Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way Encroachment topic
No spam. Unsubscribe anytime.
Council approves right-of-way encroachment agreement for older home that encroaches on road ROW
Summary
Resolution 4633-25 authorizes a right-of-way agreement allowing a house and fence that encroach into the public right-of-way to remain, subject to conditions including liability insurance and limits on future enlargement.
The City of Oviedo on Aug. 18 adopted Resolution 4633-25, authorizing a right-of-way agreement with a private property owner whose house and fence encroach into the public right-of-way.
City staff displayed an exhibit showing the property and the red line marking the right-of-way; staff said the house, built in the 1950s and expanded in 1975, encroaches into the ROW but is set back from the pavement and does not impact the roadway surface. The fence runs near the property edge but is not adjacent to the pavement.
Under the agreement the building and fence may remain in their current locations but may not be enlarged. The property owner is required to carry general liability insurance (one million dollars) naming the city as an additional insured. The agreement reserves the city's right to use the right-of-way in the future; staff said moving the house would not be feasible.
After staff presentation and brief council discussion, the council adopted Resolution 4633-25 by roll call. Staff said the encroachment likely resulted from historical development predating the city's land development code (adopted 1989) and that the agreement allows a pragmatic accommodation rather than requiring costly relocation.
The adopted agreement is conditioned on maintenance limits, the insurance requirement and the city retaining the right to remove the encroachment should future public use of the right-of-way require it.
