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CONSIDERATION OF ORDINANCE O-1819-19 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE CITY OF NORMAN, OKLAHOMA, CLOSING A PORTION OF A PLATTED TEN FOOT (10’) UTILITY EASEMENT LOCATED IN RENAISSANCE ADDITION, TO NORMAN, CLEVELAND, COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: The plat for Renaissance Addition was filed of record on January 30, 1998 in Book 17, Page 180. This is a request to close a small portion of the platted utility easement generally located within Lot 1, Block 1, Renaissance Addition, generally located east of Classen Boulevard between Ann Branden Boulevard and Renaissance Drive. Apparently during the construction of the apartment complex a portion of an apartment building was inadvertently built within the utility easement. As a result of closer scrutiny by the title companies, a cloud has been raised on the title of the property.
Although the encroachment could make it more difficult for the City and utility companies to maintain their utilities within the easement, the building is existing and it would not be economically feasible to remove the structure.
DISCUSSION: The applicant has worked with the utility companies that contain utilities within the easement. There is sufficient space for maintenance of existing utilities. There are no plans for future utilities since this project has been in existence since 1998. The legal description provided covers only the encroachment of the structure. At the furthest point within the easement the structure is at 3.6’, tapering in both directions to no encroachment. Planning Commission, at its meeting of November 8, 2018, recommended adoption.
RECOMMENDATION: Staff recommends approval of this request to close a portion of the 10’ utility easement within Lot 1, Block 1, Renaissance Addition, that interferes with an existing structure.