CHAPTER XIX ANNEXATION ARTICLE 1. ANNEXATION

CHAPTER XIX ANNEXATION ARTICLE 1. ANNEXATION 19.0101 JABORSKY ADDITION: WHEREAS, The City of Belfield pursuant to Section 40-51.2-07 of the North Dakota Century Code has amended having passed a Resolution to annex certain real property to be annexed to and made a part of the City of Belfield, North Dakota, and which said territory is described as follows, to-wit: A Tract of land lying in the Northwest Quarter (NW3) of Section 4, Township 139, Range 99, Stark County, North Dakota, described as follows, to-wit: Beginning at a point 565 feet North and 209 feet east of the Southwest Corner of the Northwest Quarter (NW3) of Section 4, Township 139, Range 99, Stark County, thence running East 209 feet, thence North 209 feet, thence West 209 feet, thence South 209 feet, to the point of beginning, containing approximately one acre. Said Addition to be known as Victoria Jaborsky Addition to the City of Belfield, Stark County, North Dakota, but to be unplatted pursuant to the map of the area annexed hereto; And said territory being contiguous to the City of Belfield and not embraced therein; and said territory having been platted, and an accurate map of said territory having been filed with the City Auditor; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the territory above described be, and the same hereby is annexed to, and is hereby made a par of the City of Belfield, and included within the corporate limits thereof; SECTION 2. That said territory, so annexed, be and the same shall be designated and known as Victoria Jaborsky Addition to the City of Belfield. 19.0102 LOVELAND ADDITION: A petition having been filed and presented to the City Council of the City of Belfield by Peter Decker, Euphemia Decker, Kenneth Loveland and Judith Loveland, being the owners of record of the territory herein described, together with a plat of said territory, praying that said territory be annexed to and made a part of the City of Belfield, North Dakota, and which said territory is described as follows, to-wit: A tract or parcel of land located in the Southwest Quarter (SW3) of Section Thirty- 1

two (32), Township 140 North of Range 99 West of the 5th P.M., Stark County, North Dakota, more particularly described as follows, to-wit: Commencing at the northeast corner of Lot One (1), Block (1), Decker and Newton Addition to the City of Belfield; thence west a distance of 450 feet along the north boundary line of Lot One (1) Block One (1), of Decker and Newton Addition to the City of Belfield, Stark County, North Dakota; thence north a distance of 150 feet to a point; thence east a distance of 450 feet along a line parallel to the north boundary line of Lot One (1), Block One (1), of Decker and Newton Addition to the City of Belfield, a distance of 450 feet; thence south a distance of 150 feet to the true point of beginning. Said tract contains 1.55 acres, more or less. Said addition to be known as Loveland Addition to the City of Belfield, Stark County, North Dakota. And notice of the filing and presentation of said petition and plat having been given by publication in the Dickinson Press once each week for two successive weeks: And said territory being contiguous to the City of Belfield and not embraced therein; and said territory having been platted, and an accurate map of said territory having been filed with the City Auditor; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the territory above described be, and the same hereby is annexed to, and is hereby made a part of the City of Belfield, and included within the corporate limits thereof; SECTION 2. That said territory so annexed be and the same shall be designated and known as Loveland Addition to the City of Belfield. 19.0103 MATADOR ADDITION: A petition having been filed and presented to the City Council of the City of Belfield together with a plat of said territory, praying that said territory be annexed to and made a part of the City of Belfield, North Dakota, and which said territory is described as follows, to-wit: A tract or parcel of land located in the Southeast Quarter (SE3) of Section Thirty-two (32), Township 140 North, Range 99 West of the 5th P.M., in Stark County, North Dakota, more particularly described as follows, to-wit: Beginning at the Northeast Corner of Block Three (3) of A. Decker Addition to the City of Belfield, North Dakota, thence West along the north line of said Block Three 2

