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CONSIDERATION OF CONSENT TO ENCROACHMENT EN-1415-3 FOR LOT 17, BLOCK 1, CASCADE ESTATES ADDITION, SECTION 1. (3801 TAYPORT STREET)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Nick Merkley requesting Consent to Encroach into a 10' utility easement which contains an 8" sewer main at the above-described property.
DISCUSSION: The application for the Consent to Encroach concerns the encroachment upon a City of Norman 10' utility easement of a playhouse at 3801 Tayport Street. The playhouse is on skids and can be moved easily should work in the easement be necessary.
Staff has reviewed the application and the "hold harmless" clauses. 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 easement.
The benefit to having the 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.