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CONSIDERATION OF CONSENT TO ENCROACHMENT NO. EN-1213-6 FOR BLOCKS F AND H, LAS COLINAS ADDITION, SECTION 1, NORMAN, CLEVELAND COUNTY, OKLAHOMA (ENTRY ON BOTH SIDES OF LAS COLINAS LANE OFF OF 48TH AVENUE N.W.)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Westpoint Homes d/b/a Sunset Hills, L.L.C., requesting a Consent to Encroach into a 15 foot utility/drainage easement containing an 8" sanitary sewer line at the above-described property.
DISCUSSION: The application for Consent to Encroach concerns the encroachment of an entry structure and signage in the Las Colinas Addition at each corner of the intersection of 48th Avenue, NW and Los Colinas Lane. The design of the fence will be a combination of wrought iron with decorative columns as well as architectural features displaying the initials of the addition. The proposed encroachment would require an excavation to install a footing and would be located about 5' from the existing sewer line.
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 this easement.
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 utility/drainage easement, the City is not liable and will not be responsible for damage to the property owners' property in the event any 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.