installation of a four-foot-high cedar/wood privacy fence with cap and trim within the City right-of-way at 11605 Garfield Avenue; and
WHEREAS, the proposed fence is to be located approximately eight feet within the City right-of-way; and
WHEREAS, there are no existing public utilities within the proposed encroachment area, and if a public sidewalk is installed in the future, the owner shall be responsible for moving the fence at the owner’s expense; and
WHEREAS, a City street tree is located near the proposed encroachment, and the owner shall be responsible for cleanup of tree debris falling within the enclosed fence area as a result of City tree trimming; and
WHEREAS, the Common Council of the City of Wauwatosa is willing to grant 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:
Applicant shall execute a hold harmless/encroachment agreement (Indenture) in favor of the City, including language providing that the owner shall be responsible for cleanup of tree debris falling within the enclosed fence area as a result of City street tree trimming.
By: Board of Public Works
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Recommendation: Approve 5-0