HomeMy WebLinkAboutRes. 21-025Resolution 21-025
A Resolution to Vacate Lot H-1 in SE1/4 of S36-Tl10N-R50W
Whereas, a Petition for Vacation of Lot H-1 in the Southeast Quarter (SE1/4) of Section
Thirty-six (36), Township One Hundred Ten (110) North, Range Fifty (50) West of the
5t" P.M., City of Brookings, County of Brookings, State of South Dakota has been filed,
the purpose of which is to request that Lot H-1 be vacated because the Lot which is the
subject of the Petition has never been used for street or highway purposes, and is not
required for public transportation, street or highway purposes. The area of Lot H-1 is
approximately .25 acres in size, and was originally conveyed to the City for highway
purposes. The area is more suitable for residential and utility easement purposes. The
real property proposed to be vacated is described as follows:
Lot H-1 in the Southeast Quarter (SEI/4) of Section Thirty-six (36), Township One
Hundred Ten (110) North, Range Fifty (50) West of the 5t" P.M., City of
Brookings, County of Brookings, State of South Dakota; and
Whereas, the Deed currently held by the City, considered as a whole, contains a
reversionary clause which indicates that the City only possesses an easement for
highway purposes which is subject to reversion if the property is not used for highway
purposes. The Deed was obtained nearly 40 years ago, and no use as a highway has
been necessary or is now required. Therefore, this parcel is suitable for reversion to the
owner of the underlying property, which is Denholm Addition, LLC; and
Whereas, Notice of Public Hearing of the aforesaid Petition for Vacation was given and
the Petition was heard and considered by the City Council on Tuesday, March 23, 2021
at 6:00 o'clock P.M., at the Chambers of the City of Brookings, and the City Council
having considered the public comment and weighed any objections to the Petition.
Now Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota that the above-described Lot H-1 is not required for highway purposes and is
therefore hereby vacated, and the Mayor, City Manager and City Clerk are authorized to
convey Lot H-1 to Denholm Addition LLC, the adjoining and underlying owner, subject
to the reservation of a utility easement in the North Ten Feet (N 10') of the above-
described property.
Dated this 23rd day of March, 2021.
CITY OF BROOKINGS, SD
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Keith W. Corbett, Mayor
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4g" ;"obi gkl ,~foster, City Clerk