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CONSENT TO ENCROACHMENT EN-1819-4: FOR LOT 8, BLOCK 4, SHADOWRIDGE ADDITION, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (3804 SHADOWRIDGE DRIVE)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Michael Dow, owner of 3804 Shadowridge Drive, requesting a Consent to Encroach into a utility easement at the above-described property.
DISCUSSION: The application for the Consent to Encroach concerns encroachment upon a City of Norman and Norman Utilities Authority (NUA) twenty foot (20') utility easement for a pool and raised concrete patio to be built on the site. The owner is requesting that pool and raised concrete patio be allowed to encroach upon the existing utility easement located along the rear portion of the lot line. At the present time, the City and the NUA have an abandoned 30-inch sewer main in this easement.
The applicant has obtained a response from Oklahoma Natural Gas (ONG) and Cox Communications, Inc., who are not opposed to the encroachment of the pool and raised concrete patio, so long as the property owner(s) notifies them should their respective utility need to be relocated to accommodate excavation or construction. The applicant is responsible to notify all potential utility owners, and no other utilities have been identified within the easement.
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) be responsible for the cost to repair any damages to the City's and NUA's utilities caused by any excavation, piering or other construction activities conducted by the property owner(s) or their agents; and
2. The property owner(s) will be r...
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