Broken Arrow City Council
Meeting of: 08-4-2015
To: Mayor and City Council Members
From: Development Services Department
Title:
title
Approval of and authorization to execute an Encroachment Agreement and Release of Liability from Ricky and Krystal Hanks for a portion of a roofed terrace into a utility easement located on Lot 17, Block 1, Southern Trails Estates, approximately one-third mile west of Olive Avenue and south of New Orleans Street on (S29 T18N R14E)
End
Background:
The owners of the property, Ricky and Krystal Hanks are requesting approval of an Encroachment Agreement and Release of Liability for a (7 foot by 20 foot) roofed terrace with outdoor fireplace in the back yard of their property. The Hanks received a Notice to Abate a Nuisance (November 2, 2014, Case #14-10020908) from the City concerning the location of the terrace. Consequently, the Hanks learned the contractor failed to obtain the necessary permits and approval from the city prior to construction. It was determined through a survey, 7.10 feet of the terrace encroaches into the 11 foot public utility easement along the north boundary of the lot.
Staff and utility companies have reviewed all documents and attachments pertaining to this request and recommend approval of the Encroachment Agreement and Release of Liability.
Cost: None
Prepared By: Michael, W. Skates, P.E., CFM, Development Services Director
Reviewed By: Development Services Department
Engineering and Construction
Utility Department
Legal Department
Assistant City Manager
Approved By: Russell M. Gale, Acting City Manager
Attachments: Application for Encroachment
Exhibit 1-Case Narrative for Encroachment Agreement Application
Exhibit 2-Encroachment Agreement and Release of Liability-4 pages
Exhibit A-Encroachment Agreement-map and legal descriptions
Utility Sign Off-4 pages
Photo’s
Plat of Southern Trails Estates
Recommendation: Approve the Encroachment Agreement and Release of Liability and authorize its execution.