HomeMy WebLinkAboutResolution 34-1996r
RESOLUTION NO. 34-96
A RESOLUTION APPOINTING A BOARD OF THREE DISINTERESTED
APPRAISERS TO APPRAISE REAL PROPERTY OF THE CITY AND OF A PRIVATE
OWNER FOR THE PURPOSE OF A PROPOSED EXCHANGE OF REAL PROPERTY AND
TO SET A DATE FOR PUBLIC HEARING THEREON.
WHEREAS, the City of Brookings and H&M LAND COMPANY propose to exchange
real property located in the City of Brookings, and
WHEREAS, South Dakota Codified Law Section 9-27-34.1 required that said real
property be appraised by a board of three disinterested appraisers who are freeholders within the
City of Brookings and further requires a public hearing on the proposed exchange of real
property, now therefore
BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota as
follows:
1. That Georgianna Perso, Ron Borchardt, and David Kniep, who are each freeholders
within the City of Brookings, are hereby appointed as the Board to appraise the following
described property:
Real Property of the City to be exchan�
Block Eight (8) of Mayland's First Addition to the City of Brookings, County of
Brookings, State of South Dakota.
Real Propert,y of H&M LAND COMPANY to be acquired:
Lot One (1), Block Two (2) of Mayland's First Addition to the City of Brookings, County
of Brookings, State of South Dakota, together with the portion of the public right-of-way which
is located east of the above described property which is, at a future date, vacated.
2. That the Notice of Hearing attached hereto shall be published once at least ten(10)
days before the Hearing in the Brookings Register and that the Hearing on the proposed exchange
of real property with H&M LAND COMPANY, a private owner, be set for the time and place
set forth in said Notice.
Passed and approved this 7th day of May, 1996.
�
Mayor
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Finance Officer
NOTICE OF HEARING ON PROPOSED EXCHANGE OF
REAL PROPERTY WITH PRIVATE OWNER
NOTICE IS HEREBY GIVEN pursuant to SDCL 9-27-34.1 that the City of Brookings
shall hold a Public Hearing on the proposed exchange of real property owned by the City of
Brookings for real property owned by H&M LAND COMPANY, a private owner.
The city of Brookings proposes to convey to H& M LAND COMPANY, a private
owner, property of the City of Brookings described as follows:
Block Eight (8) of Mayland's First Addition to the City of Brookings, County of
Brookings, State of South Dakota.
The following is a description of the real property owned by H&M LAND COMPANY
to be acquired by the City of Brookings pursuant to this exchange:
Lot One (1), Block Two (2) of Mayland's First Addition to the City of Brookings, County
of Brookings, State of South Dakota, together with the portion of the public right-of-way
which is located east of the above described property which may be vacated at a future
date.
NOTICE IS FURTHER GIVEN that said Hearing will occur at 2:00 o'clock P.M. or as
soon thereafter as this matter may be heard on Tuesday, May 21, 1996, in the City Commission
Chambers, City Ha11, 311 Third Avenue, Brookings, South Dakota. The proposed action would
constitute a Resolution by the City of Brookings to enter into an agreement to exchange the
above described real property.
If you require assistance, alternative formats and/or accessible locations consistent with
the Americans with Disabilities Act, please contact the City Finance Officer at 692-6281 at least
48 hours prior to the hearing.
Any person interested may appear and be heard in this matter.
Dated this 7th day of May, 1996.
i-96 WED 11 �39 Denholm Glover �ritzman FAX N0, 6056924808 P, 03
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AC�U�ITIUN ANn I�faYC1�lT1UN Ub' R�:AI. �SI'A`l�: J-27-35 ?r
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�-27-34� Exchaage of.l�ttds 'wjt�► .'U�ni�ed.��"ba�te�, Any rt,uuicipulity or � t
, oth�r�ol�tical subdivision u�'th� State��f'Suutt� D�kcrta, is t�erehy authprized
and entpoW�red Lo exch�nge �y �isa r4iLh�the r�pt�rcival uP tli� f�c�ers�l �;ov�erll- � '
� mec�t, or �ny a��ncy l�iereof, dr�y,trznds ur at�iei• pro�iei•ties b�lu►a�iiz� ln,�such ' j' '
; municipa li ty o r s u c h p o l i t i c a l ���{U c�i v i s i o n f u r A n y l;�r�!]5�bc:l�au gin g k�i tl�e � i i
