The herald-advance. (Milbank, S.D.) 1890-1922, 1915-08-13
COUNTY com MISSIONERS.
Official Proceedings Board Of County
Commissioners of Grant County.
Miibank. S. D. july oath. 1919

twp. 100, Range 81, and Sec. 6. Twp.
100, Range so, of Grant county. The
following order on motion was adopt
ed.
State of South Dakota County O
Grant IS.
Before the board OF County Com
missioners OF Grant County, South
Dakota.
In the matter of the location Of q
crossing over the public highway on
the line between sections 80 and IS,
twp. III, range 80, and extending
south on the highway between section
/, twp. 12O, range 81. and section
6, twp 40, range 80, Grant County,
South Dakota.
This matter coming on regularly to
be heard before the Board of County
Commissioners upon this oath day of
July, 1915, there appearing of the
petitioners, John Chaloupka, +. H..
Carlson, Hans Anderson and Ole
Olson, other petitioners not appear
ing ia person or by attorney or other
wise, and the G. Nj. Il ST. +. Ry. Co.
appearing by Thad. l.. Fuller, its
attorney and w. r. Prowrie, its Dis
trict Engineer Of Minneapolis, MINI.
And it appearing that five electors
residents upon a travelled highway up
on a section line in this county and
state above described over and
across which the Chicago, Milwau-
kee & st. Panl Railway have a track
and operate a line Of railroad, have
petitiOned such company TO construct
a crossing where its line of railroad
crosses said highway and that said
railway company did not within
thirty days from the receipt Of such
petition tC construct and build a good
and sufficient crossing for the public,
construct and build such cross.
sing where its line Of railroad
crosses said highway for the reason
that said point of intersection, it vas
not practicable and advisable tO do
so on accoun OF the typography of
the land, being rough and the angle
of the line of road being such thai o
slight change in the highway location
would make it more practicable to
construct and build said crossing.
And the petitioners having request
ed the Board Of County Commiss ions
to alter and change the HIGHWAY as
will be shown hereinafter, and the rail
way company having c%Onsented to
construct a crossing upon the high
way as changed, and at the time
and place specified for the hearing
evidence having been offered and re-
ceived showin5 the public welfare
and convenience demand the con-
stl uction Of the crossing upon the sec
ton line highway as slightly altered
and changed, and the Commissioners
having taken into consideration the
cost OF constructing such crossing
| and the advantage or convenience its
construction would be to the persons
living adjacent to said railroad and
those who would use said crossing,
and having made a full investigation
of all circumstances surrounding the
matter, the County Commissioners
concluded that the Public welfare and
convenience demanded the construc-
ton Of such crossing not Immediately
upon the section line highway, but as
shown by the map described in the
petition of the petitioners for this
hearing prepared by the Chicago,
Milwaukee & ST. Paul Railway Com
pany, an exact description of which
highway and designation of the cross
ing upon said highway is shown in
map and described as follows: A
strip 66 # in width, the center line Of
Wnlcn Is follows:
Commencing at the north east corner of
section 1, township 100. north of range 81 west,
thence northeasterly at right angles to the
center line of the Chicago, Milwaukee 4 St.
Paul Railway to the north right of way line of
said railway company, thence southeasterly in
. straight line to q point on the north line of
section q. township 10 north OF range 20 west,
said point being $3.50 feet east Of the southwest
corner Of section IS. township 12l north OF
range 50 west.
And said railway crossing shall be construct.
Cd by the Chicago, Milwaukee 4 81. Paul Rail.
way Company over its tracks upon the frst
described course Of tho above description, and
which crossing shall be constructed In the fol-
lowing manner: The highway shall DO con-
structed 90 rs to carry the highway over tho
tracks Of said railway company by what is com.
monty known ~ An overhead crossing or
viaduct, together with proper approaches, ami
this order shall be construed to DO an appli.
cation to the State Of South Dakota. thru isa
Commissions OF School and Public Lands for
the purpose Of q certain area OF tho above 1T.
s~cription to b acquired By the Board OF Co.n.
ty Commissioner Of Grant County. South Da-
kota, for county Of Grant for the use o. tie
public, OF that portion Of the above descript.1-
contained within section IS Aforesaid, trim.
$500 acres Of ground, more especially de-
scribed as follows. to-wit:
Beginning at the southwest corner of s~c,io /.
36-121 SO, Grant County, 8. D., thence ea.i slo..x
the township line, 1886 feet to q point; The. ca
north at right angles IS feet to a point: III. nc.
northwesterly In a straight line to a tx,.pt Ia
the section line between sections IS aud Sc,
1916 feet north Of the southwest cor er OF aid
section IS; thence south along said .s:ti,u u Q
1s4.3 feet to beginning; containin. IS II Al
aero. and being . portion OF SWA Of Swk c.
said section s..
And It 10 further ordered, that upon tho ~
livery Of the proper conveyance OF last
described tract transferring the tit 70 ssme
from the State Of South Dakota t. the Cn.n,y
Of Grant, that the grantee named il su~ ron.
vsyancs shall pay the State Of Sou. =. k.ss.
the appraised value thereof as !. oy"i-.. " L.
Il il further ordered. that ,a,i hix Say
above described b altered aud chan fed III tb~