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AMENDED CONSENT TO ENCROACH EN-1920-5: FOR LOT 11, BLOCK 1, BROOKHAVEN NO. 25 ADDITION, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (3701 HIDDEN HILL ROAD)
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BACKGROUND: An amended encroachment request has been filed in the office of the City Clerk by Carl R. Hendrix, a Trustee of 3701 Hidden Hill Road, requesting an Amended Consent to Encroach into a utility easement at the above-described property.
DISCUSSION: The application for the Amended Consent to Encroachment concerns the encroachment upon a City of Norman and Norman Utilities Authority (NUA) twenty-two foot (22') utility easement for the installation of a driveway. The owner originally requested that a new addition to the home be allowed to encroach upon the existing utility easement located at the west side of the lot and consent to encroach was authorized by City Council on May 26, 2020. The owner now submits a request to amend the application to include the installation of a driveway that will connect to the new addition. At the present time, the City has no utilities in this easement.
The applicant has obtained a response from AT&T Oklahoma and Oklahoma Natural Gas, who have indicated that they have facilities located in the easements, however they are not opposed to the encroachment so long as the owner abides by the certain requirements as indicated in #6 below. Cox Communications, Oklahoma Gas & Electric, Oklahoma Electric Cooperative and CenturyLink do not object.
Staff has reviewed the application and the "hold harmless" clauses. From a legal perspective, it protects the City's and the NUA'S concerns with respect to damage to the property owners' property should the City and the NUA or other authorized entity be required to perform work within its easement. There are some conditions applied to this Amended Consent to Encroachment as listed below:
1. The property owner(s), and property owners' heirs, successors, or assigns (hereafter collectively the "Owner Parties"), will...
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