BOARD OF COUNTY COMMISSIONERS

OF

FRANKLIN COUNTY, KANSAS

RESOLUTION NO.  07 - 052

A RESOLUTION TO VACATE A PORTION OF HASKELL ROAD IN FRANKLIN COUNTY, KANSAS

            WHEREAS, the Franklin County Commission authorized notice of a proposed vacation of  a certain portion of Haskell Road., Franklin County, Kansas described as follows:

 Beginning at the intersection of the section line between Section 34, Township 17 South, Range 21 East and Section 3, Township 18 South, Range 21 East and the west right-of-way line of the Union Pacific Railroad, thence west 2,850 feet along said section line.

                WHEREAS, the Notice of Public Hearing was published in the official county newspaper on July 18^th, 2007 and July 30^th, 2007; and,

                WHEREAS, notice of the proposed vacation was mailed by certified mail, return receipt requested, to all landowners of record as required by K.S.A. 68-102a notifying said landowners of the proposed vacation and of their right to protest said vacation; and,

                WHEREAS, a hearing was held on Wednesday, July 25, 2007 and August 8^th, 2007, for anyone wishing to protest a closing of the particular road;

NOW BE IT THEREFORE RESOLVED

BY

THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, KANSAS

                That the following road is not a public utility by reason of neglect, non-use, or inconvenience and that said road has become practically impassable and the necessity for said road as a public utility does not justify the expenditure of the necessary funds to repair said road or put the same in condition for public travel and therefore said road is hereby vacated:

            Beginning at the intersection of the section line between Section 34, Township 17 South, Range 21 East and Section 3, Township 18 South, Range 21 East and the west right-of-way line of the Union Pacific Railroad, thence west 2,850 feet along said section line.

This Resolution shall be in full force and effect following its passage by the Board of County Commissioners and its subsequent publication in the official county newspaper.

                WHEREUPON, the Board of County Commissioners of Franklin County, Kansas, passes and adopts this Resolution in regular session, at its chambers in Ottawa, Franklin County, Kansas, this 8^th day of  August,  2007.

/s/ Roy C Dunn                                      /s/ Karen S Farrell                              /s/ John E Taylor

Roy C. Dunn                                           Karen S. Farrell                                   John E. Taylor

Chairman                                                 Commissioner                                      Commissioner

/s/ Donald C Hay                                   /s/ Donald R Stottlemire

Donald C. Hay                                        Donald R. Stottlemire

Commissioner                                         Commissioner

APPROVED, received and recorded this 8^th day of August, 2007.

                                                                                                                                /s/ Shari Perry

Shari Perry

Franklin County Clerk