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CONSIDERATION OF CONSENT TO ENCROACHMENT NO. EN-1314-3 FOR LOT 9A, BLOCK 1, BROOKHAVEN NO. 37 ADDITION, NORMAN, CLEVELAND COUNTY, OKLAHOMA (601 MANOR HILL DRIVE)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Rick Byrd of Byrd Building on behalf of Neeraj and Manju Khanna, property owners, requesting a Consent to Encroach into a utility easement and a drainage easement at the above-described property.
DISCUSSION: The application for the Consent to Encroach concerns the encroachment upon the City of Norman easements for a portion of driveway in a 25-foot Utility/Drainage Easement at the above address. The driveway will be inspected and not allowed to block any possible storm water overflow.
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 its easements.
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 easement, the City is not liable and will not be responsible for damage to the property owners' 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 Encroach for Council consideration.