Notice is hereby given that the Bismarck City Commission will hold a public hearing on Tuesday, April 26, 2016, 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 and determine the sufficiency of any protests:

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 February 24, 2016 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, April 26, 2016 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:

All right-of-way currently owed by Canadian Pacific Railway in the NW ¼ and the SE ¼ of Section 26, T139N-R80W/Hay Creek Township, not previously annexed into the City of Bismarck, containing 3.35 acres, more or less.

A 40 foot access easement adjoining and parallel to existing Auditors Lots B-B and C-C as shown on the Auditors Lot B-B in part of the SW ¼ of Section 25, T139N-R80W/Hay Creek Township, as recorded in Plat of Irregular Description document number 638959.

A Tract of land in the S ½ of the SE ¼ and the SE ¼ of the SW ¼ of Section 25, T139N-R80W/Hay Creek Township, described as: Beginning at a point of the South line of the National Guard Addition to the City of Bismarck, North Dakota, that lies 601.79 feet West of the SE corner of said Addition, measured along the said South line of said Addition; thence S 21-24-18 W, a distance of 42.03 feet; thence S 89-45-09 W, a distance of 864.70 feet to the East line of a tract of land in the SE ¼ of the SW ¼ of Section 25, recorded as document number 332826; thence N 00-00-00 E along said East line a distance of 39.06 feet to the South line of the National Guard Addition; thence N 89-45-09 E along said South line a distance of 880.03 feet to the point of beginning.

Auditor’s Lot C of the S ½ of Section 25, T139N-R80W/Hay Creek Township.

The South ½ of the NW ¼ of Section 26, T139N-R80W/Hay Creek Township, Less the railroad right-of-way owned by Canadian Pacific Rail, the right-of-way of Interstate 94, and a tract of land in the SW ¼ of the NW ¼ of Section 26, T139N-R80W/Hay Creek Township, described as: Commencing at the SW corner of said NW ¼; thence N 00-45-45 E on the West line of said NW ¼ for a distance of 413.31 feet to the North right-of-way line of Interstate 94; thence continuing N 00-45-45 E on said West line for a distance of 904.14 feet to the North line of said SW ¼ of the NW ¼; thence S 89-47-39 E on said North line for a distance of 536.86 feet to the westerly right-of-way line of the Canadian Pacific Railroad, said railroad being formerly owned by the Dakota, Missouri Valley and Western Railroad and the Minneapolis, Saint Paul and Sault Ste. Marie Railway Company; thence S 26-04-59 E on said westerly right-of-way line for a distance of 1009.97 feet to said North right-of-way line of Interstate 94; thence N 89-42-44 W on said North right-of-way line for a distance of 992.95 feet to the point of beginning.

A Tract of land in the SW ¼ of the NE ¼ of Section 26, T139N-R80W/Hay Creek Township, described as: Beginning at a point on the West boundary line of said NE ¼ a distance of 410.4 feet North of the SW corner of said NE ¼; thence East along the North ROW line of Interstate Highway 94 for a distance of 376.46 feet; thence North and parallel to the West boundary line of said NE ¼ for a distance of 50 feet; thence S 89-39-52 W and parallel to the South boundary line of Tract “A” in the Zoller’s Subdivision in the NE ¼ of said Section 26 for a distance of 376.46 feet to a point on the West boundary line of said NE ¼ of Section 26; thence South along the West boundary line a distance of 50 feet to the point of beginning.

Tract 7 of Section 26, T139N-R80W/Hay Creek Township, less that portion of Tract 7 platted as Mr. B’s West Addition and less Tracts 9 and 10 of the NE ¼ of Section 26, T139N-R80W/Hay Creek Township as recorded in Plats of Irregular Description document numbers 749329 and 749331.

Tract 1 of the N ½ of the NW ¼ of Section 26, T139N-R80W/Hay Creek Township, as recorded in Plat of Irregular Description document number 557106.

Lots 2-10, Block 25, Stein’s Fourth Addition and the West half of the right-of-way of North 26th Street adjacent to said lots.

A Tract of land in the SW ¼ of the NW ¼ of Section 26, T139N-R80W/Hay Creek Township, described as: Commencing at the SW corner of said NW ¼; thence N 00-45-45 E on the West line of said NW ¼ for a distance of 413.31 feet to the North right-of-way line of Interstate 94; thence continuing N 00-45-45 E on said West line for a distance of 904.14 feet to the North line of said SW ¼ of the NW ¼; thence S 89-47-39 E on said North line for a distance of 536.86 feet to the westerly right-of-way line of the Canadian Pacific Railroad, said railroad being formerly owned by the Dakota, Missouri Valley and Western Railroad and the Minneapolis, Saint Paul and Sault Ste. Marie Railway Company; thence S 26-04-59 E on said westerly right-of-way line for a distance of 1009.97 feet to said North right-of-way line of Interstate 94; thence N 89-42-44 W on said North right-of-way line for a distance of 992.95 feet to the point of beginning.

Lot 4 of the West ½ of the SE ¼ of Section 26, T139N-R80W/Hay Creek Township, as recorded in Plat of Irregular Description document number 537741.

Lots 1 and 2, Block 1, Century Centennial Addition and the South half of the right-of-way of East Century Avenue, West half of the right-of-way of Centennial Road, and the right-of-way of Valley Forge Street, all adjacent to and included within the plat of Century Centennial Addition.

Lot 3, Block 1 of Krueger Subdivision.
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 April 25, 2016, 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 22nd day of March, 2016.

STATE OF North DAKOTA )
)ssCOUNTY 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 March 22, 2016.

IN WITNESS WHEREOF, I have hereunto set my hand and the City of the City of Bismarck, North Dakota, this 22nd day of March, 2016.

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

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 DAKOTAAttest: W.C. Wocken
City AdministratorDated this 17th day of March, 2016.