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1111_Nunc Pro Tunc_Easement Closure_9804 E 84th St N
nGSV Tulsa County Clerk - Michael Willis Doc N 2017108293 Page(s): 2 11/20/2017 08:32:54 AM Receipt # 17 -64837 Fee: $ 15.00 KGAN�M Nunc Pro Tunc CITY OF OWASSO, OKLAHOMA ORDINANCE 1111 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED AT 9804 E 841h ST N, OWASSO, OKLAHOMA, AND ACCORDING TO THE RECORDED PLAT NO. 5191 WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility easement attached as Exhibit "A "; and, WHEREAS, the City of Owasso retains the absolute right to reopen the same without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ,11It1 V 11V,T. SECTION 1. A TRACT OF LAND THAT IS PART OF LOT EIGHT (8), BLOCK THREE (3), THE SUMMIT AT SOUTHERN LINKS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5191. THE SUBJECT PROPERTY ADDRESS IS 9804 E 84TH ST N OWASSO, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE 11.0 FOOT UTILITY EASEMENT ALONG THE SOUTHERLY LINE OF LOT 8 IN BLOCK 3 OF THE SUMMIT AT SOUTHERN LINKS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5191, SAID PART BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE S 66 °44'50" E, ALONG THE SOUTHERLY LINE THEREOF, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; CONTINUING S 66 044'50" E A DISTANCE OF 91.00 FEET; THENCE N 23 015'10" E A DISTANCE OF 11.00 FEET; N 66 044'50" W A DISTANCE OF 91.00 FEET; THENCE S 23 015'0" W A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. The same is hereby closed for public use as a utility easement. SECTION 2. All ardinanc?5 or ports of nrrlinnn<;a5 in - Canflir+ %-vi+h t!'jjc arriinnn. o are hereby expressly repealed. SECTION 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent o f f he conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION b. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. APPROVED by the City Council of the City of Owasso, Okla a on the 17 ^ pllb of October, 2017. Ed Y ��, rrWo A Sherry Bish 15, City Clerk / APPROVED as to form and legality: L(T3Y J ie Lombardi, City Attorney 3- P� OFFICIAL SEAL - AHOI'1I' Page 2 of 2 Ordinance 1111 Tulsa County Clerk - Michael Willis Doc N 2017081503 Page(s): 1 09/01/2017 03:09:46 PM Receipt 7 -49426 Fe �KGAH�MP PAYNE SURVEYING SERVICE, P.C. 1218 W. Will Rogers Blvd. Claremore, OK 74017 Phone (918)341 -0617 Fax(918)341-4973 e- mail:paynesurveying @hotmail.com August 18, 2017 For: Adam Anderson LEGAL DESCRIPTION SUBJECT PROPERTY Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, on addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded Plot No. 5191. PROPOSED NEW UTILITY EASEMENT A Utility Easement over and across u port of Government Lot 2 in Section 30, Township 21 North, Range 14 East of the I. B. & M., Tulsa County, Oklahoma, said Easement being further described as follows: Commencing at the Southeast corner of Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, an addition to the City of Owasso, U\ Tulsa County, Oklahoma, according to the recorded Plat No. 5191; thence N 66 °44'50" W. along the Southerly line of said Lot 8 in Block 3, a distance of 14.50 feet to the Point of Beginning; thence S 79 °46'30' W distance of 109.97 feet; thence -N 10 °13'30" W a distance of 72.73 feet to a point on the Southerly line of THE SUMMIT AT SOUTHERN LINKS; thence S 66 °44'50" E. along said Southerly line, a distance of 21.42 feet; thence S 27 °1510" W a distance of 12.45 feet; thence S 10 °13'30" E a distance of 39.52 feet; thence N 79 °46'30" distance of 34 feet to a point on the Southerly line of THE SUMMIT AT SO N LINKS along