File #: EN-2021-10    Version: 1 Name: Consent to Encroach 4405 Cannon Drive
Type: Encroachment Status: Passed
File created: 4/27/2021 In control: City Council
On agenda: 5/25/2021 Final action: 5/25/2021
Title: CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONSENT TO ENCROACH EN-2021-10: FOR LOT 15-C, BLOCK 1, CARRINGTON ADDITION, SECTION 6, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (4405 CANNON DRIVE)
Attachments: 1. City Council Staff Report, 2. Consent Agreement and Covenant, 3. City Clerk Memo, 4. Request to Encroach, 5. Plot Plan, 6. Memo from Planning, 7. Memo from Utilities, 8. Memo from PW
Title
CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONSENT TO ENCROACH EN-2021-10: FOR LOT 15-C, BLOCK 1, CARRINGTON ADDITION, SECTION 6, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA. (4405 CANNON DRIVE)

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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by property owners, Jake and Taylor Aldridge, requesting a Consent to Encroach into a utility easement at the above-described property.

DISCUSSION: The application for the Consent to Encroachment concerns the encroachment upon a City of Norman and Norman Utilities Authority (NUA) utility easement for the installation of a swimming pool. The owner is requesting that the swimming pool be allowed to encroach upon the existing utility easement located across the north side of the property.

A platted 15-foot utility easement exists along the north property line and will be encroached upon for the installation of a swimming pool. This structure will encroach the easement by approximately 5-feet.

The applicants have obtained a response from Cox Communications who indicated that they have facilities located in the easement however they are not opposed to the encroachment so long as the owner abides by the certain requirements as indicated in #6 below. Oklahoma Gas & Electric and Oklahoma Natural Gas indicated they have no facilities located in the easement and are not opposed to the encroachment. Oklahoma Electric Cooperative did not indicate that it had existing facilities in the easement and they are not opposed to the encroachment. AT&T was provided with sufficient notice of the encroachment request but did not provide a response.

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 owners' property should the City and the NUA or other authorized entity be required to perform work within its easement. There are s...

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