(3), to and along the north line of Block Two (2) of said A. Decker Addition, to and along the north line of Block A of Parkway Addition to the City of Belfield, North Dakota, to the west line of said Block A and continuing on the said extended north line of Block A a distance of 33 feet to the centerline of Main Street, thence north along the centerline of Main Street a distance of 33 feet to the centerline of Adam Avenue, thence East along the centerline of Adam Avenue to a point which is 236 feet West of the southwest corner of the Rock Island Addition, which is designated as Block One (1), Rock Island Addition to the City of Belfield, North Dakota, and 33 feet south thereof, thence North along a line parallel to the west line of said Block One (1) of the Rock Island Addition a distance of 433 feet, thence East along a line parallel to the north line of said Block One (1) of the Rock Island Addition a distance of 433 feet, thence South Parallel to the east line of aid Block 3 of the A. Decker addition a distance of 466 feet to the point of beginning, which is the northeast corner of said Block 3, excepting the following: Beginning at the Northeast Corner of said Block One (1) of the Rock Island Addition to the City of Belfield, North Dakota, thence West along the north line of said Block One of the Rock Island Addition and extended 170 feet West parallel to the north line of said Block One of the Rock Island Addition, thence South parallel to the West line of said Rock Island Addition a distance of 200 feet, thence East to the southwest corner of said Rock Island Addition a distance of 170 feet, and continuing east along the south line of said Rock Island Addition to the southeast corner of said Rock Island addition, and thence North along the east line of said Rock Island Addition to the northeast corner of said Rock Island Addition and the point of beginning. The above described tract (page 1) contains a total of 7.84 acres, more or less, according to the above description. Said addition to be known as Matador Subdivision to the City of Belfield, Stark County, North Dakota. And notice of the filing and presentation of said petition and plat having been given by publication in the Dickinson Press once each week for two successive weeks; And said territory being contiguous to the City of Belfield and not embraced therein; and said territory having been platted, and an accurate map of said territory having been filed with the City Auditor, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the territory above described be, and the same hereby is annexed to, and is hereby made a part of the City of Belfield, and included within the corporate limits thereof; 3

SECTION 2. That said territory so annexed be and the same shall be designated and known as Matador Subdivision to the City of Belfield, North Dakota. 19.0104 HUGELEN=S ADDITION: A Petition having been filed and presented to the City Council of the City of Belfield by Harold Hugelen, the owner of record of the territory therein described, together with a Plat of said territory, praying that said territory be annexed to and made a part of the City of Belfield, North Dakota and which territory is described as follows, to-wit: A tract of land located in the SE3 of Section 32, Township 140 North, Range 99 West of the 5th P.M., Stark County, North Dakota, and being more particularly described as follows, to-wit: Beginning at a point 781.0 feet west and 100.0 feet north of said southeast corner of the SE3 of Section 32; said point of beginning being 100.0 feet north of the south line of said Section 32, and being on the north right-of-way line of a County Highway; thence on a bearing of N 0109'E a distance of 754.96 feet; thence in an easterly direction on a bearing of N 89151'W a distance of 20.0 feet; thence in a southwesterly direction on a bearing of S 72110' W a distance of 166.3 feet; thence in a southerly direction on a bearing of S 01139' E a distance of 705.8 feet to a point 100.0 feet north of the south line of said Section 32, said point being on the north highway right-of-way line of a County Highway; thence in an easterly direction along said County Highway right-of-way line on a bearing of N 89134'E a distance of 165.6 feet to the point of beginning. Said addition to be known as Hugelen s Addition to the City of Belfield, Stark County, North Dakota. And notice of the filing and presentation of said Petition and Plat having been given by publication in the Dickinson Press once each week for two successive weeks; And said territory being contiguous to the City of Belfield and not embraced therein; and said territory having been platted, and an accurate map of aid territory having been filed with the City Auditor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1: That the territory above described be and the same hereby is annexed to and is hereby made a part of the City of Belfield and included within the corporate limits thereof. SECTION 2: That said territory so annexed be and the same shall be designated and known as Hugelen s Addition to the City of Belfield, Stark County, North Dakota. 4

