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CONSENT TO ENCROACH EN-1920-1: FOR LOT 3, BLOCK 22, BROOKHAVEN 17 ADDITION, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA, A/K/A 4412 WINDING RIDGE CIRCLE.
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Steven and Taylor McDaniel, owners of 4412 Winding Ridge Circle, requesting a Consent to Encroach into a utility easement at the above-described property.
DISCUSSION: The application for the Consent to Encroachment concerns encroachment upon a City of Norman and Norman Utilities Authority (NUA) ten foot (10') utility easement for a pool/spa and landscaping to be built on the site. The owners are requesting that the pool/spa and landscaping be allowed to encroach upon the existing utility easement located along the south lot line. At the present time, the City and the NUA have an eight-inch (8") vitrified clay sanitary sewer line utility in this easement.
The applicant has obtained a response from Oklahoma Natural Gas and Cox Communications, Inc., who are not opposed to the encroachment of the pool/spa and landscaping so long as they are notified should their respective facility need to be relocated to accommodate excavation or construction. Oklahoma Gas & Electric, Oklahoma Electric Cooperative and AT&T Oklahoma were also notified and 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 owner's 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 Consent to Encroachment as listed below:
1. The property owner(s) will be responsible for the cost to repair any damages to the City's and the NUA's utilities caused by any excavation, piering or other construction activities conducted by the property owner(s) or their agents.
2. There is an existing eight (8") inch vitrifi...
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