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CONSIDERATION OF CONSENT TO ENCROACHMENT NO. EN-1314-7 FOR LOT 7, BLOCK 1, BROOKHAVEN ON MAIN #2, CLEVELAND COUNTY, CITY OF NORMAN, OKLAHOMA. (245 OLDE BROOK COURT)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Greg McDougall of Pleasant Pools on behalf of Roxanne Avery, homeowner, requesting a Consent to Encroach into a utility easement for a swimming pool.
DISCUSSION: The application for the Consent to Encroach concerns the encroachment upon a City of Norman 17' utility easement for a 10' x 10' swimming pool in the 17' utility easement. The swimming pool, in its entirety, is located in the 17' easement. Further, a manhole is located in this easement but is located an acceptable distance from the swimming pool.
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.
The benefit to having a consent to encroach 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 property owners' property in the event maintenance has to be performed 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.