Title
CONSENT TO ENCROACHMENT NO. EN-1314-5: FOR LOT 15, BLOCK 2, HIGHLAND VILLAGE ADDITION, SECTION 4, NORMAN, CLEVELAND COUNTY, OKLAHOMA (A/K/A 300 GREENS PARKWAY)
Body
BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Craig Wood, property owner, requesting a Consent to Encroach into a utility easement at the above-described property.
DISCUSSION: The application for the Consent to Encroach concerns the encroachment of a portion of an existing driveway upon a fifteen foot (15') City of Norman utility easement at the above address.
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.