Legal Notices 7-6
BURLINGTON CITY COUNCIL
MEETING – June 3, 2019
Present: J Kabanuk, R Kremer, S
Skees, J Anderson, D Fugere, L
Brooks, J Casavant, S Schwandt, T
Pasterz, P Samson & B Boppre.
Absent: J Cannon and K Crabb.
Kremer moved to approve the May
2019 minutes, Skees seconded, mo-
tion carried. Skees moved to ap-
prove bills and payroll, Anderson
seconded, motion carried. Jess and
Amy Morse appeared before council
to discuss the lots in Harvest
Heights Addition that are not being
mowed. Attorney Boppre was asked
to send a nuisance letter to the own-
er of the lots. They discussed their
concern with erosion in Highlands
Ranch Addn. Engineer Samson
stated the cost for erosion control
would be 30-35,000 and would be
part of the Access Road District ex-
pense. Kremer moved to approve
the erosion control, Skees second-
ed, motion carried unanimously.
Rod Schwandt asked permission for
the EDC to allow employees work-
ing on the Colton Ave bridge repair
to park campers on their lot next to
the Dollar General. Schwandt indi-
cated 8-12 campers parking June –
November. Morse asked that the
area be kept clean and free of gar-
bage and debris, Schwandt indicat-
ed he will see to it. Kremer moved
to approve, Anderson seconded,
motion carried. Jayden presented an
estimate from Steen Construction for
excavating and insulating the water-
main at the end of Valley Ave for
27,545. Kremer moved to table the
matter, Skees seconded, motion
carried unanimously. Jayden gave
information on speed bumps for Ste-
men Drive near the new Splash Pad.
These carry a 15-year warranty.
Kremer moved to approve 2-19′
speed bumps with signage, totaling
approximately 3,000.00, Anderson
seconded, motion carried. Council
reviewed correspondence from Vern
Erck regarding the rough railroad
crossing on Colton Avenue. Kremer
moved to authorize Attorney Boppre
to draft a letter to CP Rail on the
matter, Skees seconded, motion
carried. Two bids for the meter vault
were received: Steen Construction –
61,281 and Kemper Construction –
120,531.Diane indicated the only
fund to pay this from is the surge
fund. Anderson moved to award to
the low bidder, Steen Construction
with payment from the surge fund,
Kremer seconded, motion carried.
Kremer moved to approve on 2nd
reading, be it ordained by the city
council of the City of Burlington that
the following ordinance be amend-
ed: Excavation Permit Program.
Section 7-801. Excavation Permit
Required: (1) No person shall do
any excavation, construction, or
repair work within the public
right-of-way without first obtaining a
permit application from the City Au-
ditor. (2) The permit application
shall be completed and delivered to
the City Auditor along with the re-
quired fee for submittal to the City
Council for approval at the next
scheduled council meeting. (3) The
City Council may waive the provi-
sions of this section when the work
to be performed will be done pur-
suant to a contract with the city; and
the council is of the opinion that the
terms of the contract, or the city gen-
eral specifications, provide sufficient
safeguards or controls to accomplish
the intent of protecting the city’s in-
terest. (4) No permit shall be valid
until approval is obtained from the
City Council. Section 7-802. Fees:
(1) No fee is required for excavating
to a depth of one foot or less when
concrete, asphalt, or compacted
gravel will not be involved within the
scope of the excavation project. (2)
A fee of 1,500.00 is required for all
other excavation projects. (3) A re-
fund of 1,450.00 will be made upon
satisfactory inspections by the city
upon completion of the project and
with the approval of the City Council.
Skees seconded, motion carried.
Kremer moved to approve on 2nd
reading. Be it ordained by the city
council of the City of Burlington that:
The following ordinance be added:
Section 18-1806: Display of Building
Number: An ordinance to provide for
the establishment, control, and re-
gulation of building numbering
display within the City of Burlington
and to provide for penalties for the
violation of the Ordinance. 1. Every
premises shall display the distinctive
house number assigned to that
premises and recognized by the
Ward County 911 governing board.
The individual digits shall be no less
than four inches in height (three
inches if of a reflective material) in
block style letters and shall be in a
contrasting color to the background.
The house number shall be
displayed in one of the following
fashions: a. If the number is
displayed on a house, the number
shall be placed upon the front of the
house in such a position as to be
plainly visible to all traffic coming to
the premises from either direction.
b. If a house is more than 50 feet
from the improved portion of the
street or road or is not clearly visible
from the street or road, the number
shall be displayed on a sign adja-
cent to the street or road on which
the property fronts. Such sign shall
be attached to a fence or post or
mailbox at a height that assures that
the number will not be obscured by
winter snows or snowplowing. 2.
