Petition filed to vacate portion of North Street, City of Gettysburg

STATE OF SOUTH DAKOTA 

SS

COUNTY OF POTTER

CITY OF GETTYSBURG

PETITION AND AFFIDAVIT

TO VACATE A PORTION OF

NORTH STREET

Potter County, a South Dakota municipal corporation, respectfully petitions the Mayor and the City Council of the City of Gettysburg, South Dakota, as follows:

That your petitioners are the owners in fee of the following described property in Gettysburg, South Dakota; to-wit:

(1) Lots numbered One (1) through Twenty (20), both inclusive, in Block numbered Six (6), First North Side Addition to the City of Gettysburg, Potter County, South Dakota (hereinafter “Parcel I”);

(2) Lots numbered One (1) to Nine (9), both inclusive, and Lots numbered Twelve

(12) to Fourteen (14), both inclusive, in Block numbered Seven  (7), First North Side Addition to the City of Gettysburg, Potter County, South Dakota (hereinafter “Parcel 2”); and

(3)  Block 46 Todd’s Addition to the Village of Gettysburg, Potter County, South Dakota (hereinafter “Parcel 3”).

That the premises owned by said petitioners, as above described, are separated and divided by North Street running east and west between Parcels 1 and 2 and Parcel 3; that Parcel 1, owned by petitioner Potter County as above described, is abutted on the south boundary by North Street running east and west; that Parcel 2 owned by petitioner Potter County as above described, is abutted on the south boundary by North Street running east and west; that Parcel 3, owned by petition Potter County as described above, is abutted on the north boundary by North Street running east and west, and that the said petitioner is the sole owner in fee of the land and premises abutting said street as herein requested to be vacated, all as is more fully shown and set forth in the attached plat of said street proposed to be vacated, which plat is marked Exhibit “B”.

The petitioners request the approximate five hundred thirty feet (530’) of North Street, First North Side Addition to the City of Gettysburg, Potter County South Dakota, beginning at the east boundary of Parcel 2 extending west to the North Street line perpendicular to the west boundary of Block 12, inclusive of any parts already vacated, to be vacated

That the reasons set forth and urged for the proposed partial closing and vacating of said street are as follows, namely:

1. That there is no residential housing on the above-described premises and no visible roadway.

2. That closing the approximate five hundred thirty feet (530’) of North Street, First North Side Addition will not hinder traffic within the plat. That North Street is used mainly to access a building located on Block 46, First North Side Addition to the City of Gettysburg, for equipment storage.

 3. There are no utilities, i.e., electrical, telephone, water or sewer, on North Street along the approximate 530 feet petitioners are requesting to be vacated.

4. That your petitioners know of their own knowledge that vacation of the approximate five hundred thirty feet (530’) of said street will not abridge or destroy the rights of any of the owners in Block 6, Block 7, and Block 46 in First North Side Addition to the City of Gettysburg, Potter County, South Dakota, and further that the partial closing of the same will not obstruct or close any public highway laid out according to law.

5. That Potter County intends to build a highway shop on the west side of the existing highway shop located on Block 46.

NOW THEREFORE, the said petitioner does hereby respectfully petition the said Governing Body of the City of Gettysburg, South Dakota to order this petition filed and to have notice and hearing thereon as provided by law, and thereupon, by resolution of said Governing Body to officially close and vacate said streets as proposed, all as provided by law.

Dated this 7th day of September, 2021.

Jesse Zweber, Chairman

Pat Evanson, Commissioner

William J. Frost, Commissioner

Attest:

Shawne Shaw, Auditor

Subscribed and sworn to before me this 7th  day of September, 2021.

Craig E. Smith, Notary Public

State of South Dakota

My commission expire February 6, 2022.

Published twice at the total approximate cost of $83.75.

-091621-092321

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