Petitioner – of Silver Creek Township, Sanborn County, South Dakota, presented the following Resolution and Order and moved for its adoption:
WHEREAS, a Petition having been received asking that Silver Creek Township vacate the following section lines described as:
That existing public right-of-way which includes the statutory right-of-way and any right-of-way acquired by deed (s) lying on the section line commonly known as 403rd Avenue, bordered by 230th Street on the North, and bordered by 231st Street on the South. Bordered on the East by Section 27, Township 107 North, Range 61 West; and bordered on the West by Section 28, Township 107 North, Range 61 West; said road being approximately 66 feet in width and approximately one (1) mile in length.
These petitioners believe that it would be in the best interest of the public that these section lines be vacated. Liability and financial concerns could become a real burden for the residents of Silver Creek Township in future years if someone was to be hurt on one of these section lines.
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY ORDERED:
That existing public right-of-way which includes the statutory right-of-way and any right-of-way acquired by Deed(s) lying on the section lines described above, which are within the said boundaries of Silver Creek Township, Sanborn County, South Dakota; said section lines being approximately 66 feet in width and most approximately one mile long, and some being shorter than one mile in length be hereby declared to be vacated; and further that a copy of this Resolution and Order be spread in the minutes of the Silver Creek Township Board;
IT IS FURTHER ORDERED that said Resolution shall be published in the official/legal newspaper of the respective township once each week for two (2) consecutive weeks; and that after such publication, such section lines shall be, after a lapse of thirty (30) days after the last publication thereof, vacated without further proceedings unless appealed as provided by law; and that the Clerk herein is further ordered and directed to cause to be recorded a true and correct copy of this Resolution and Order in the office of the Register of Deeds in and for Sanborn County, South Dakota;
IT IS FURTHER ORDERED that any and all bridges, guard rails and culverts are hereby deemed to revert to and become the personal property and possession of Silver Creek Township.
The motion was made by Supervisor Larson and was seconded by Supervisor Podhradsky and upon roll call, the vote was as follows:
Supervisors: Chairman, Yes, Mark Snedeker; Yes, Russell Podhradsky; Yes, Paul Larson.
STATE OF SOUTH DAKOTA )
: SS
COUNTY OF SANBORN )
I, Patricia Larson, being the duly elected, qualified and acting Clerk of the Board of Supervisors of Silver Creek Township, Sanborn County, South Dakota, do hereby certify that the foregoing is a true and correct copy of the Resolution on the action thereon by the Board of Supervisors of Silver Creek Township, Sanborn County, South Dakota, at the regular meeting of said Board, held on the 17th of March 2014, as the same appears and is now recorded in the minutes of the clerk of the Board of said Silver Creek Township and that the same is true and correct transcript thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of March 2014. Patricia Larson
Clerk
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF SANBORN )
On this, the 17th day of March 2014, before me, the undersigned officer, personally appeared, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Mary Fredrichs
Notary Public, SD
(SEAL)
My commission expires: