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CONSIDERATION OF CONSENT TO ENCROACHMENT NO. EN-1213-4 FOR LOT 5, BLOCK 2, NORTHRIDGE CAMBRIDGE ADDITION, SECTION 8, CLEVELAND COUNTY, CITY OF NORMAN, OKLAHOMA. (4917 CYPRESS LAKE DRIVE)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Joe Wishnuck requesting a Consent to Encroach into a City of Norman 10' utility easement at the above-described property.
DISCUSSION: The property owner requests a Consent to Encroach for a storage building, pool pump, and heating equipment.
Staff has reviewed the application and the "hold harmless" clause. From a legal perspective, it protects the City's concerns with respect to damage to the property owner's property should the City or other authorized entity be required to perform work within its easements. It is also evidence of the property owner's understanding that the City of Norman, as well as other utility companies, have no liability for any such damage.
When a property owner applies for a Consent to Encroach, the City Clerk's Office forwards the request to public works, utilities, and planning departments for comment. When the Utilities Department initially received the subject consent to encroach, they objected to it as there is an 8" sanitary sewer line located in the easement. The plumbing that is attached to the pool house is directly over the sewer line and immediately adjacent to a manhole. However, after an onsite meeting, the Utilities Department has agreed with the property owner that the pool equipment and plumbing will be relocated so that there is minimal encroachment into the easement. There will be a permanent gate installed to allow access to the manhole cover. The owner assumes all cost associated with removal and repairs associated with removal of any fence, curb, landscaping, paving, pool equipment, building or any other structure needed to facilitate maintenance and repair of utilities. Further, the property owner will not hold the City liable for any claims for damages caused by the City for repairs to the utilities within the easement.
STAFF RECOMMENDATION: Based upon the above and foregoing, the City Attorney's office is forwarding the above Consent to Encroach for Council consideration.