Title
CONSENT TO ENCROACHMENT EN-1516-7: FOR LOT 20, BLOCK 3, SUMMIT LAKES ADDITION, SECTION 7, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (628 SUMMIT CREST LANE.
Body
BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Ryan and Lisa Braden, owners of 628 Summit Crest Lane, 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 block retaining wall (not to exceed 24 inches tall) and a six (6) foot wood fence upon a City of Norman ten foot (10’) utility easement at 628 Summit Crest Lane. The City maintains two (2) utility easements on the subject lot. There is a ten (10) foot utility easement along the northeast property line and another ten (10) foot utility easement along the rear (south) property line. The property owners want to install their retaining wall and fence in the utility easement along the northeast property line. While the City does not currently have any water or sewer mains within this easement, an eight (8) inch sewer line lies in the easement along the south property line.
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.
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 property owner’s property in the event maintenance has to be performed within the easement.
RECOMMENDATION: Based upon the above and foregoing, the City Attorney’s office is forwarding the above Consent to Encroachment for Council consideration.