WHEREAS, a Joint Petition for Vacation of Highway having been received from Petitioners: John Bechen and Gayle Bechen of Butler Township, and Petitioners: Kelly Y. Olson and John E. Frey of Ravenna Township, Sanborn County, South Dakota, asking for the vacation of a section line highway located on the Butler and Ravenna Township line, Sanborn County, South Dakota, hereinafter described.
Further said Petition being in proper form and executed by more than the required number of electors of Butler and Ravenna Townships; and further this Petition having come on for hearing at a special meeting of the Butler and Ravenna Township Boards, 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 fuly 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 described as:
The North half (1/2) lying on the section line highway running North and South commonly known as 412th Avenue bordered by 239th Street on the South and 238th Street on the North; and bordered on the West by Section 1, Township 105 N, Range 60 W, Sanborn County, South Dakota and on the East by Section 6, Township 105 N, Range 59 W, Sanborn County, South Dakota and said road being approximately 66 feet in width and approximately one half (1/2) mile in length according to the maps on file with the Butler and Ravenna Township Clerks.
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 Boards;
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 Clerks herein are 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 Ravenna Township Supervisor Randy Cope, seconded by Supervisor Walter Cope, and upon roll call,
Ravenna Township Supervisors: Randy Cope – Yes, Walter Cope- Yes, Kelly Olson – Yes; Butler Township Supervisors: Bob Steckel – Yes, Douglas Northrup – Yes, Curtis Adams – Yes.
STATE OF SOUTH DAKOTA )
:SS
COUNTY OF SANBORN )
I, Paula Northrup, being the duly elected, qualified and acting Clerk of the Board of Butler Township and I, Judy Fredrichs, being the duly elected, qualified and acting Clerk of the Board of Ravenna 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 said Townships, Sanborn County, South Dakota, at a special joint meeting of said Boards, held on the 23th day of July, 2024, as the same appears and is now recorded in the minutes of the clerk of the Boards of said Butler and Ravenna Townships and that the same is a true and correct transcript thereof.
IN WITNESS WHEREOF, I havehereunto set my hand this eighth day of August 2024.
Paula Northrup
Butler Township Clerk
Judy Fredrichs
Ravenna Township Clerk
Subscribed and sworn to before me this eighth day of August 2024.
PENNY HOHBACH
Notary Public, S.D.
My commission expires:
June 17, 2028
SEAL
Published on August 15 and August 22, 2024, at the total approximate cost of $89.50 and may be viewed free of charge at www.sdpublicnotices.com.
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