Violation. Failure to display a house
number within sixty days after the
adoption of this Ordinance, or in the
case of new construction, prior to
the issuance of a Certificate of Oc-
cupancy, shall be considered a vio-
lation of this Ordinance and shall be
subject to penalties hereinafter pro-
vided. 3. Penalties. Any person, firm
or corporation violating the provi-
sions of this Ordinance shall be guil-
ty of an infraction subject to a fine of
not more than one hundred dollars
($100). Each and every day during
which such violation continues shall
be considered as a separate and
distinct violation hereof and may be
charged and prosecuted as such.
The above specified penalties may
be imposed for each such violation.
Skees seconded, motion carried.
Skees moved to approve on 2nd
reading; Be it ordained by the city
council of the City of Burlington that
the following be added: Section
7-401. Application for and Issuance
of Permit: Any owner or authorized
agent who intends to construct, en-
large, alter, repair, move, demolish
or change the occupancy of a build-
ing or structure, or to erect, install,
enlarge, alter, repair, remove, con-
vert or replace any electrical, gas,
mechanical or plumbing system, the
installation of which is regulated by
the State Building Code or to cause
any such work to be done, shall first
make application to the building offi-
cial and obtain the required permit.
The application shall be made on
forms provided by the building offi-
cial. Applicant shall provide all plans
and information as required within
the application and such other infor-
mation as may be necessary to act
on the application. Kremer second-
ed; motion carried. Building Permits
#844 K Eggleston – 12 x 14 deck, 1
Durango Drive 88; #845-A Josh
Smith-Single Family Dwelling; 4012
Grayson Drive – 4001. Kremer
moved to approve, including #845
contingent upon receiving approved
application, Skees seconded, motion
carried. #846 -Dakota Boys Ranch –
Remodel-6301 19th Ave NW-
541.00; #847-A Verizon-replace
equipment-46th Ave & 72nd Ave;
112.00. Kremer moved to approve,
Anderson seconded, motion carried.
Respectfully submitted,
Diane Fugere, Auditor
(July 6, 2019)
NOTICE BEFORE
FORECLOSURE
To the Title Owners, Borrowers and
Occupants of the Property:
Amanda E. Martinson
1512 34th Avenue Southeast
Minot, ND 58701
Michael E. Martinson
1512 34th Avenue Southeast
Minot, ND 58701
Pursuant to the provisions of the
Federal Fair Debt Collection Prac-
tices Act, you are advised that un-
less you dispute the validity of the
foregoing debt or any portion thereof
within thirty days after receipt of this
letter, we will assume the debt to be
valid. If the debt or any portion
thereof is disputed, we will obtain
verification of the debt and will mail
you a copy of such verification. You
are also advised that upon your re-
quest within the thirty day period, we
will provide you with the name and
address of your original creditor, if
different from the creditor referred to
in this Notice. We are attempting to
collect a debt and any information
obtained will be used for that pur-
pose. At this time, no attorney with
this firm has personally reviewed the
particular circumstances of your ac-
count. However, if you fail to con-
tact our office, our client may consid-
er additional remedies to recover the
balance due.
The real property that this notice
pertains to is located at 1512 34th
Avenue Southeast, Minot, ND
58701, and more particularly
described as: Lot 5A, Block 2,
Woodside 3rd Addition to the City of
Minot, Ward County, North Dakota.
Notice is hereby given that a certain
mortgage, recorded against the
above described property by Aman-
da E. Martinson and Michael E. Mar-
tinson, executed and delivered to
Mortgage Electronic Registration
Systems, Inc. as nominee for Prem-
ier Mortgage Corp, its successors
and assigns , dated May 22, 2015,
(“Mortgage”); and given to secure
the payment of $286,554.00, and in-
terest and other fees and costs ac-
cording to the terms and obligations
of a certain promissory note, is in
default. The current Mortgagee of
the Mortgage is Freedom Mortgage
Corporation. The following is a state-
ment of the sum due for principal, in-
terest, taxes, insurance, mainte-
nance, etc. as of May 28, 2019:
Unpaid Principal $279,398.75
Interest $26,009.23
Escrow Advance/Credit $13,308.25
Late Charges $1,718.28
Recording Fee $10.00
Additional Items Due $5,978.31
Total $326,422.82
That as of May 28, 2019, the
amount due to cure any default, or
to be due under the terms of the
mortgage, exists in the following
respects:
Total Payments Amount $56,708.00
Late Charges $1,718.28
Property Inspections $560.00
Expense Advances $5,268.31
Corporate Advances $150.00
Total Escrow Shortage $407.65
Total $64,812.24
In the event that you either payoff or
reinstatement the loan, payment
must be paid by certified funds, and
made payable to Freedom Mortgage
Corporation, and mailed to Halliday,
Watkins & Mann, P.C., at 376 East
400 South, Suite 300, Salt Lake
City, UT 84111. Additionally, you
must pay any additional accrued in-
terest, subsequent payments or late
charges which become due and any
further expenses for preservation of
the property which may be ad-
vanced. Please contact Halliday,
Watkins & Mann, P.C. for the exact
amount due through a certain date.
