BARBER COUNTY RESOLUTION NO. 2026-5
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF BARBER COUNTY, KANSAS VACATING A PORTION OF LONE TREE ROAD
WHEREAS, The Board of County Commissioners of Barber County, Kansas (Hereinafter “the Board”), is the governing body of Barber County, Kansas (hereinafter “the County”), and is charged with the responsibility of determining whether roads within the County should be laid out, altered, or vacated, pursuant to K.S.A. 68-102 et seq.; and
WHEREAS, the Board has received a Petition praying for an order vacating certain portions of Lone Tree Road;
WHEREAS, the Board held a public hearing on the Petition in the manner prescribed by law on May 13, 2026, at 10:30 a.m.;
WHEREAS, the Board deems it to be in the public’s interest to vacate a portion of Lone Tree Road pursuant to K.S.A. 68-102;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Barber County, Kansas as follows:
1. That the County pursuant to K.S.A. 68-102 has determined it necessary to vacate a portion of Lone Tree Road described as:
That portion of Lone Tree Road between Blackmore Road and Walstead Road, running north and south on the section line between sections seven (7) and eight (8) in Township Thirty-two (32) south, Range Ten (10) west of the 6th P.M.
2. The Barber County Clerk gave notice of the proposed vacation by publication once in the official county newspaper and by sending notice by certified mail to each owner of property adjoining the easement, at the address where the owner’s tax statement is sent. The Board of Commissioners of Barber County, Kansas held a public hearing on May 13, 2026, concerning the use and/or nonuse of the easement for access, and determined that altering and vacating the easement is in the best interests of the citizens of Barber County, Kansas.
3. The portion of Lone Tree Road and associated right of way is hereby vacated:
EXCEPT THAT any vacation of Lone Tree Road shall not be effective and vacated until such time as Google, LLC is the owner of record of the real property located on the east and west sides of the above described portion of vacated road. In the event that Google, LLC does not become the record owner of such land within 180 days from the date below, this portion of Lone Tree Road shall not be vacated and shall remain in the record as a public, open road.
4. Reserving, however, unto all public or private utility provides lawfully entitled to use the same and currently using the same, a perpetual right-of-way and easement over, under, across, and through the above-described vacated portion of Lone Tree Road for the construction, installation, inspection, operation, repair, replacement, relocation, and removal of utility lines, facilities, and appurtenances, including without limitation electric, gas, water, sewer, telecommunications, fiber optic, cable, and drainage facilities, together with the right of reasonable ingress and egress for such purposes. Nothing herein shall be construed to impair, extinguish, or limit any existing utility easement, permit, or the lawful right of any utility provider.
5. That this Resolution shall be published once in the official County newspaper.
IN WITNESS WHEREOF, this Resolution is ordered entered upon the records of this Board and is adopted at a regular meeting this 22nd day of June, 2026.
BOARD OF COUNTY COMMISSIONERS OF BARBER COUNTY, KANSAS
/s/ Bryan Quick
Bryan Quick,
Chairman
/s/ Adam Mills
Adam Mills
/s/ Mike Roe
Mike Roe
ATTEST:
/s/ Amy Sill
Barber County Clerk
(SEAL)