said Southerly line, a distance of 19. fe to the Poi B ginning. Signature N ✓ X ^�6 Date ! zo —�`— 2017 NotaryPUbllc J.M. /V 1v Pts UN State of Okiahoma @)Comm. Christina G Frey TULSA COUNTY COMMISSION #16009107 Exp. 09 -22 -2020 O C 3 Tulsa County Clerk - Michael Willis ®04 Doc q 2017081502 Page(s): 1 09/01J2017 03:09:46 PM �. Receipt a 17 -49426 oa n•° Fee: $ 13.00 kLpxoM PAYNE SURVEYING SERVICE, P.C. 1218 W. Will Rogers Blvd. Claremore, OK 74017 Phone (918)341 -0617 Fax (918)341 -4973 e- mail:paynesurveying @hotmail.com August 18, 2017 For: Adam Anderson LEGAL DESCRIPTION SUBJECT PROPERTY Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, on addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded Plot No. 5191 LEGAL DESCRIPTION PORTION OF EXISTING 11' UTILITY EASEMENT TO BE VACATED A part of the 11.0 foot Utility Easement along the Southerly line of Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, on addition to the City of Owasso, Tulsa County Oklahoma, according to the recorded Plot No. 5191, said part being further described as follows: Commencing at the Southwest corner of said Lot 8; thence S 66 °44'50" E, along the Southerly line thereof, a distance of 15.00 feet to the Point of Beginning; continuing S 66 044'50" _E a distance of 91.00 feet; thence _N 23 °15'10" E a distance of 11.00 feet; N 66 044'50" W distance of 91.00 feet; thence S 23 015'10" W a distance of l� 11.00 feet to the Point of Beginning. y `tom 83 Summitatsouthernlinks /ad a e son /vac/ted e/p�aldes cription /8/18/2017 Signature / !7 /\'�l „, t V// /i / Date SEP 0 1 2017 *St 4(iIi �tiC�Q %2� Christina G FI TU NA COUNT' �;.'.;;,�' COMMISSION 91 z2( +,gym Comm. ExP• DATE FILED May 13, 1997 T 21 N 1 SEC. 30 PLAT NO. 519: THE SUMMIT AT 5igz SOUTHERN LINKS NI7RFH AD hDDMtlN TO THE CITY OP OxA990. TU10F COMM MIX OP OKU110MA ti A RUHDMO1.8 OP A ➢ARP Of 4NE kl /2 DP 5eQN)N e0. TowH3xiv RI NOM MBOe N FAST OF THE I.H.M. DEVELOPERr ' TRAIL'S END BE'VELOPHNNT, INC. °=146 P.O. BOX B<7 SORV( M TOTAL ACRES = 16.30 �+INL OWA550, OK MSG PSYNR SURVEYING SERVICE TOTAL TATS 31 CONSULTING ENGINEERS PK 272 -7760 f216 A. WILL ROOM BLVD. CLNB/IORE, OELA. &1 -0017' 3 It faIa i i I� r ^ �� uu V Mfl O; x arS. i3w" 3(O1ex! L � avi3vsT 4C11K BAILEY RANCH GOLF COURSE w r �w rrt PAR 93111 SSREET MORN _ T• T , a ? S , 1 fn « :nA it S N IS Jib K •• 3'SPiT]f .' N ' ^:StBLOCK i prcrw•4 „mar. a 3 sl sT •v. VIM, isLOCK3 y L 1 py` L STq pT sSa lrr ilOFxO LA U N P LATTED urc • xrurr u3Ololr ®- slxr3r SN6II o . 3/t xx vxl THE PLAT BOOK— TULSA COUNTY — COPYRIGHT 1097 ROY MALERNEE, CITY MAP SERVICE, INC. , TULSA, OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. i i' i 1 6 i SSTI3' .1 i7 It F 1`1''M1tl3 OG A i � 3 3 IL 1 z PAR 93111 SSREET MORN _ T• T , a ? S , 1 fn « :nA it S N IS Jib K •• 3'SPiT]f .' N ' ^:StBLOCK i prcrw•4 „mar. a 3 sl sT •v. VIM, isLOCK3 y L 1 py` L STq pT sSa lrr ilOFxO LA U N P LATTED urc • xrurr u3Ololr ®- slxr3r SN6II o . 3/t xx vxl THE PLAT BOOK— TULSA COUNTY — COPYRIGHT 1097 ROY MALERNEE, CITY MAP SERVICE, INC. , TULSA, OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. i i' i 1 6 i PLAT OF SURVEY STATE OF OKLAHOMA NORTH PREPARED FOR TULSA COUNTY SCALE r'= zo• T ADAM ANDERSON 21 pass DE BDR:hY _ Scope. had. ph THE ORG REGED PUT 111 saWIR AT yKATT R t1XK5 N WITNESS my hand and seal this ___8th day of _ August _ 2017. o - hi o°an NET .11 ran THIS PRO RATE MAP LOCATED IN ZONE REVISES (UNSHADED) R R FLOOD THIS PROPERTY IS LOCATED IN ZONE X (UNSHADED) PER 62000 /� ll EXHIBIT "All i'� COMBINED LEGAL DESCRIPTION Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN INKS, on