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Home My WebLink AboutResolution 52-2001 RESOLUTION NO. 52-01 VACATION OF EASEMENT IN LOT 10,LEFEVRE ADDITION BE IT RESOLVED BY THE CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, The City of Brookings has been granted a certain utility easement along the south 20 feet of Lot 10, granted to the City of Brookings for the construction and maintenance of an overhead electric service line. The easement was granted in a quit claim deed from American Oil Company to LeFevre Motor Co., which was filed in the office of the Brookings County Register of Deeds on October 5, 1972, and recorded in Book 86 of Deeds, Pages 498 and 499, and WHEREAS, The City of Brookings does not maintain any overhead electric service line along the south 20 feet of Lot 10, and there is no need for the City to retain an easement for the construction and maintenance of an overhead electric service line. NOW, THEREFORE,BE IT RESOLVED by the Governing Body of the City of Brookings that the easement on the south 20 feet of Lot 10, LeFevre Addition as recorded in Bo�ok 86 of Deeds Pages 498 and 499 be vacated. FURTHERMORE,that a copy of this resolution be filed with the Brookings County Register�`f I�eeds �nd that said Register of Deeds be requested to file this to the proper miscellaneous record. Passed and approved this 13`�day of November 2001. CITY OF BROOI�NNGS , ---� 3 � � �,� Virgil H. rriott, Mayor �r��}�`�'• m � ��P ' :� /� oGr � v/ //�� ornes, City Clerk . ` � BROOKINGS • . . . . . municipal utilities 525 Western Ave,PO Box 588 Brookings SD 57006 (605)692-6325 City Engineer 11/1/O1 Greg Jongeling City Hall Brookings, SD 57046 Greg, I am writing in response to the request of easement vacation by the Rivett Group on Lot 10 of the LeFevre Addition. Vacation of the old easement for the south 20' of Lot 1� is not a problem for the Brookings Utilities. Vacation of the north 5' of Lot 10 is not a big problem either, however, the question does arise for the need to vacate this easement. If there is not an apparent need for vacation, such as zoning needs or set • back restrictions, we would just as soon not vacate. Sincerely, -��9'1.�.� �:�v° Tom Honkomp Brookings Municipal Utilities Electric Construction Supervisor • �E • . LL LV�LL 1910 Eighth Avenue N.E. P. O. Box 4850 Aberdeen, SD 57402-4850 �Ou�, �.�.�. (605) 229-8855 FAX (605) 229-8915 PAUL D. PETTIT Executive Vice President Motel Operations October 29, 2001 City Council City of Brookings PO Box 270 Brookings, SD 57006 To the Members of the City Council: The Rivett Group, L.L.C., owner of Lot 10 of LeFevre Addition to the City of Brookings, • Brookings County, South Dakota (Lot 10), hereby petitions the City Council to vacate the following easements: 1. The easement, along the south 20 feet of Lot 10, granted to the City of Brookings for the construction and maintenance of an overhead electric service line. The easement was granted in a quit claim deed from American Oil Company to LeFevre Motor Co., which was filed in the office of the Brookings County Register of Deeds on October 5, 1972, and recorded in Book 86 of Deeds, Pages 498 and 499. The City of Brookings does not maintain any overhead electric service line along south 20 feet of Lot 10. There is no need for the City to retain an easement for the construction and maintenance of an overhead electric service line. 2. The easement, 5 feet in width, along the north boundary of Lot 10, granted to the City of Brookings in the Plat dated September 10, 1979, and filed October 9, 1979, in the office of the Brookings County Register of Deeds, and