19.0105- THE BELFIELD SOUTH INDUSTRIAL PARK ADDITION : A Petition having been filed and presented to the City Council of the City of Belfield by Gary Newton, Julie Ann Newton, and Zimmerman Equipment Company, the owners of the territory therein described, together with a Plat of said territory, praying that said territory be annexed to and made a part of the City of Belfield, North Dakota and which territory is described as follows to wit: All that part of Section 4, Township 139 North, Range 99 West of the 5 th Principal Meridian, South of the south BNSF Railroad Right of Way, Stark County, State of North Dakota. The following area shall be and is hereby annexed: All that part of Section 4, Township 139N, Range 99W, of the 5 th Principal Meridian, South of the south BNSF Railroad Right-of-Way and all that part of Section 5, T139N, R99W, South of the south BNSF Railroad Right-of-Way East of the east Right-of-Way of 5 th Street SE and North of the south Right-of-Way of 5 th Avenue SE extended, Stark County North Dakota. Annexation and Final Plat Map is approved pending all required signatures for the owners Gary Newton, Julie Ann Newton, and Zimmerman Equipment Company, and the engineer is authorized to record the Belfield South Industrial Park Addition Plat with conditions that the developer is responsible for the existing rights of way, street and utility easements, drainage easements and detention ponds, clean and defined access to all lots within the subdivision, maintenance of the access, snow removal, maintenance of proper setbacks and assurance that there isn t a diversion of any waterway that will create issues down the road as multiple owners come into the subdivision. Approval is further subject to the obligation of the developer(s) and owners, their successors and assigns, to execute a development agreement addressing among other provisions, all costs of construction and maintenance of all infrastructure in and to the subdivision, a storm water drainage and detention plan limiting flow offsite to pre-existing flow; No bulk-storage of flammables; All transfers of any frac product must be via closed system; dust control plan for product, roads, and site; signed letters of agreement with Stark County and adjacent property owners; written approval from NDDOT regarding the Highway 85 connect. Development may take place only in compliance with all City codes and state law. Said Addition is to be known as Belfield South Industrial Park Addition to the City of Belfield, Stark County, North Dakota. And notice of the filing and presentation of said Petition and Plat having been given by publication in the Dickinson Press once each week for two successive weeks; And said territory being contiguous to the City of Belfield and not embraced therein; and said territory having been platted, and an accurate map of said territory having been filed with the City Auditor. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5

That the Territory above described be and the same hereby is annexed to and is hereby made a part of the City of Belfield and included within the corporate limits thereof. That said Territory so annexed be and the same shall be designated and known as Belfield South Industrial Park Addition to the City of Belfield, Stark County, North Dakota. 19.0106- THE AMERICAN LANDMARK GROUP ADDITION : A Petition having been filed and presented to the City Council of the City of Belfield by American Landmark Group, the owners of the territory therein described, together with a Plat of said territory, praying that said territory be annexed to and made a part of the City of Belfield, North Dakota and which territory is described as follows to wit: A tract of land located at the Northwest and Southwest Quadrants of Interstate 94 and Highway 85, within the Northeast and Southeast Quarter (NE and SE) Quarters of Section thirty-two(32), Township One Hundred Forty North (T 140 N), Range Ninetynine West (R 99 W), Fifth Principal Meridian (5th P.M.), Stark County, North Dakota. The following area shall be and is hereby annexed: Beginning at a point along the East Section line of Section 32, Township 140 North and Range 99 West of the Fifth Principal Meridian, located 1654.48 feet North of the Southeast Corner of said Section 32; thence North along the East Section line 1996.74 feet; thence North 89 47' 58" West 1295.32 feet; thence South 0 07' 43" West 591.77 feet; thence North 89 48' 10" West 764.46 feet; thence South 0 09 21" West 412.92 feet; thence North 89 59' 32" West 970.97 feet; thence South 15 15' 35" West 400.71 feet; thence 507.14 feet along the arc of a 5929.65 foot radius curve to the left bearing Southeasterly, whose long chord bears South 77 11' 25" East 506.99 feet, said curve being along the South right of way line of Interstate 94; thence South 0 05 02 West 1859.88 feet; thence South 89 53 44 East 250.50 feet; thence North 0 06 16 East 74.86 feet; thence South 89 53 44 East 28.00 feet; thence North 0 06 16 East 309.00 feet; thence South 89 53 44 East 343.44 feet; thence North 0 06 16 East 192.00 feet; thence South 89 53 44 East 942.00 feet; thence South 0 06 16 West 766.00 feet; thence South 89 26 01 East 146.59 feet; thence North 1 32 44 West 705.80 feet; thence North 72 16 16 East 166.30 feet; thence South 89 44 44 East 20.00 feet; thence South 0 15 16 West 755.21 feet; thence North 89 40 20 East 40.81 feet; thence Due North 30.30 feet; thence South 89 53 44 East 213.50 feet; thence Due North 161.00 feet; thence South 89 53 44 East 66.50 feet; thence Due North 1004.60 feet; thence South 89 53 46 East 163.00 feet; thence Due North 512.25 feet; thence South 72 37 01 East 314.36 feet to the point of beginning. The above described tract of land contains 155.99 acres, more or less. Also including a tract of land described as follows: Beginning at a point which is North 88 03 West 1793.20 feet along the Section line and North 1 57 East 466.00 feet from the Southeast Corner of Section 32, Township 140 North, Range 99 West of the Fifth Principal Meridian; thence North 88 03 West 166.40 feet along the North Line of Adam Avenue; Thence North 1 57 East 200.00 feet along the East line of 2ND Street; Thence South 88 03 East 166.40 feet; thence South 1 57 West 200.00 feet to the point of beginning. The above described tract of land contains 0.764 acres, more or less, with the following basis of 6

