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CONSENT TO ENCROACHMENT EN-1819-5: FOR LOT 6, BLOCK 1, CAMBRIDGE NO. III ADDITION, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (5220 MONTROSE CIRCLE)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Marion F. Hutchison II, Trustee of Marion F. and Anne L. Hutchison Revocable Trust, owner of 5220 Montrose Circle, requesting a Consent to Encroach into a utility easement at the above-described property.
DISCUSSION: The application for the Consent to Encroachment concerns encroachment upon a City of Norman and Norman Utilities Authority (NUA) twenty foot (20') utility easement for a covered porch/patio to be built on the site. The owner is requesting that the covered porch/patio be allowed to encroach upon the existing utility easement located along the west lot line. At the present time, the NUA has an eight-inch (8") PVC public sewer line utility in this easement.
The applicant has obtained a response from Oklahoma Gas & Electric and Oklahoma Natural Gas, who are not opposed to the encroachment of the covered porch/patio so long as they are notified should their respective facility need to be relocated to accommodate excavation or construction. Also, AT&T Oklahoma has cautioned that it does not object to the encroachment so long as it does not interfere with access to its pedestal.
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) will be responsible for the cost to repair any damages to the City's and the NUA's utilities caused by any excavation, piering or other construction activities conducted by the property owner(s) or their agents.
2. The prope...
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