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RESOUTION#22-O t <br /> A RESOLUTION GRANTING THE APPLICATION FOR A CONDITIONAL USE OF LOT ONE (1)J&B <br /> SUBDIVISION, HALL COUNTY NEBRASKA,AND FORMERLY KNOWN AS A TRACT OF LAND COMPRISING A <br /> PART OF THE WEST ONE HALF OF THE NORTHWEST QUARTER (W1/2NW1/4) OF SECTION THIRTY-FIVE <br /> (35), TOWNSHIP TWELVE (12) NORTH, RANGE TWELVE (12)WEST OF THE 61H P.M., HALL COUNTY, <br /> NEBRASKA. <br /> WHEREAS, BNSF Railway Company, hereinafter referred to as applicant, is the owner of Lot One <br /> (1)J&B Subdivision, Hall County, Nebraska. <br /> WHEREAS, applicant has made its written application for a permit to use the above-described <br /> property for the erection, operation and maintenance of a microwave telecommunication tower; and <br /> WHEREAS, said property is located within the AG-1 Agricultural Zoning District; and <br /> WHEREAS, on '\are-V\15.,Do a Public Hearing was held upon said application by the Hall <br /> County Board of Commissioners following due and proper notice of the same to the public; and <br /> WHEREAS,the Hall county Board of Commissioners is empowered pursuant to the Hall County <br /> Zoning Resolution to grant an application for Conditional Use upon a determination that the proposed <br /> 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 presented and the <br /> factors to.be considered pursuant to subsection D. of Section 11 of Hall County Zoning Resolution, the <br /> use of the aforesaid property for the erection, operation and maintenance of a microwave <br /> telecommunications tower is found to be consistent with the intent of the AG-1 Agricultural Zoning <br /> District and that the application for conditional use is hereby granted subject to the following <br /> conditions, limitations and restrictions; <br /> 1. All waste, rubbish and debris, if any, must be completely cleared from the above-described <br /> real estate as soon as practical and said real estate must, at all times be kept in a clean and neat <br /> condition. <br /> 2. No uses under this resolution shall result in an unreasonable hazard or nuisance to the <br /> adjacent landowners or to the general public. <br /> 3. Nothing in this grant of Conditional Use shall be construed as a grant of right, authority or <br /> permit to allow any use of land, materials or methods which violate any State or Federal Law or Rule or <br /> Regulation of a Federal, State or Local Agency other than as specifically set forth herein. The applicant <br /> shall be required, as a condition of this permit, to comply with all applicable State and Federal Laws and <br /> Regulations including, but not limited to, those pertaining to telecommunications, water quality, <br /> surface drainage, flood control land protection, and environmental quality and protection. Applicant <br /> shall, at all times, comply with any and all tower marking and illumination requirements of the Federal <br /> Aviation Administration and the Federal Communications commission. <br /> 4. The term of this conditional Use Permit shall be for a period of Five (5) years beginning <br /> , 2022, but may be terminated if applicant fails to comply with any of the conditions, <br /> restrictions and obligations set forth herein. In the event of noncompliance,the Hall county Board of <br /> Commissioners shall notify the applicant in writing setting forth the specific area or areas of <br /> noncompliance. If the applicant fails to sure any such noncompliance within 30 days after receiving said <br />