bearing: the South Line of Section 32 = North 88 03 West. Annexation and Final Plat Map is approved pending all required signatures for the owners American Landmark Group, and the engineer is authorized to record the American Landmark Group Plat with conditions that the developer is responsible for the existing rights of way, street and utility easements, drainage easements and detention ponds, clean and defined access to all lots within the subdivision, maintenance of the access, snow removal, maintenance of proper setbacks and assurance that there isn t a diversion of any waterway that will create issues down the road as multiple owners come into the subdivision. Approval is further subject to the obligation of the developer(s) and owners, their successors and assigns, to execute a development agreement addressing among other provisions, all costs of construction and maintenance of all infrastructure in and to the subdivision, a storm water drainage and detention plan limiting flow offsite to pre-existing flow; No bulk-storage of flammables; dust control plan for roads, and site; signed letters of agreement with Stark County and adjacent property owners; written approval from NDDOT regarding the Highway 85 connect. Development may take place only in compliance with all City codes and state law. Said Addition is to be known as American Landmark Group Addition to the City of Belfield, Stark County, North Dakota. And notice of the filing and presentation of said Petition and Plat having been given by publication in the Dickinson Press once each week for two successive weeks; And said territory being contiguous to the City of Belfield and not embraced therein; and said territory having been platted, and an accurate map of said territory having been filed with the City Auditor. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF That the Territory above described be and the same hereby is annexed to and is hereby made a part of the City of Belfield and included within the corporate limits thereof. That said Territory so annexed be and the same shall be designated and known as American Landmark Group Addition to the City of Belfield, Stark County, North Dakota. (Ordinance 329) 19.0107- THE PATRICIA DECKER ADDITION : A Petition having been filed and presented to the City Council of the City of Belfield by Patricia Decker, the owner of the territory therein described, together with a Plat of said territory, praying that said territory be annexed to and made a part of the City of Belfield, North Dakota and which territory is described as follows to wit: A tract of land situated in the Southeast Quarter (SE1/4) of Section 32, Township 140 North, Range 99 West, Stark County, North Dakota, more particularly described as follows: Beginning at a point 450.4 feet East and 100 feet North of the Southwest corner of the Southeast Quarter (SE1/4) of said Section, thence East 33 feet, thence North 333 feet, thence East 132.65 feet, thence North 241 feet, thence West 337.65 feet, thence 7

South 309 feet, thence West 28 feet, thence South 75 feet, thence East 200 feet, thence South 190 feet to the point of beginning. (This legal description was obtained from a previously recorded document Warranty Deed Document No 3010352, County of Stark, ND, recorded 04/06/2001). Said Addition is to be known as Patricia Decker Addition to the City of Belfield, Stark County, North Dakota. Exhibit A is attached as a true an accurate copy of the above described territory. And notice of the filing and presentation of said Petition and Plat having been given by publication in the Dickinson Press once each week for two successive weeks; And said territory being contiguous to the City of Belfield and not embraced therein; and said territory having been platted, and an accurate map of said territory having been filed with the City Auditor. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF That the Territory above described be and the same hereby is annexed to and is hereby made a part of the City of Belfield and included within the corporate limits thereof. That said Territory so annexed be and the same shall be designated and known as Patricia Decker Addition to the City of Belfield, Stark County, North Dakota. Consistent with N.D.C.C.40-51.2-06, the City of Belfield shall continue to classify as agricultural lands for tax purposes so long as its existing owner and use are not changed. (Ordinance 337) 19.0108- EXTENSION OF BELFIELD CROSSING SUBDIVISION: A Petition having been filed and presented to the City Council of the City of Belfield by the owner of the territory therein described together with a Plat of said territory including the Right of Way to Highway 85 with approval from the North Dakota Department of Transportation, praying that said territory be annexed to and made a part of the City of Belfield, North Dakota and which territory is described as follows to wit: A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 140N, RANGE 99 W, 5TH PRINCIPAL MERIDIAN, STARK COUNTY, NORTH DAKOTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32, THENCE SOUTH 01 57'38 WEST ALONG THE EAST LINE OF SECTION 32 A DISTANCE OF 1324.24 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 57'38" WEST ALONG THE EAST LINE OF SECTION 32 A DISTANCE OF 314.75 FEET; THENCE NORTH 87 57'14 WEST A DISTANCE OF 100.00 FEET TO THE WEST RIGHT OF WAY LINE OF US HIGHWAY 85; THENCE NORTH 87 57'14 WEST A 8

