HomeMy WebLinkAboutResolution 15-044 �
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City Engineer's Office
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Brookings, SD 57006
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Resolution No. 15-044
REGISTER 0 EEDS �P�
Resolution Approving Right-To-Occupy Easement,
Boys & Girls Club of Brookings, SD
Whereas, the City of Brookings has designated street rights-of-way property for public
access; and
Whereas, the City of Brookings maintains all public rights-of-way; and
Whereas, the City of Brookings has been requested to allow the Boys and Girls Club of
Brookings, South Dakota, the Right-To-Occupy the West Twenty-five Feet (W25') of the
East Two Hundred Feet (E200') of the 12th Street South Right-Of-Way, Adjacent to
Block 7, Hyland Addition, Section 36, T110N, R50W, in the City of Brookings,
Brookings County, South Dakota, for the sole purpose of constructing underground
communication lines.
Now, Therefore, Be It Resolved that the Right-To-Occupy Easement be approved as
shown on Attachment A.
Passed and approved this 28t" day of April, 2015.
CITY OF ROOKINGS
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•�;„���,POa.;,, Tim Reed, Mayor
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i Thornes, City Clerk
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Prepared by: �,
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Brookings City Engineer's Office
520 3�' Street, PO Box 270 ,�4��`a F"aE►'',,, STATE OF SOU�fH DAKOTA COUNTY 0�BROOKiNGS
Brookings, South Dakota 57006 q-��,voe,......,,�,�,�,
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REGISTER Cf C?`�E �P�
RIGHT TO OCCUPY EASEMENT
The City of Brookings, a South Dakota municipal corporation, hereinafter referred
to as "Grantor", for good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant and convey unto the Boys & Girls Club of Brookings,
South Dakota, hereinafter referred to as "Grantee", a perpetual Right To Occupy
Easement, located on, through, over, under and across the premises of the Grantor,
more particularly described as follows:
The West Twenty-five Feet (W25') of the East Two Hundred Feet (E200') of the
12th Street South Right-Of-Way, Adjacent to Block 7, Hyland Addition, Section
36, T110N, R50W, in the City of Brookings, Brookings County, South Dakota.
This easement constitutes a permanent and perpetual grant of right-of-way for
use of the above-described property for the sole purpose of constructing underground
communication lines.
The use of this Easement shall be limited to below grade installation and below
grade use of the above-described property.
Grantee agrees to enclose the utility in a conduit or sleeve to protect said utility,
and agrees to repair any damages which may result to the Grantor's property resulting
from the construction, maintenance, use, replacement, repair or removal of the street,
wiring and conduit located within this Easement. This Easement includes the right of
ingress and egress, to install, construct, maintain, operate, use, repair, alter, inspect
and replace all wiring and conduit used for the purposes of this Easement. Grantee
agrees to register underground communication line with South Dakota One Call.
In Witness Whereof, the parties have caused this instrument to be executed
this 28th day of April, 2015.
CITY OF BROOKINGS, SOUTH DAKOTA
(SEAL) By:
re . eldon, City Manager
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S ari L. Thornes, City Clerk
STATE OF SOUTH DAKOTA )
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County of Brookings )
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On this the a� day of � � , � before me,
ow„.�:,. F�S-r�,r- , the und rsigned officer, personally appeared
Jeifrey W. Weldon, City Manager, and Shari Thornes, City Clerk of Brookings, South Dakota, a
South Dakota Municipal Corporation, known to me or satisfactorily proven to be the persons
whose names are subscribed to the within instrument and acknowledged that they executed the
w�hin and foregoing instrument on behaff of Brookings, South Dakota, as the free act and deed
of Brookings, South Dakota.
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:��:,;�;',�:••�-�"[t d�,fh.�ss whereof, I hereunto set my hand and official seal.
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Easement Exhibit "A"
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Hyland Addition �' J
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� 25.0' � 75.0�
269.88' 60'
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• 12th Street Sout
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270' 10
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Right- -Occupy Easement: °
The W t 25' of the East 200' of the 12th Street South CO
right o ay, adjacent to Block 7, Hyland Addition,
Sectio 36, T110N, R50W, of the City of Brookings,
Brooki s County, South Dakota.
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