Addition to the City of Owasso. Tulsa County, Oklahoma, a Subdivision or a part of the W/2 Of Section 30. Township 21 North, Range 14 East of the 1. S. & M, AND A tract or land containing a part of Government Lot 2 in Section 30, Township 21 North, flange 14 East of the I. S. & M.. Tulsa County, Oklahoma, sold tract being further described as follows: Commencing t the Southeast corner of Lot 8 in Block 3 of THE SUMMIT AT SOUTHERN LINKS, an addition to the City of Owosso. Tulsa County, Oklahoma, according to the corded Plat No. 5191; thence N 66'44'50" W. along the Southerly line of said Lot 8 in Block 3, a distance of I4,50 feel to the Point of Beginning: thence 5 79'46'30' W a distance Of 109.97 feet: thence N 10"13'30" W a distance of 72.73 feet to a point on the Southerly line of THE SUMMIT AT SOUTHERN LINKS; thence S 66'44'50" E. along said Southerly line, e distance of 131.84 feet to the Point of Beginning, conlaing 0.09 acres more or .es. PROPOSED NEW UTILITY EASEMENT A U66y Easemenf o er and a bras A port a, (Rearmament Lot 2 in Section 30. Township 21 ttorth, Ronga l4 East of the L B. & M.. Tulsa County. Oklahoma, said Easement being further described he fell..,: Com acrem, sat the Southeast co r of Lot 8 in Block 3 of ME SUMMIT AT SOUTHERN LINKS, an addition to the City of Owasso, Tulsa County. Oklehme., according to the recorded Plot No. 5191; thence N 6644'50" Wn along the Souherly line O1 saitl Let 8 in Block 3, a distance of 14.50 feet to the Point of Beginning: thence S 79'4630" W a distance or 109.97 feet: thence N 10'13'30" W a distance of 7233 feel to a point an the Southerly line of THE SUMMIT AT SOUTHERN LINKS; thence 5 66'44'50" E, along sold Southerly line, a distance of 21.42 feet; thence 5 23'1510' W o distance of 1245 feet: thence S 10'13'30' E a distance of 39.52 feeC thence N 79'46'30" E a distance of 02.34 feet to a point on the Southerly line of THE SUMMIT AT SOUTHERN LINKS: thence 5 66'4450" E. along said Southerly line, a distance of 19.94 feet to the Point of Beginning. 9 3 I 4/ 60. PORTION OF EXISTING 1f' UTILITY EASEMENT TO BE VACATED A Part of the 11.0 loot Utility Easement along the Southerly line of Let 8 in Block 3 of THE SUMMIT AT S011i HERN LINKS as audit!.. to the sit of OwOSso Tulsa Coul Oklahoa according to the recorded Plot \ No. 5191, said part being further descnced as follows: Commencing ming at the Southwest corner of saitl Lot 8: thence S 66'44'50" E. along the Southerly line thereof, a distance of 15.00 feet to the Paint of Beginning: thence continuing 5 6644'50" E a distance of 91.00 feet; thence N 23'15'10" E a distance Of 11.00 feet; thence N 6644'50" YI o tlistand. of 91.00 feel; thence 5 2YIS'ID" W a distance of 11.00 feat to the Paint of Beginning. P a. "'C as _,• LOT 8 ORNE BLOCK 3 \ \ /� DIN // ELECTRIC BE as 2`� COX R:sER o.r Z'gy5. ^'Ia�11TgI50. P COV. CONC. FD 1 /iw � RT 12.45' �`0 NI 91 ss° 5 7315'In, w pRDPO5E0 ROS Z v m i 9, POOL AAC9TE0 ESMT, O'q "T ", WJL lia EW NNL u 9p ce, J o �•' 0.09 acres S 00'gq. mw 3998,82 sg R 80. $ m' NB ��.,/ ��—N T9•Sfi 1p EfUtRI"ESMT. PROPOSED g7, S 7 9 46 30 W AA 1/211 F NOTE: ALL IRON PINS WILL HAVE AN ORANGE PLASTIC CPO STAMPED " PAYNE LS 1282'. NOTE: FENCES ARE NOT DRAWN TO SCALE. CA 2368 (LS) EXPIRES 66173VII9 STGNATU Eft DATE 7 1, Randall R. Payne, the undersigned. a Professional Land Surveyor in the State Of Oklohamo do hereby certify that the abaw, described property has been surveyed undo, my stImMeon and that it moats or dy° �. ceeds nl the Oklahoma m surveying m standards for the prehice or land su as adopted by the Oklahoma Slate ,.and