You have the right, in accordance
with the terms of the mortgage, to
cure the default specified above.
You also have the right in the fore-
closure action to assert that no de-
fault exists or any other defense you
may have to said action. Notice is
further provided that if the total sums
in default, together with interest ac-
crued thereon at the time of such
payment, accrued payments then
due and expenses advanced, are
not paid within thirty (30) days from
the date of mailing or service of this
Notice, the Mortgagee will deem the
whole sum secured by the Mortgage
to be due and payable in full without
further notice. Furthermore,
proceedings will be commenced to
foreclosure such Mortgage, and in
the event of Sheriff’s sale as provid-
ed by the laws of the State of North
Dakota, the time for redemption
shall be as provided by law, but not
less than sixty (60) days after the
Sheriff’s Sale.
Date: May 28, 2019
/s/Benjamin J. Mann
Benjamin J. Mann
Attorney for Creditor
376 East 400 South, Suite 300
Salt Lake City, UT 84111
Tel: 801-355-2886
Fax: 801-328-9714
Email: benjamin@hwmlawfirm.com
HWM: 54932
(June 29; July 6-13, 2019)
PETITION FOR NAME CHANGE
IN DISTRICT COURT, WARD
COUNTY, NORTH DAKOTA
IN THE MATTER OF THE
PETITION FOR NAME CHANGE
OF Shelley Kathryn Watson.
PLEASE TAKE NOTICE that a Peti-
tion in the above-entitled matter will
be filed with the Clerk of District
Court for Ward County, North Dako-
ta, requesting an Order changing the
name of Shelley Kathryn Watson to
Shelley Kathryn Schofield. Pursuant
to N.D.C.C. 32-28-02, thirty days
previous notice of the intended ap-
plication must be given in the oficial
newspaper printed in this County.
You are hereby notified that thirty
days after publication, petitioner in-
tends to file a petition requesting en-
try of the Court’s Order changing the
name of Shelley Kathryn Watson to
Shelley Kathryn Schofield. Any ob-
jection to granting this name change
must be given in writing to the ad-
dress listed below within 30 days of
the date of this publication. The writ-
ten objection must also be filed with
the Court. If no objections are given,
the Court may respond to the Peti-
tion without further hearing.
Dated this 28th day of June, 2019.
/s/Shelley Watson
Shelley Watson
General Delivery
Minot AFB, North Dakota 58704
(July 6, 2019)
SUMMONS
Court File No. 51-2019-CV-01086
STATE OF NORTH DAKOTA,
COUNTY OF WARD, IN DISTRICT
COURT, NORTH CENTRAL
JUDICIAL DISTRICT
Richard A. Novak,
Plaintiff,
v.
Nancy K. Yost and all other persons
unknown claiming any estate or in-
terest in or lien or encumbrance
upon the property described in the
Complaint,
Defendants.
THE STATE OF NORTH DAKOTA
TO THE ABOVE NAMED DEFEN-
DANTS You and each of you are
hereby summoned to answer the
complaint of the Plaintiffs in the
above-entitled action, which is filed
in the office of the Clerk of the Dis-
trict Court of the North Central Judi-
cial District in and for the County of
Ward and State of North Dakota,
and to serve a copy of your answer
to said Complaint on the subscriber
within twenty-one (21) days after the
service of this Summons upon you,
exclusive of the day of service, and
in case of your failure to appear or
answer, judgment will be taken
against you by default for the relief
demanded in the Complaint. Notice
is hereby given that the above enti-
tled action is brought to quiet title in
the Plaintiffs to the oil, gas and other
minerals in and under the following
described property situated in Ward
County, North Dakota, to-wit:
Township 154 North, Range 83
West Section 33: SE1/4
and that no personal claim is made
against the Defendants. Dated this
2nd day of July, 2019.
PRINGLE & HERIGSTAD, P.C.
/s/Matthew H. Olson
Matthew H. Olson ID #06182
Attorney’s for Plaintiff
2525 Elk Drive
P.O. Box 1000
Minot, ND 58702-1000
Telephone (701) 852-0381
molson@pringlend.com
(July 6-13-20, 2019)