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CONSENT TO ENCROACHMENT EN-1516-6 FOR LOT 2, BLOCK 1, SHERWOOD SOUTH 2 ADDITION REPLAT, CLEVELAND COUNTY, CITY OF NORMAN, OKLAHOMA. (750 IMHOFF ROAD).
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Randy C. Elliott, owner of 750 Imhoff, LLC dba theVUE, requesting a Consent to Encroachment into various utility and drainage easements at the above-described property.
DISCUSSION: The application for the Consent to Encroachment concerns the encroachment upon a City of Norman fifteen foot (15’) utility easement of a portion of pool equipment, pool deck and concrete paving at 750 Imhoff Road. The City maintains a six inch (6”) water main and an eight inch (8”) sewer main within the utility 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.
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.