of Registration to Professional Engineers and Land Surveyors; that P true and correct to the best of my knowledge antl belief. WITNESS my hand and seal this ___8th day of _ August _ 2017. o - hi o°an NET .11 ran PAYNE SURVEYING SERVICE - oN RN 1218 W. WILL ROGERS BLVD. c rer e �,,c CLAREMORE, OKLA. R © _ a,e,E Rsab 341 -0617 THE SUMMIT AT \ SOUTHERN LINKS / 11 3 / ry 23'15'10' E y' $R m /\ COX a. All . M L \\ ® p<, y R P:SER / \ SOUTHEAST CDR. LOT 8 BLOCK 3 2 CA 2368 (LS) EXPIRES 66173VII9 STGNATU Eft DATE ' CERTIFICATION 1, Randall R. Payne, the undersigned. a Professional Land Surveyor in the State Of Oklohamo do hereby certify that the abaw, described property has been surveyed undo, my stImMeon and that it moats or ceeds nl the Oklahoma m surveying m standards for the prehice or land su as adopted by the Oklahoma Slate ,.and of Registration to Professional Engineers and Land Surveyors; that P true and correct to the best of my knowledge antl belief. WITNESS my hand and seal this ___8th day of _ August _ 2017. o - hi o°an NET .11 ran PAYNE SURVEYING SERVICE - oN RN 1218 W. WILL ROGERS BLVD. c rer e �,,c CLAREMORE, OKLA. R © _ a,e,E Rsab 341 -0617 CA 2368 (LS) EXPIRES 66173VII9 STGNATU Eft DATE Weekly Group CITY OF OWASSO /LEGALS Attn JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Owasso Reporter - Sand Springs Leader 5datooklaumal • Wagoner County American- Tribune Tulsa Business S Legal News OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date November 08, 2017 Date Category Description Ad Size Total Cost 1110812017 Legal Notices ORDINANCE 1111 2 x 92.00 CL 117.76 Published in the Owasso 424041 Reporter, Owasso, Tulsa Cwn- ty, Oklahoma; November 8, 2017. CITY OF OWASSO. OKLAHOMA ORDINANCE 1111 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED AT 9804 E 84th ST N, OWASSO, OKLAHOMA, AND ACCORDING TO THE RECORDED PLAT NO. 5191 WHEREAS, the City of Owasso, Oklahoma, has deemed It necessary and expedient to close to the public use a Portion of a certain utility easement attached as Exhibit •A•; and, WHEREAS, the City of Owasso retains the absolute right to reopen the same without expense to the munlci- pollty, and repealing all ordinances or parts of ordinan- ces in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1 A TRACT OF LAND THAT IS PART OF LOT EIGHT (8), BLOCK THREE (3), THE SUMMIT AT SOUTH- ERN LINKS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHO. MA, ACCORDING TO THE RECORDED PLAT NO. $191. THE SUBJECT PROPERTY ADDRESS IS 9804 E 84TH ST N OWASSO, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE 11.0 FOOT UTILITY EASEMENT ALONG THE SOUTHERLY LINE OF LOT a IN BLOCK 3 OF THE SUMMIT AT iMITHFRN I I uvc 44'50" E A DISTANCE OF 91 23° 15' 10° E A DISTANCE OI 50• W A DISTANCE OF 91.00 15' 0• W A DISTANCE OF POINT OF BEGINNING. The some Is hereby closed for public use as a utility easement. S TEC IO�t R._ or ordinances or parts of ordinances In conflict with this ordinance are hereby expressly recealed. SECTION 3 All finance are or ports of ordinances In conflict with this ordinance are hereby repealed to the extent of the can - tl(ct only. SECTION 4. If any port or parts of this ordinance are deemed uncon- stitutional, Invalid or ineffective, the remaining portion shall not be affected but shall remain In full force and ef. fect. SECTION S. The provisions of this ordinance shall become effective thirty (30) days from the date of final Passage as Provid- ed by state law. SECTION 4. There shall be filed In the office of the County Clerk A Tulsa County, Oklahoma, a true and correct copy of this Ordinance. APPROVED by the City Council of the City of Owasso, Oklahoma an Me 17th day of October, 2017. PASSED by the City Council of the City of Owasso, Okla- homa on the Inn day of October. 