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CONSENT TO ENCROACHMENT 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 encroachment request has been filed in the office of the City Clerk by Carl R. Hendrix, a Trustee of 3701 Hidden Hill Road, requesting a Consent to Encroach into utility easements at the above-described property.
DISCUSSION: The application for the Consent to Encroachment concerns the encroachment upon a City of Norman and Norman Utilities Authority (NUA) twenty-two foot (22') utility easements for the construction of an addition to the existing residence. The owner is requesting that the addition be allowed to encroach upon the existing utility easement located on the west lot line of the home. At the present time, the City has no utilities in this easement.
The applicant has obtained a response from Oklahoma Natural Gas and AT&T Oklahoma, 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 (which has no known facilities) and Century Link 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), and property owners' heirs, successors, or assigns (hereafter collectively the "Owner Parties"), are required to apply for and receive a paving permit prior to commencing work.
2. The Owner Parties will be responsible for the cost to repair any damages to the City's and the NUA's utilities caused by a...
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