recorded in Book 13 of Plats, Page 84. Since Lots 9 and 11 of the LeFevre Addition to the City of Brookings, Brookings County, South Dakota have been developed and have been connected with all utilities provided by the City, and since all utilities provided by the City will be connected at the lot line of Lot 10, the City has no need for the easement along the north lot line. • • City Council October 29, 2001 Page 2 ' For the reasons set forth in this letter, The Rivett Group, L.L.C., owner of Lot 10, petitions the City Council to vacate such easements. Respectfully submitted, THE RIVETT GROUP, L.L.C. �� Paul D. Pettit Executive Vice President Motel Operations PDP:pm cc: Mr. Michael Williams, City Manager • � � . . 10 04 - � ��'�� - �� ,, � TERMINATION OF EASEMENT Tlie City of Brookings, South Dakota,a South Dakota Municipal Corporation,of the County of Brookings,State of Soutli Dakota,hereby certifies,that a certain Easement dated the 2�st day of November, 1972,created and granted by the tenns of a certain Quit Claim Deed by LeFEVRE MOTOR COMPANY,INC.,Grantor,to the City of Brookings, South Dakota,upon the following real property situated in the County of Brookings, State of South Dakota,described as follows: Tract One(1),a part of the Northeast Quarter(NE '/,)of Section Thirty(30),Township One Hundred Ten(110)North,Range Forty-nine(49)West of the Sth P.M.,County of Brookings, State of South�Dakota, located over,across and through property described as fo)lows: As strip of land Twenty feet(20')in width along the extreme Western edge of Tract One(1),a part of the Northeast Quarter(NE '/,)of Section Thirly(30),Township One Hundred Ten(110)North,Range Forty-nine (49)West of the Sth P.M.,County of Brookings, State of South Dakota, more particularly described as commencing 250' South of the Northwest Corner of said Tract One(1);tl�ence South along the western property line to the Southwest corner of said Tract One(I);thence East along the Southerly property line to the Southeast Corner of said Tract One(1)and thence terminating, said Quit Claim Deed being recorded in the office of the Register of Deeds of said Brookings County, South Dakota, in Book 86 of Deeds,pages 762-763 thereof,on the 22nd day of November, 1972, at 3:20 o'clock P.M., is hereby terminated because the City of Brookings does not desire to retain an easement to construct and maintain an overhead electric service line upon the property described above. Dated this 3 rdday of December,2001. NOTE: The affected properties are now known as Lots 5,8,9,10 and 11 of LeFevre Addition to CITY OF BROOKINGS, SOUTH DAKOTA the City of Brookings, SD Prepared by: �� STEVEN J. BRITZMAN By:�� Attorney at Law Virgil H erriott,Mayor 319 Fifth Avenue �.��p°RRoo Brookin s South Dakota 57006 '' � �''`''��'' g , o �•N 0 � ATTEST: y`'s L. Thornes, Cit " � � � ` � r� : �.�._ - - -__. i0 05 � . STATE OF SOUTH DAKOTA STATE OF SOUTH DAKOTA ) ' )ss County of Brookings County of Brookings ) �� Filed for record this�day of On this the 3rd day of December, 2001, aOo� //•'6'� before me, ,�o�uCNSCNERE2 , the a � C.- �fi at o'clock undersigned officer, personally appeared Virgil �.M.,and recorded in Book ��v� of H. Herriott, Mayor and Shari L. Thornes, City ``�„",111 Clerk, of the CITY OF BROOKINGS, South �'I.�. ,Page �� OJ ,a,.