2017. Is/ Lyndell Dunn, Mayor ATTEST: ysi Sher" Bishop, City Clerk APPROVED as to form and legality: /St Julie Lombardi, City Attorney Proof of Publication I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of general circulation in Tulsa; Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 or Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published In the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW 11/08/2017 Newspaper reference: 0000424041 Legal LegalRepresenta6 e, Sworn to and subscribed before me this date: I Notary Public My Commission expires: /d "!/4 "jf/ l0 NOTARY PUBLIC•STATE OF OKLAHOMA conllf. NANCY CAROL MOORE t2•oa -2ota COMMISSION # 06011684 TULSA COUNTY �IIIdION e �6_5 �pp� The City Wit out Limits. O" TO: Honorable Mayor and City Council, OeyCO City of Owasso o �,% ANC 00 �� FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Ordinance 1111 Easement Closures - Anderson Family Trust DATE: October 13, 2017 BACKGROUND: The City of Owasso received a request from Adam Anderson (Anderson Family Trust) for the closing of a portion of a utility easement. The location of the easement lies on Lot 8, Block 3, located at 9804 E 84th St N in The Summit at Southern Links subdivision. The reason for the utility easement closure request is the desire of the applicant to build an in- ground swimming pool on the subject property. When the lot was platted, the existing rear -yard easement essentially took up most of the useable back yard space. In order to maintain a rear yard utility easement, the applicant will recorded a new easement on property he owns immediately to the south of the subject property. Upon Council action to close the easement, the applicant should take the closure Ordinance request to District Court and file for vacation of the easement which will completely remove it from the books. TECHNICAL ADVISORY COMMITTEE: Technical Advisory Committee (TAC) reviewed the request at their meeting on September 20, 2017. RECOMMENDATION: Staff recommends approval of Ordinance 1111 closing to the public use a portion of a utility easement. ATTACHMENTS: Ordinance 1111 Aerial Map Legal Description and Exhibit of the Portion of the Easement to be Closed 'O �rn N "m (D D m N Dm �DrD nz. m S x n O Ci O Ci ° (D O ti O N z n N .`o D ni -Di (D (D Q� -.� O a0 S Q Qp Q 0 ��D-n+ p Z 0Z (D O (D < Z (n 5-'O Z (a Q A O Z W Q� Z O N Npnrti(nQZy o -, QZO :cL �ZzQ �0 � p S 32 Q� N 5.. -0 -. 3n n 0 � m - iZmC�DwD N T =i� m (D m a y o o p n 0 O (D :7 (D rZZ- -� �„�n 01 ° 0 OypD 0002 -� m D a D Syr 0 Q O O (D =rn C M �M, 5i ,_„ �n Q n p D0 O0()D 0z= Q a Orn =m 70 O F)' (D p(D S_Q O �; ;z Q DO o m W WOK Q N O O Q,mO Z A DOOM ZJ -0 rn ,-< _6 N T -1 CA O C-0 O a 4 Q m-mi°-pDO 0 O Zmm- O Q0 O O ? 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(D Q O (D x ° 2 C O 2 0 p z A K m 'S 3 O Q (D D (D D 2 D Z D - K O n0z ODO rn m ° Z °DD H Cm Z A n 0M0 po N J A ^Z^ yV/ ti z0 H Os m D N C Dn 0� D m SD O DA_ D0 Z v0 nD 0� a = z m 0 m 0 m Om 1 m m N n 00 m0 o_:E Z D H Z m 0 j0 s O 3 D o � r -nm. o mm 00 �InO N� ma N B m -4 . -4 CD 1 r+'+ O J O W.D. inw" =M SECTION b. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. APPROVED by the City Council of the City of Owasso, Oklahoma on the 17th day of October, 2017. Z 1 11) ATTEST: OF L7 Sherry Bis , City Cler [- niL APPRO D as to form and legality this day of Oa4c e,,, 2017. .L Julie mbardi, City Attorney Page 2 of 2 Ordinance 1111