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CONSENT TO ENCROACH EN-2021-7: FOR LOT 17, BLOCK 20, ORIGINAL TOWNSITE, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (320 NORTH PORTER AVENUE)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by property owner, Jerry's L.L.C., requesting a Consent to Encroach into public right-of-way the above-described property.
DISCUSSION: The application for the Consent to Encroach concerns the encroachment upon a City of Norman right-of-way easement for an existing sign. This item is a companion to six easements also presented to City Council on this agenda. Among these easements is the grant of permanent right-of-way for the construction of the Porter Avenue and Acres Street Intersection 2019 Bond Project ("Project").
Upon acquisition of the easement, the existing sign will overhang the private right-of-way, as well as the sidewalk that will eventually be constructed as a part of the Project as a whole. The owner has submitted this request as a part of the underlying agreement the owner and the City of Norman have reached regarding acquisition of the necessary right-of-way from the owner's parcels in order to complete the Project as designed.
No City or other utilities are located within this right-of-way. The City does not object to the proposed encroachment on the basis that a Consent Agreement and Covenant is executed, much in the same form as others involving utility easements, by the owner which provides the City certain protections regarding the encroachment.
Staff has reviewed the application and the "hold harmless" clauses. From a legal perspective, it protects the City's concerns with respect to damage potentially resulting from the encroachment while furthering the underlying agreement reached with the owner of the property concerning a unique condition created by the underlying City street project.
There are some conditions applied to this Consent to Encroachment as listed below:
1. The property o...
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