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RESOLUTION#17- C) ,5 <br /> A RESOLUTION GRANTING THE APPLICATION FOR <br /> A CONDITIONAL USE OF J& B SUBDIVISION,HALL COUNTY,NEBRASKA, <br /> AND FORMERLY KNOWN AS A TRACT OF LAND COMPRISING A PART OF THE <br /> WEST ONE HALF OF THE NORTHWEST QUARTER(W 1/2 NW 1/4) <br /> OF SECTION THIRTY-FIVE (35), TOWNSHIP TWELVE (12) NORTH, <br /> RANGE TWELVE (12) WEST OF THE 6TH P.M., HALL COUNTY,NEBRASKA. <br /> WHEREAS, Burlington Northern Santa Fe Corp., hereinafter referred to as applicant, is <br /> the owner of Lot One (1) J & B Subdivision, Hall County, Nebraska, formerly known as a tract <br /> of land comprising part of the West One Half of the Northwest Quarter (W 1/2 NW 1/4) of <br /> Section Thirty-five (35), Township Twelve (12) North, Range Twelve (12) West of the 6th P.M., <br /> Hall County, Nebraska, and more particularly described as follows: <br /> Beginning at the northeast corner of said West One Half of the Northwest Quarter (W 1/2 <br /> NW 1/4); thence westerly, along and upon the north line of said West One Half of the Northwest <br /> Quarter (W 1/2 NW 1/4) a distance of Four Hundred (400.0) feet; thence southerly, parallel with <br /> the east line of said West One Half of the Northwest Quarter (W 1/2 NW 1/4) a distance of Four <br /> Hundred Thirty Three (433.0) feet; thence easterly, parallel with the north line of the said West <br /> One Half of the Northwest Quarter(W 1/2 NW 1/4), a distance of Four Hundred (400.0) feet to a <br /> point on the east line of said West One Half of the Northwest Quarter (W 1/2 NW 1/4); thence <br /> northerly, along and upon the east line of said West One Half of the Northwest Quarter (W 1/2 <br /> NW 1/4) a distance of Four Hundred Thirty Three (433.0) feet to the point of beginning and <br /> containing 3.975 acres more or less; and <br /> WHEREAS, applicant has made its written application for a permit to use the <br /> above-described property for the erection, operation and maintenance of a microwave <br /> telecommunications tower; and <br /> WHEREAS, said property is located within the AG-1 Agricultural Zoning District; and <br /> WHEREAS, on April 4, 2017, a public hearing was held upon said application by the <br /> Hall County Board of Supervisors following due and proper notice of the same to the public; and <br /> WHEREAS, the Hall County Board of Supervisors is empowered pursuant to the Hall <br /> County Zoning Resolution to grant an application for conditional use upon a determination that <br /> the proposed use is consistent with the intent of the AG-1 Agricultural Zoning District. <br /> NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the evidence <br /> presented and the factors to be considered pursuant to subsection d. of section 11 of the Hall <br /> County Zoning Resolution, the use of the aforesaid property for the erection, operation and <br /> maintenance of a microwave telecommunications tower is found to be consistent with the intent <br /> of the AG-1 Agricultural Zoning District and that the application for conditional use is hereby <br /> granted subject to the following conditions, limitations and restrictions: <br />