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CONSIDERATION OF CONSENT TO ENCROACHMENT NO. EN-1314-1 FOR LOT 18, BLOCK 2, SMOKING OAKS SOUTH ADDITION, CLEVELAND COUNTY, OKLAHOMA. (2903 RAINTREE CIRCLE)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Mark Krittenbrink of Krittenbrink Architecture LLC on behalf of Jaci Williams, property owner, requesting a Consent to Encroach into a utility easement and a drainage easement at the above-described property.
DISCUSSION: The application for the Consent to Encroach concerns the encroachment upon the City of Norman easements a deck and pool on the south side of the residence and an additional deck on the east and west side of the residence 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 Consent specifically includes in the hold harmless clause that the property owner is responsible for any costs to repair the decks and/or pool due to maintenance or repair of the 24" corrugated galvanized metal storm sewer pipe located in the 7.5' drainage easement on the western side of the lot.
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.
RECOMMENDATION: Based upon the above and foregoing, the City Attorney's office is forwarding the above Consent to Encroach for Council consideration.