Notice is hereby given that the Bismarck City Commission will hold a public hearing on Tuesday, October 27, 2015, at 5:15 p.m. in the Tom Baker Meeting Room, City-County Building, 221 North 5th Street, Bismarck, North Dakota, to consider the following City-initiated annexation:

RESOLUTION

RESOLUTION EXTENDING THE BOUNDARIES OF THE CITY OF BISMARCK, NORTH DAKOTA, AND ANNEXING TRACTS OF LAND TO THE BOUNDARIES OF THE PRESENT CORPORATE LIMITS.

BE IT RESOLVED by the Board of City Commissioners of the City of Bismarck, North Dakota:

WHEREAS, it appears that the area hereinafter described contiguous with the boundaries of the City of Bismarck should be annexed to the City of Bismarck, and

WHEREAS, Section 40-51.2.07 of the NDCC as amended, permits annexation by resolution of the governing body of any municipality, and

WHEREAS, the City of Bismarck Planning and Zoning Commission considered this matter on August 26, 2015 and has recommended the annexation of said territory, and

WHEREAS, the Board of City Commissioners of the City of Bismarck, North Dakota, desires to annex property to the City for the following reasons:

The territory to be annexed is contiguous to and surrounded by the City of Bismarck, North Dakota, and the proposed annexation of said territory will contribute to and facilitate the orderly growth and development of both the City and the territory proposed to be annexed; will facilitate and contribute to the proper and orderly layout design and construction of streets, gutters, sidewalks, watermains, sanitary and storm sewer and drainage facilities, both within the City and within the territory proposed to be annexed; will eliminate confusion over jurisdiction and provide for the most efficient and effective police and fire protection; and will provide and facilitate the proper overall planning and zoning of land in said City and said territory in a manner most conducive to the welfare of the City and said territory; and

WHEREAS, pursuant to said statute made and provided, any person owning any real property within the theretofore described territory may file written protests to the Board of City Commissioners of the City of Bismarck, North Dakota, by depositing the same with the City Administrator, protesting against the proposed annexation. Such written protest shall contain the interested parties name, address together with a legal description of the property owned and the date that the property was acquired. The Board of City Commissioners shall meet on Tuesday, October 27, 2015 at the hour of 5:15 p.m., at which time and place all interested persons will be heard on said proposed resolution unless property owner or owners has waived their right of protest and/or assent to annexation.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the following described territory be annexed to the City of Bismarck, North Dakota, to-wit:

Part of the NE ¼ of Section 21, Township 139 North, Range 80 West, Burleigh County, North Dakota and described as follows: beginning at the NW corner of said NE ¼; thence due South at 90 degree angle along the quarter section line a distance of 208.7 feet to a corner of Lot 1, Block 1, North Hills Sixteenth Addition; thence due East at 90 degree angle along the northern boundary of said lot a distance of 208.7 feet; thence due North at 90 degree angle along the West boundary of said lot a distance of 208.7 feet to the section line boundary between Sections 21 and 16; thence due West at 90 degree angle along said section line a distance of 208.7 feet to the point of beginning, and the South half of the right of way of 43rd Ave NE adjacent to said described parcel.

Part of the NW ¼ of the NE ¼ of Section 21, Township 139 North, Range 80 West, Burleigh County, North Dakota and described as follows: beginning at a point 1,414.3 feet West of the NE corner of said Section 21, on the East-West section line; thence due South a distance of 757 feet; thence West at 90 degree angle a distance of 300 feet; thence due North at 90 degree angle a distance of 757 feet to the section line boundary between Sections 21 and 16; thence due East at 90 degree angle a distance of 300 feet to the point of beginning, and the South half of the right of way of 43rd Ave NE adjacent to said described parcel.

Lot 1, Lot 2, Lot 3, and Lot 6, Wutzke’s Subdivision, Burleigh County, North Dakota, and the East 35 feet of vacated Ottawa Street (Resolution # 744772), less the portion of Lot 3 of said subdivision previously annexed into the City of Bismarck, North Dakota, and described by Ordinance 5938 (adopted January 8, 2013).

Lot 16, Lot 17, Lot 18, Lot 19, the North half of Lot 15, the West 68 feet of Lot 4, the West 68 feet of Lot 5, the West 68 feet of Lot 6, the West 68 feet of Lot 7, and the North half of the West 68 feet of Lot 8, Wutzke’s Second Subdivision, Burleigh County, North Dakota, and adjacent sections of Ottawa Street vacated by Resolutions #377232 and #744377.

Part of the SE ¼ of the SE ¼ of Section 16, Township 139 North, Range 80 West, Burleigh County, North Dakota and described on a deed recorded on March 3, 1952 in Book 288, Page 616 at the Burleigh County Register of Deeds as follows: beginning at a point which is 562 feet West of the NE corner of the SE ¼ of the SE ¼ of Section 16, Township 139 North, Range 80 West, thence running West a distance of 396 feet, thence South at a right angle a distance of 110 feet, thence East at a right angle a distance of 396 feet, thence North at a right angle a distance of 110 feet to the point of beginning. Said described parcel includes all land between Sonnet Heights 5th Replat and 43rd Avenue Commercial Park 2nd Addition.

The above described tracts of land contain 14.75 acres, more or less

BE IT FURTHER RESOLVED that the City Administrator shall publish this resolution once each week for two (2) consecutive weeks in the official newspaper of the City.

BE IT FURTHER RESOLVED that in the absence of protests on or before October 18, 2015, which is thirty days after the first publication of this resolution, by the owners of more than one fourth of the property of the territory proposed to be annexed as of the date of the adoption of this resolution, a territory described in the resolution shall be included within and shall be a part of the City, and a certified copy of this resolution with an accurate map of the annexed area will be filed and recorded with the Burleigh County Recorders Office.

Dated this 8th day of September, 2015.

STATE OF NORTH DAKOTA )
)ss
COUNTY OF BURLEIGH )

I, Keith J. Hunke, do hereby certify that I am the duly appointed, qualified Assistant City Administrator of the City of Bismarck, North Dakota, and that the foregoing is a full, true and correct copy of a corrected resolution adopted by the Board of City Commissioners at its regular meeting of September 8, 2015.

IN WITNESS WHEREOF, I have hereunto set my hand and the City of the City of Bismarck, North Dakota, this 8th day of September, 2015.

__________________________________________
Keith J. Hunke, Assistant City Administrator
Bismarck, North Dakota

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This City-initiated annexation is on file and may be viewed or copied any working day between 8:00 a.m. and 5:00 p.m. at the City-County Community Development Department, 221 North 5th Street, Bismarck, North Dakota.

BOARD OF CITY COMMISSIONERS
BISMARCK, NORTH DAKOTA
Attest: W.C. Wocken
City Administrator
Dated this 2nd day of September, 2015.