PETITIONER SUPERVISORS OF JACKSON TOWNSHIP, SANBORN COUNTY, SOUTH DAKOTA, PRESENTED THE FOLLOWING RESOLUTION AND ORDER AND MOVED FOR ITS ADOPTION:
WHEREAS, a Petition having been received asking that Jackson Township to vacate border section line highways described as:
(1) 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 between E1/2 of 7-108-61 and W1/2 of 8-108-61 also known as 401st Avenue between 221st Street and 222nd Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(2) 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 between E1/2 of 18-108-61 and W1/2 of 17-108-61 also known as 401st Avenue between 222nd Street and 223rd Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(3) 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 between S1/2 of 9-108-61 and N1/2 of 16-108-61 also known as 222nd Street between 402nd Avenue and 403rd Avenue, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(4) 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 south portion section line between SE1/4 of 9-108-61 and SW1/4 of 10-108-61 also known as 403rd Avenue running between the residence located at 22155 403rd Avenue south to 222nd Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and less than one-half mile in length;
(5) 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 between E1/2 of 16-108-61 and W1/2 of 15-108-61 also known as 403rd Avenue between 222nd Street and 223rd Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(6) 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 between E1/2 of 21-108-61 and W1/2 of 22-108-61 also known as 403rd Avenue between 223rd Street and 224th Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(7) 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 East portion section line between SE1/4 of 21-108-61 and NE1/4 of 28-108-61 also known as 224th Street running between the residence located at 40294 224th Street east to 403rd Avenue, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and less than one-half mile in length;
(8) 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 North half of section line between NE1/4 of 28-108-61 and NW1/4 of 27-108-61 also known as the North half of 403rd Avenue running between 224th Street and 225th Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one-half mile in length;
And further said Petition being in proper form and executed by more than the required number of electors of Jackson Township; and further it having been determined that a vacation of said section line highways will better serve the public convenience; and that further this Petition having come on a regular meeting of the Jackson Township Board of Supervisors; and no one appearing in opposition thereto (or in the alternative objection having been heard); and said Supervisors having considered said matter and being fully advised in the premises and considering it advisable to do so;
NOW, THEREFORE, BE IT RESOLVED, AND IT HEREBY ORDERED:
(1) 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 between E1/2 of 7-108-61 and W1/2 of 8-108-61 also known as 401st Avenue between 221st Street and 222nd Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(2) 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 between E1/2 of 18-108-61 and W1/2 of 17-108-61 also known as 401st Avenue between 222nd Street and 223rd Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(3) 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 between S1/2 of 9-108-61 and N1/2 of 16-108-61 also known as 222nd Street between 402nd Avenue and 403rd Avenue, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(4) 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 south portion section line between SE1/4 of 9-108-61 and SW1/4 of 10-108-61 also known as 403rd Avenue running between the residence located at 22155 403rd Avenue south to 222nd Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and less than one-half mile in length;
(5) 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 between E1/2 of 16-108-61 and W1/2 of 15-108-61 also known as 403rd Avenue between 222nd Street and 223rd Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(6) 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 between E1/2 of 21-108-61 and W1/2 of 22-108-61 also known as 403rd Avenue between 223rd Street and 224th Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one mile in length;
(7) 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 East portion section line between SE1/4 of 21-108-61 and NE1/4 of 28-108-61 also known as 224th Street running between the residence located at 40294 224th Street east to 403rd Avenue, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and less than one-half mile in length;
(8) 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 North half of section line between NE1/4 of 28-108-61 and NW1/4 of 27-108-61 also known as the North half of 403rd Avenue running between 224th Street and 225th Street, Jackson Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one-half mile in length;
Be and the same is hereby declared to be vacated; and further that a copy of this Resolution and Order be spread in the minutes of the Jackson Township Board;
IT IS FURTHER ORDERED that said Resolution shall be published in the official/legal newspaper of the respective Townships once each week for two (2) consecutive weeks; and that after such publication, such highway 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, guardrails and culverts are hereby deemed to revert to (not) and become the personal property and possession of Jackson Township.
The Motion to adopt the resolution and order to vacate roadways was made by Supervisor Stacy Senska and was seconded by Supervisor Charles Larson and upon roll call, an unanimous vote was given to pass the resolution and order vacating the above roadways. Therefore, public notice is hereby given on the above action of the Jackson Township Supervisors.
Prepared by:
Earl Hinricher
Jackson Township
Clerk
40473 221st Street
Forestburg, SD 57314
605-495-4241