' ` United States of Ameri��, qr any a�e�i�y t.hcrro£, loca tu�i w i t h i n �h� c o u r�t y � �s
�' �� makinp e�ch ex�hanb�, or localed wii.liin iha ebu�ity In wt�icli �ucli nu�tilcipal- �
� ��
"� i t y o r'a u c h p q l i t i c�l s u b d i v i�i U t� i s �i t t i a�a d.��u c l i e x�:h�;n�es, tran s��r� i i l l(� �
� conveyances fa•om ane to th� ut�icy�kk�sl�bc n�la�1� u��o�� su�:h tcrr�is, cond��ions ,�°
' and i� �uch manner�� r�iay bo ciete;t�itlinc�� altc� tt�reed upi►h Uy Lhe p�eties lU f;
au4h exehanges. �;
i
�r f *
,;� 3uurec: SL 1953,ch 9�9;SllC Supp �960, $t
' ^,. ' � 45,0209. i ��
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�� 8-27-54.1. �xGhaa��e Qf l��c� with �rivat�uw�er—Appruisul�-.�YuU• ; ,�,
� l t e n o t i e e a n d h e a r i Y��..An Y ��lu#�iei�alit y r�r;a y, by t'ey�ylutiun, �xchailge any � � , �
; . :.:�
land belongi��� to such rc�unicip�lity r'vith � p�'ivati�� uwiacr, T3�fot'e �ntaring .� ' '
� xnto a cantract �01' the ex4�►�►n�e tyf' rca] pra��crty, th� �c�vernix�g body �hall `, ''♦,
. � a �ause the real r rt�h� a�braisec� .�. S� V�H1'd o� lhru� disi»L��'estcd � � ,
+ +�.r.._�_�...,-.-.-�-�r�°'-"V •
" a raisers w}ao arc� fi• . -�n de�w�i4hxis t.li� ii�ui�ici <�lily� b,�onc� i�r �^,�_u_ro ; ' ,
, ' �' ex�hat� e hal! !�e made �
� persa�l er�sed�� t,e stal� to cic;f�,e a ir,ais rlb. Any, �` � i�d � �
,a � upon �uch tcrl�as, conditiuns'�i�d,ii�� ct� naAnnez as ma� Lo dr.l�rmincr� a : ; �
' egreed upon by th� p;�rt.ies, fallowin�p�blic n��tice t�nc� lYa�'itlg. '�1�� il�xice of :�+ ;��,y;
� lhe propoaed exGhange a�d t�earing'slaF�l !�e publi�hed once at lea�t ten days ;,. �
' befure the h�arin�I't►e �otic:� sli��ll,��r��i�� , a �iescri�rlion*of 6he lrind�`to Uo „ I�
•--r--r--• '• �
exchr�nged.
�.,�r.-.�. ;�;,
BuuCce: SL 1987, ch ti5, � 1. ��'
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� 8-27-35. Valid$tion of prio}'. L'u11V1:�'g11C�3 �1y tpUi[tll:l�)�III�1�S — I.in�i- t`,
�� tqliUn ot� enfor4ement'ol,v��f�c1 ri�i�t�.,All ii�atrtun�:n�� of cnnvey�nce uf :i;:
�. ' re�l pi�oporty ma�i� by Any nx��nici�al car��c�rution �z'iw• lu Jamia�'y l, 19y2, ,�<
' ; or�, qO tWi��l�l d T l a,tn� �11�' �t�1 j,b�l�7l�, irt�d�ul:�ritie�, defe4,l,s, in the proci:�din�s. ' z;r
' � an d rasu lu t i o na, had and ,I.dkc;n b� 's,�id r�li►n'sciEi�l cor����rat.ian lo sc1l a'rid ;;�
� ' cunvey the sarnc,l7ereby Validt}tE:d, le�,�t+tjzc:���1d cu�•�c� lu tl�c txtet�t.i,l��t such ��
, cunveyance shall op�rritc� to ccii�,yc;y �q, t,}�� pe�'SUl7 I1t7111Cd �s such g►��r�lee in
" sucli ins6i'umont�3 of cutivey�nci:, n11 uf tlii� i•i�}�t, lille arad intw�est of ��id � '
` �riunicips�l Corporal.ion in a��d to sucl, i�csl �ii•c,�t�•ty. �;,
' If any pereun hr�s any v��lad rioht �n�ny reu,l pro�art.y so co�zveyed, �nc� no
�ction az praceeding to enfo�•te,si��t� ri�ht w�ss bwb�u'�►liefore July 1, 1�9�, su�l► �j-
' ti�;}�t sh�l1 Le f�r�ver bai•re�l; artcl no �ciinn or pr��cee�fin�'sp br��uglit m�y be uf
, , �;
` . any �'orCe or e�'ect, or �Y�ainl¢irir�b�c; iEl �ny c��iu•t of t}►ib a1-aLe unlG•as,,bcfi��'� „
July 1, ��J93, there w�s "rc4ordc:ti i��, k.lic ��tii�� UI'klle t•���I�Ler ��f de�:ds;,csf tl�cs ��
e�ut�ty in �vlYich Ll►e real Efra�er�y'�,����t�� i�sit�ra��c�, ct i►ulici:o�'tl�e peii�eitey �
of such actian, in acc;urd���rc �vith k1��= �1•�vi�iu�y� uf c11��J�te:r 15-111.
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CITY OF
BROOKINGS
City Attorney
418 Fourth Street • P.O. Box 686
Brookings, S.D.57006
Ph. (605) 692-2111
� April 30, 1996
Theo C . Kryger, Finance Officer
City of Brookings
P . O . Box 270
Brookings , South Dakota 57006-0270
Re : Exchange of Real Property Transaction
with H & M LAND COMPANY
Dear Ted :
I have enclosed herein the following revised documents :
1 . Resolution Appointing a Board of Three Disinterested
Appraisers
2 . Notice of Hearing on Proposed Exchange of Real Property
with Private Owner
If the foregoing Resolution is approved, the Notice of Hearing
should be published at least ten ( 10) days before the Hearing on
the proposed exchange with H & M LAND COMPANY . Prior to the
Hearing, we should distribute to the Commissioners a copy of the
proposed Exchange Agreement .
