Title
CONSENT TO ENCROACHMENT EN-1617-1: FOR LOT 14, BLOCK 2, SECTION 2 OF LAS COLINAS ADDITION, CLEVELAND COUNTY, CITY OF NORMAN, OKLAHOMA. (4200 LAS COLINAS LANE.
Body
BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Glenn A. Foster, Jr., on behalf of J. Taylor Hines and Meika Alison Yates Hines, Co-Trustees of The Hines Family Revocable Trust, the owners of 4200 Las Colinas Lane, who are requesting a Consent to Encroachment into a utility easement at the above-described property.
DISCUSSION: The application for the Consent to Encroachment concerns the encroachment of a swimming pool upon a City of Norman fifteen foot (15') utility easement at 4200 Las Colinas Lane. The City maintains a utility easement along the rear (south) lot line on the subject property. The City does not currently have any water or sewer mains within this easement.
Staff has reviewed the application and the "hold harmless" clauses. 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 easement. There are some conditions applied to this Consent to Encroachment as listed below:
* Construction plans for the relocation of the retaining wall from a professional engineer must be submitted to the Public Works Department/Engineering Division for approval prior to the approval of a swimming pool permit.
* The retaining wall must be relocated and constructed prior to the approval of a swimming pool permit.
* The Oklahoma Electric Cooperative electric line must be relocated prior to the approval of a swimming pool permit.
The benefit to having the consent to encroachment on file is that it is evidence of the property owners' understanding that, while the City is allowing them to encroach upon the easement, the City is not liable and will not be responsible for damage to the owner's property in the event ...
Click here for full text