DISTANCE OF 804.69 FEET ALONG THE NORTH LINE OF THE CYPRESS CAPITAL VI, LLC PARCEL; THENCE NORTH 01 58'43 EAST A DISTANCE OF 315.00 FEET; THENCE SOUTH 87 57'14 EAST A DISTANCE OF 804.59 FEET TO THE WEST RIGHT OF WAY LINE OF US HIGHWAY 85; THENCE SOUTH 87 48'41 EAST A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINS 6.54 ACRES. Said Ordinance extends and adds the above described parcel to the Belfield Crossing Subdivision, previously referenced in Ordinance 329 and 338, to the City of Belfield, Stark County, North Dakota. And notice of the filing and presentation of said Petition and Plat having been given by publication in the Dickinson Press once each week for two successive weeks; And said territory being contiguous to the City of Belfield and not embraced therein; and said territory having been platted, and an accurate map of said territory having been filed with the City Auditor. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF That the Territory above described be and the same hereby is annexed to and hereby made a part of the City of Belfield and included within the corporate limits thereof. That said territory so annexed be and the same shall be designated and added to the Belfield Crossing Subdivision, to the city of Belfield, Stark County, North Dakota. 19.0109 WATER TOWER ADDITION: WHEREAS, the City of Belfield, a ND Municipal Corporation finds the area proposed to be annexed is about to become urban in character; City government in the area proposed to be annexed is required to protect the public health, safety, and welfare; and the annexation would be in the best interest of the area proposed to be annexed; and The City of Belfield governing Council finds it is in the best interests of the City and its citizens to annex the area; ANNEXATION LEGAL DESCRIPTION A tract of land lying within a tract of land described in book 215, Page 449 recorded at the Stark County Recorder s Office, located in the Southeast Quarter of Section 32, Township 140 North, Range 99 West of the Fifth Principal Meridian, Stark County, North Dakota and being more particularly described as follows: 9

BEGINNING at the southwest corner of said tract of land described in Book 215, Page 449, said point also being on the north right of way line of Old Highway 10; thence along the west line of said tract described in Book 215, Page 449 on an azimuth of 358⁰54 56 a distance of 104.52 feet; thence parallel with the south line of said tract described in Book 215, Page 449 on an azimuth of 090⁰04 25 a distance of 104.52 feet; thence parallel with the west line of said tract described inbook 215, Page 449 on an azimuth of 178⁰54 56 a distance of 38.51 feet; thence parallel with the south line of said tract described in Book 215, Page 449 on an azimuth of 090⁰04 25 a distance of 127.23 feet; thence on an azimuth of 180⁰27 37 a distance of 66.00 feet to a point on the south line of said tract described in Book 215, Page 449 and the north right-of-way line of Old Highway 10 on an azimuth of 270⁰04 25 a distance of 229.97 feet to the POINT OF BEGINNING. Said tract contains.044 acres. TOGETHER WITH a non-exclusive perpetual easement for access purposes upon an existing established roadway which is hereby granted over and across the property described as the tract of land measuring 40 x 66, east of the above described property. This easement is for the purpose of providing access to, is for the benefit of, and is appurtenant to the above described real estate. ARTICLE 2. PLAT APPROVAL 19.0201 PLAT OF DULELSKY SUB-DIVISION: WHEREAS, an application has been made to the City Council for the approval of plat entitled The Plat of Duletsky Sub-division within the zoning jurisdiction of the City of Belfield, Stark County, North Dakota, and described as follows: The boundary of said plat is more particularly described as follows, to-wit: Beginning at a point which is the southwest corner of said S2SE3 of Section 5; thence northerly along the west line of said S2SE3 of Section 5 on a bearing of N. 00103'29" E. a distance of 938.48 feet to the south line of 5th Street S.E. lying within the City of Belfield, North Dakota, as said street is surveyed and platted within said Section 5; thence in an east-southeasterly direction along the south line of said 5th Street S.E. on a bearing of S. 81140'00" E. a distance of 2031.05 feet; thence in a south-southwesterly direction on a bearing of S. 07130'37" W. a distance of 657.29 10

