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RESOLUTION #Ol-~ (01502 A RESOLUTION GRANTING THE APPLICATION FOR A CONDITIONAL USE OF A TRACT OF LAND LOCATED IN THE SOUTHWEST CORNER OF LOT FOUR (4) ON ISLAND IN THE NORTHWEST QUARTER (NW1I4) OF SECTION SEVENTEEN (17), TOWNSHIP NINE (9) NORTH, RANGE TWELVE (12) WEST OF THE 6th P.M., HALL COUNTY, NEBRASKA. WHEREAS, Alltel Communications of Nebraska, Inc., successor in interest to Aliant Cellular, Inc., fonnerly known as Nebraska Cellular Telephone Corporation, hereinafter referred to as pennittee, is the lessee of a tract ofland located in the Southwest Comer of Lot Four (4) on Island in the Northwest Quarter (NW 14) of Section Seventeen (17), Township Nine (9) North, Range Twelve (12) West Of The 6th P.M., Hall County, Nebraska; and WHEREAS, permittee has made its written application for renewal and extension of its pennit to use the above-described property for the erection, operation, and maintenance of a telecommunications tower; and WHEREAS, said property is located within the AG-1 Agricultural Zoning District; and WHEREAS, on August 28, 2001, a public hearing was held upon said application by the Hall County Board of Supervisors following due and proper notice of the same to the public; and WHEREAS, the Hall County Board of Supervisors is empowered pursuant to the Hall County Zoning Resolution to grant an application for conditional use or renew the same upon a detennination that the proposed use is consistent with the intent of the AG-1 Agricultural Zoning District. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the evidence presented and the factors to be considered pursuant to subsection d. of section 11 of the Hall County Zoning Resolution, the use of the aforesaid property for the erection, operation and maintenance of a telecommunications tower is found to be consistent with the intent of the AG-I Agricultural Zoning District and that the application for conditional use is hereby granted subject to the following conditions, limitations, and restriction: 1. All waste, rubbish and debris, if any, must be completely cleared from the above described real estate as soon as practical and said real estate must, at all times, be kept in a clean and neat condition. 2. No uses under this resolution shall result in an unreasonable hazard or nuisance to the adjacent landowners or to the general public. 3. Nothing in this grant of conditional use shall be construed as a grant of right, authority or pennit to allow any use of land, materials or methods which violate any state or federal law or rule or regulation of a federal, state or local agency other than as specifically set forth