WHEREAS, a petition of vacation of highway having been received from petitioners, Tyler Hoffman, Karen Hoffman, Brian Moore and Francis Effling, by Benedict Township, Sanborn County, South Dakota asking for the vacation of a section line highways located on the Benedict Township, Sanborn County, South Dakota, hereinafter described, further said petition being in proper form and executed by more than the required number of electors of Benedict Township; and further this petition having come on for hearing at the special meeting of the Benedict Township Board, Sanborn County; and information having been received both in favor and in opposition to the proposed vacation; and said supervisors having considered said matter and being fully advised in the premises and determining the public’s interest will be better served by the proposed vacation;
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 line highway running east and west commonly known as 232nd Street borded by 413th Avenue on the east and 412th Avenue on the west; and bordered on the north by Section 31 Township 107 North, Range 59, Benedict Township, Sanborn County, South Dakota and bordered on the south by Section 6, Township 106 North, Range 59, Diana Township, Sanborn County, South Dakota; said road being approximately 66 feet in width and approximately one (1) mile in length;
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY ORDERED BE, and the same are hereby declared to be vacated; and further that a copy of this Resolution and Order be spread on the minutes of the Benedict 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 first publication thereof, vacated without further proceedings unless appealed as hereinafter provided; 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 be non-removable and shall become the personal property and possession of the landowners.
The above motion was also made by Supervisor Don Klinkner, seconded by Supervisor Ryan Olson and upon roll call, the vote was as follows:
Supervisors:
DON KLINKNER, Aye
RYAN OLSON, Aye
BOB HETLAND III, Aye
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF SANBORN )
I, Margaret Spelbring, being the duty elected, qualified and acting Clerk of the Board of Supervisors of Benedict 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 Benedict Township, Sanborn County, South Dakota, at a special meeting of said Board, held on the 16th day of April 2024, as the same appears and is now recorded in the minutes of the Clerk of the Board of said Benedict Township and that the same true and correct transcript thereoff.
IN WITNESS WHEREOF, I have hereunto set my hand the 18th day of April, 2024.
MARGARET SPELBRING
Clerk
Subscribed and sworn to before me this 18th day of April, 2024.
TAMI ZIEBART
Notary Public, SD
My Commission expires:
September 21, 2027
SEAL
Published on April 25 and May 2, 2024, at the total approximate cost of $80.50 and may be viewed free of charge at www.sdpublicnotices.com.