I will prepare same for distribution to the Commission .
I am assuming that H & M LAND COMPANY will acquire any property
which MILLS FAMILY PARTNERSHIP acquires due to a future vacation
of Briarwood .
I am furnishing a copy of this information to DAVF JOHNSON
for his review and information . DAVE , please contact me if you
have any questions or comments concerning this transaction .
Thank you very much .
Sincerely,
DENHOLM , GLOVER & BRITZMAN LAW FIRM
STEVFN J . R
SJB/srl ',
( 4) �
encls .
cc: Dave Johnson , Hospital Board Administrator ( info ) w/encls .
Gregg Jongeling , City Engineer ( info ) w/encls . 'i
NOTICE OF HEARING
ON PROPOSED EXCHANGE OF
REAL PROPERTY WITH PRIVATE OWNER
NOTICE IS HEREBY GIVEN pursuant to SDCL 9-27-34. 1 that the
City of Brookings shall hold a Public Hearing on the proposed
exchange of real property owned by the City of Brookings for real
property owned by H & M LAND COMPANY , a private owner.
The City of Brookings proposes to convey to H & M LAND COMPANY,
a private owner, property of the City of Brookings described as
follows :
Block Eight ( 8) of Mayland ' s First Addition to the
City of Brookings , County of Brookings , State of South
Dakota.
The following is a description of the real property owned by
H & M LAND COMPANY to be acquired by the City of Brookings pur-
suant to this exchange :
Lot One ( 1 ) , Block Two ( 2 ) of Mayland ' s First
Addition to the City of Brookings , County of Brookings ,
State of South Dakota, together with the portion of the
public right-of-way which is located east of the above
described property which may be vacated at a future date.
NOTICE IS FURTHER GIVEN that said Hearing will occur at �
o ' clock P . M . or as soon thereafter as this matter may be heard on
Tuesday, May � 1996, in the City Commission Chambers , City
Hall , 311 Third Avenue , Brookings , South Dakota. The proposed
action would constitute a Resolution by the City of Brookings to
enter into an agreement to exchange the above described real
property.
If you require assistance , alternative formats and/or acces-
sible locations consistent with the Americans with Disabilities
Act , please contact the City Finance Officer at 692-6281 at least
48 hours prior to the h2aring.
Any person interested may appear and be heard in this matter.
Dated this �'�' day of May, 1996 .
THEO C . KRYGER , Finance Officer
City of Brookings , South Dakota
RESOLUTION N0 . ��
A RESOLUTION APPOINTING A BOARD OF THREE DISINTERESTED
APPRAISERS TO APPRAISE REAL PROPERTY OF THE CITY AND OF A PRIVATE
OWNER FOR THE PURPOSE OF A PROPOSED EXCHANGE OF REAL PROPERTY AND
TO SET A DATE FOR PUBLIC HEARING THEREON .
WHEREAS, the City of Brookings and H & M LAND COMPANY propose
to exchange real property located in the City of Brookings , and
WHEREAS, South Dakota Codified Law Section 9-27-34. 1 requires
that said real property be appraised by a board of three disin-
terested appraisers who are freeholders within the City of Brookings
and further requires a public hearing on the proposed exchange of
real property, now therefore
BE IT RESOLVED by the Governing Body of the City of Brookings ,
South Dakota as follows :
1 . That ('r�or ��an��,a �� fso , �o,�, �orc� � rc� � �
�� v;� �;"��� �,,:. �-� , who are each freeholders within the City
o Broo ings , are hereby appointed as the Board to appraise the
following described property:
Real Property of the City to be exchanged :
Block Eight (8) of Mayland ' s First Addition to the �
City of Brookings , County of Brookings , State of South
Dakota .
Real Property of H & M LAND COMPANY to be acquired :
Lot One ( 1 ) , Block Two ( 2 ) of Mayland ' s First
Addition to the City of Brookings , County of Brookings ,
State of South Dakota, together with the portion of the
public right-of-way which is located east of the above
described property which is , at a future date, vacated .
2 . That the Notice of Hearing attached hereto shall be
published once at least ten ( 10) days before the Hearing in the
Brookings Register and that the Hearing on the proposed exchange
of real property with H & M LAND COMPANY, a private owner, be set
for the time and place set forth in said Notice.
Dated this � day of May, 1996.
CITY OF BROOKINGS
Mayor
ATTEST:
Finance Officer
I hereby appraise the following land as follows:
Lot One(1), Block Two (2) ofMayland's First Addition to the City ofBrookings, County
of Brookings, State of South Dakota, together with the portion of the public right-of-way which
is located east of the above described property.
Nt1ME
DATE
I hereby appraise the following land as follows:
Block Eight (8) of Mayland's First Addition to the City of Brookings, County of
Brookings, State of South Dakota.
NAME
DATE
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