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CONSENT TO ENCROACH EN-1920-4: FOR LOT 10, BLOCK 5, SUTTON PLACE #2 ADDITION, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA A/K/A 208 WILDERNESS DRIVE.
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Brent Bartel, owner of 208 Wilderness Drive, requesting a Consent to Encroach into utility easements at the above-described property.
DISCUSSION: The application for the Consent to Encroachment concerns the encroachment upon two (2) City of Norman and Norman Utilities Authority (NUA) five foot (5') utility easements for the installation of sidewalks. The owner is requesting that the sidewalks be allowed to encroach upon the existing utility easements located on the east and west lot lines along each side of the home. At the present time, the City has no utilities in these easements.
The applicant has obtained a response from Cox Communications, Oklahoma Natural Gas and Oklahoma Gas & Electric, who 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. Oklahoma Electric Cooperative does not object and no response was received from AT&T Oklahoma.
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"), are required to apply for and receive a paving permit prior to commencing work.
2. 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...
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