�* F R� '�a,, D�ota, known to me to be the persons whose ' � ""�`�a� , names are subscribed to the within inshwnent �P f•''" ••� . By �q r' ��o ti, ; and acknowledged that they executed the within ; � ty'+� = s and foregoing insttvment on behalf of said u ��' � � � Munici p a l Corporation as the fr e e act and deed �,��.., yry ''? - . � � ''�� ••••••••�d'�,` of the City of Brookings, a South Dakota Re ister a1�� B ��"�� Municipal Corporation. In witness whereof, I hereunto set my hand and official seal. Notary Public, State of South Dakota My Commission expires (o-S-d o0 7 ' +��: + s JAN DUCHSCHERER �� S UTH DAKOTA S�R +��f� ♦ �, _ <_ _ i V O 2 . �. , � � �J TERMINATION OF EASEMENT Tl�e City of Brookings, South Dakota,a South Dakota Municipal Corporation,of the County of Brookings, State of South Dakota,liereby certifies,that a certain Easement dated the � 21"day of September, 1972,created and granted by the terms of a certain Quit Claim Deed by THE AMERICAN O1L COMPANY,Grantor,to the City of Brookings, Soutli Dakota, upon the following real property situated in tl�e County of Brookings, State of Soutli Dakota,described as follows: Tract One(1),a part of the Northeast Quarter(NE '/,)of Section Thirty(30),Township One Hundred Ten(110)North,Range Forty-nine(49) West of the 5'h P.M.,County of I3rookings, State of South Dakota, located over,across and through properly described as follo�vs: As strip of land Twenty feet(20') in width along the extreme Western edge of Tract One(1),a part of tl�e Nortlieast Quarter(NE '/,)of Section Thirty(30),Township One Hundred Ten(110)North, Range Forty-nine (49)West of tl�e 5'h P.M.,County of Brookings, State of Soutli Dakota, more particularly described as commencing 250'South of the Northwest Corner of said Tract One(1);thence South along the western property line to tlie Soutliwest corner of said Tract One(I); thence East along the Southerly property line to the Soutl�east Corner of said Tract One(I) and thence terminating, said Quit Claim Deed being recorded in tlie office of tl�e Register of Deeds of said Brookings County, South Dakota, in Book 86 of Deeds,pages 598-599 tl�ereof,on the Sth day of October, 1972, at 8:20 o'clock A.M., is l�erebv terminated because tlie City of Brookings does not desire to retain an easement to construct and maintain an overhead electric service line upon the property described above. .' Dated this �� day of December,2001. NOTE: The affected properties are now known as Lots 5,8,9,10 and 11 of LeFevre Addition to CITY OF BROOKINGS, SOUTH DAKOTA the City of Brookings, SD Prepared by: STEVEN J. BRITZMAN By: Attorney at Law Virgil H rriott,Mayor � 319 Fifth Avenue Brookings, South Dakota 57006 . . �. ATTEST: C� . �/'�VY/�J �5hari L. Thornes, City Clerk , Is ` " 1 , , . �� L . �� I .' - . ''�+ �.+� �nr�.� r - . 1003 . STATE OF SOUTH DAKOTA ) ' STATE OF SOUTH DAKOTA )ss County of Brookings ) � ' County of Brookings � On this the .3'�°�ay of December, 2001, Filed for record this �p day of before me, �^/ ,�juCHSCkE�eER, the otoo� ��3 a undersigned officer, personally appeared Virgil ,DQ�._- , #�F at o'clock H. Herriott, Mayor and Sliari L. Thornes, City .M.,and recorded in Book �l0 Q of� Clerk, of the CITY OF BROOKINGS, South — Dakota, knovai to me to be the persons whose f�1.�. , Pa e��v°�' fo u3 ;:��,,,,,""„{,,► names are subscribed to the widun instrument g ti� P��s tr; ,�y and acknowledged that diey executed the wiilun g 3 a?� ��'� � and foregoing instrument on behalf of said Y . i 4: De ut �� ' Municipal Corporation as the free act a�id deed + n,� ��'• e�TY �S of the City of Brookings, a South Dakota �� • r _ ' o -s'' •f Municipal Corporation. Register o ..'��ti;��' � In witness whereof, I hereunto set my hand and officia seal. Z+Ci2c�u.�2J otary Public, State of Soutli Dakota My Commission ex�s. -,�i -�o 07 .��;,,,�� •: �.'e �h��A � JAN DUCH:7CHERE42 '� ��' .� NOTARY f'UF3LIC �'- ,�• ;� 3�� SOUTH DAKOTA Cp�� ,�: .}�s ��'4