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CONSENT TO ENCROACHMENT EN-1819-2: FOR LOT 22, BLOCK 3, SUMMIT LAKES ADDITION, SECTION 7, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (621 SUMMIT CREST LANE)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Holly and Robert Hagen requesting consent to encroach into a City of Norman utility easement at the above-described property.
DISCUSSION: The application for consent to encroach concerns the encroachment upon a City of Norman utility easement for installation of a retaining wall. The three (3’) foot retaining wall will run approximately ninety (90’) feet along the southeast to the northeast portion of the property line with the entire length of the wall encroaching upon the existing utility easement.
Planning, Public Works and Utilities Staff have reviewed the application and contacted the appropriate utilities. There is no objection to the application. Legal Staff has reviewed the application, department memos, responses from utilities, and the “hold harmless” clause. Therefore, from a legal perspective, it protects the City’s concerns with respect to damage to any property owner’s property, should the City or other authorized entity be required to perform work within the utility easements.
The benefit to having a consent to encroachment on file is that it is evidence of the property owner’s 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 owner’s property in the event such maintenance has to be performed within the easements.
RECOMMENDATION: Based upon the above and foregoing, the City Attorney’s office is forwarding the above Consent to Encroachment for Council consideration.