RESOLUTION NO. 26-02-02R
RESOLUTION ACCEPTING DEDICATION OF CERTAIN PUBLIC IMPROVEMENTS IN THE DAKOTA ESTATES THIRD SUBDIVISION
WHEREAS, PURPLE COW PROPERTIES, LLC, a South Dakota limited liability company, of 6245 S. Pinnacle Place – Suite 203, Sioux Falls, South Dakota 57108, FORTE OF ABERDEEN, LLC, a South Dakota limited liability company, of 6245 S. Pinnacle Place, Sioux Falls, South Dakota 57108, and DAKOTA ESTATES III, LLC, a South Dakota limited liability company, of 6245 S. Pinnacle Place, Sioux Falls, South Dakota 57108, (each a “Developer”, and hereinafter collectively referred to as the “Developers”), were the original owners of all of the subdivided real property originally platted as “Dakota Estates Third Subdivision to the City of Aberdeen” (identified hereafter as the “Subdivision”), which plat maps are attached hereto as Exhibit A; and
WHEREAS, all lots within the Subdivision are legally described as follows:
Lots 6A, 7B, 7C and 8A in Block 2 of Dakota Estates Third Subdivision in the Southwest Quarter (SW1/4) of Section 6, Township 123 North, Range 63 West of the 5th P.M., Brown County, South Dakota, plat recorded December 28, 2021 as Plat No. 3783 (Parcel IDs 31283, 31285, 31386, and 31387), and any replat thereof, and all public rights-of-way within said real estate to be dedicated to the City of Aberdeen; and
WHEREAS, Developers by petition dated December 11, 2025, request to dedicate, without compensation, to the City of Aberdeen, a South Dakota municipal corporation, and for the City to accept for public use the following public improvements constructed by Developers in rights-of-way, utility easements, and public grounds located wholly within the Subdivision:
a. Water system;
b. Sanitary sewer system;
c. Storm water system;
d. All platted streets in the Subdivision including those streets designated as North Harrison Street from 27th Avenue Northeast to 24th Avenue Northeast and the extension of 27th Avenue Northeast to North Harrison Street;
e. Curb and gutter along all streets; and
f. Sidewalks; and
WHEREAS, said public improvements are in conformance with the applicable subdivision regulations and meet engineering and construction standards established by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Aberdeen hereby appropriates and accepts the following dedicated public improvements in rights-of-way, utility easements, and public grounds in the Subdivision:
a. Water system;
b. Sanitary sewer system;
c. Storm water system;
d. All platted streets in the Subdivision, including those streets designated as North Harrison Street from 27th Avenue Northeast to 24th Avenue Northeast and the extension of 27th Avenue Northeast to North Harrison Street;
e. Curb and gutter along said streets; and
f. Sidewalks constructed within rights-of-way.
BE IT FURTHER RESOLVED that those dedicated public improvements specified above shall hereafter become the property of the City free from all claims from any person or entity and that this Resolution shall operate as a conveyance of each accepted public improvement and that each accepted public improvement placed within a public or platted right-of-way or dedicated public easement is irrevocably dedicated to the public use without any right of reimbursement or compensation to Developers of any kind; and
BE IT FURTHER RESOLVED that Developers shall have no claim, direct or implied, in the title or ownership of the public improvements dedicated to and accepted by the City and that the City hereby takes full title to the public improvements.
BE IT FURTHER RESOLVED that the City hereafter shall enter upon and assume the use, operation, and maintenance according to law of those public improvements accepted.
BE IT FURTHER RESOLVED that the Mayor or City Manager is hereby authorized to execute, and the Finance Officer is authorized to accept, all deeds and instruments necessary to convey the above-described public improvements to the City.
BE IT FURTHER RESOLVED that the Mayor or City Manager is authorized to execute, and to have recorded with the Brown County Register of Deeds, or such official custodian of deeds and instruments, and against all real property within the Subdivision, an affidavit, or similar instrument, acknowledging the City’s acceptance of the above-described public improvements.
The foregoing Resolution was considered at a regular meeting of the City Council on the 23rd day of February, 2026, and upon Roll Call vote the Resolution was adopted.
Number of AYES: 9, Number of NAYS: 0, Members abstaining: None, /s/Travis Schaunaman, Mayor, ATTEST: /s/ Jordan McQuillen, Finance Officer
Published once on February 26, 2026, at the total approximate cost of $53.47 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com