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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)

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