feet to the south line of said S2SE3 of Section 5; thence westerly along the south line of said SE3 on a bearing of N. 89146'33" W. (Base Bearing) a distance of 1924.67 feet to the southwest corner of said S2SE3 of Section 5 and the point of beginning. Tract contains a total of 36.05 acres, according to the above description. NOW, THEREFORE, BE IT HEREBY RESOLVED, That the property known as The Plat of Duletsky Sub-division within the zoning jurisdiction of the City of Belfield, North Dakota, be and the same is hereby approved upon condition that any proposed streets, water and sewerage and other utility facilities be in accordance with the City of Belfield Subdivision regulation codes, and procedures acceptable to the City Council. 19.0202 PLAT OF ATCHINSON S FIRST ADDITION: A petition having been filed and presented to the City Council of the City of Belfield by Walter H. Atchison, being the owner of record of the territory therein described, together with a plat of said territory, praying that said territory be platted, said territory is described as follows, to-wit: A tract of land lying in the Southeast Quarter (SE3) of Section Five (5), Township 139 North of Range 99 West of the 5th P.M., Stark County, North Dakota, more particularly described as follows, to-wit: Beginning at a point which is the intersection point of the east line of Section Street Southeast and the south line of Second Avenue Southeast, thence east along said south line of Second Avenue Southeast a distance of 1,032.00 feet to a point which is the intersection point of said south line of Second Avenue Southeast and the west line of Fifth Street Southeast; thence south along said west line of Fifth Street Southeast a distance of 466.0 feet to a point which is the intersection point of said west line of Fifth Street Southeast and the south line of Third Avenue Southeast, thence west along said south line of Third Avenue Southeast a distance of 1,032.00 feet to a point which is the intersection point of said south line of Third Avenue Southeast and said east line of Second Street Southeast, thence north along said east line of Second Street Southeast a distance of 466.0 feet to the point of beginning. Tract contains 11.04 acres, more or less, according to the above description. Said addition to be known as Atchison=s First Addition to the City of Belfield, Stark County, North Dakota. And notice and filing and presentation of said petition and plat having been given by publication in the Dickinson Press once a week for two successive weeks; And no objections having been filed to the platting of said territory; And said territory having been platted, and an accurate map of said territory having been filed with the City Auditor; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11

SECTION 1. That the territory above described be, and the same hereby is platted. SECTION 2. That said territory so platted be and the same shall be designated and known as Atchison=s First Addition to the City of Belfield. 19.0203 BELFILED SOUTH INDUSTRIAL: The Belfield South Industrial Park Addition Final Plat is approved pending all required signatures for the owners, and the City Engineer is authorized to record the Belfield South Industrial Park Addition Plat with conditions. Approval is subject to the obligation of the developer(s) and owners, their successors and assigns, to execute a Development Agreement addressing among other provisions, all costs of construction and maintenance of all infrastructure in and to the subdivision, a stormwater drainage and detention plan limiting flow offsite to pre-existing flow; No bulk-storage of flamables; All transfers of any frack product must be via closed system; dust control plan for product, roads, and site; signed letters of agreement with Stark County and adjacent property owners; written approval from NDDOT regarding the Highway 85 connect. Development may take place only in compliance with all City codes and state and federal law. VARIANCE APPROVAL. Developer brought before the Zoning Board an application for a variance to place gravel roads within the Subject Property. Ordinance 341 Section C outlines minimum street standards for Industrial areas and requires a 40 roadbed with a 6 shoulders, 12 of subgrade prep, geotextile fabric, and 8 aggregate base course with 6 minimum hot bituminous surface. Approval of a variance was granted to allow all public roadways within the Subject Property to be scoria for the first year, then graveled. Compliance with the dimensions and other standards of Ordinance 341 are required immediately. Paving of 37th St. shall be done at the same time the rest of the South Industrial Park interior roads are paved to save on costs and better suit construction. The Developer shall maintain these internal streets, and 37th St. until such time as all are paved. Upon completion of this upgrade and paving to full compliance with Ordinance 341, the City will assume responsibility of maintenance. The Developer must be in full compliance with Ordinance 341 by November 1, 2017. Said variance is granted conditionally upon compliance with all terms and conditions of the executed Development Agreement between the City of Belfield and Belfield Rail Transfer, LLC. Last Updated 7-2018. 12