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CONSENT TO ENCROACH EN-2021-5: FOR LOT 20, BLOCK 5, HALLBROOKE ADDITION, SECTION 6, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (1959 BURNING TREE)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by property owners, Joseph and Holly McCarty, 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) utility easement for the expansion of a concrete driveway. The owner is requesting that the expansion of the concrete driveway be allowed to encroach upon the existing utility easement located on the west side of the property.
A platted 7.5-foot easement exists along the west property line and will be encroached upon for the proposed expansion of the concrete driveway. An 8-inch PVC sanitary sewer line is located within this easement running north/south at an average depth of 11 feet. A portion of the proposed driveway will lie directly above this sewer line.
Utility companies were not notified since this encroachment is located within a City-owned sanitary sewer easement.
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 agents;
2. The Owner Parties will be required to apply for and recei...
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