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CONSENT TO ENCROACH EN-2021-2: FOR LOT 8, BLOCK 3, BROOKHAVEN ADDITION, SECTION 17, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (1832 CEDAR HILL ROAD)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by property owner, Patrick K. Smith, requesting a Consent to Encroach into a utility easement at the above-described property.
DISCUSSION: The application for the Consent to Encroachment concerns the encroachment upon a City of Norman and Norman Utilities Authority (NUA) ten foot (10') utility easement for an existing gazebo and swimming pool deck. The owner is requesting that the existing gazebo and swimming pool deck be allowed to encroach upon the existing utility easement located on the west side of the lot. At the present time, the City and the NUA do not have a utility in this easement.
The applicant has obtained a response from Cox Communications, Oklahoma Gas & Electric, and Oklahoma Natural Gas, which have indicated that they have facilities located in the easements, however they are not opposed to the encroachment so long as the owner abides by the certain requirements as indicated in #6 below. AT&T made no objection to the encroachment request. The area is not served by Oklahoma Electric Cooperative.
Staff has reviewed the application and the "hold harmless" clauses. From a legal perspective, it protects the City's and the NUA'S concerns with respect to damage to the property owner's property should the City and the NUA or other authorized entity be required to perform work within its easement. There are some conditions applied to this Consent to Encroachment as listed below:
1. The property owner(s), and property owners' heirs, successors, or assigns (hereafter collectively the "Owner Parties") will be responsible for the cost to repair any damages to the City's and the NUA's utilities caused by any excavation, piering or other construction activities conducted by the Owner Parties or their age...
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