5.1. SR 06-21-2010 - Laserfiche WebLink

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CITY OF ELK RIVER AGREEMENT FDR ISSUANCE E}F C®I~TDITIQNAL USE PER_R~IIT FQR MINERAL EXCAVATIOI~T THIS AGREEMENT, made and entered into this day of , 2010, by and between the QTY OF ELK RIVER, a municipal corporation organized under the lams of the State of Minnesota (City), and Schuer, Inc., a Minnesota corporation, hereinafter referred to as (Operator); ~~ITNESSETH: WHEREAS, Operator has made application to Cityfor approval of a conditional use permit to operate a gravel mining operation within the City on property legally described as f ollou~s: The Northwest Quarter of the Northeast Quarter (l~X~ 1/4 of NE 1/a), the North Half of the Northeast Quarter of the Northeast Quarter (N lh of NE 1/4 of NE 1/), and the North 200 feet of the South Half of the Northeast Quarter of the Northeast Quarter (N 200 ft. of S Ih of NE 1/a of NE '/4), all in Section 10, Township 33, Range 26, Sherburne County, Minnesota. (the Propert~; and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on Operator's request for a conditional use pei-nzit, at which hearings all citizens of the City of Elk River and other interested parties have had the oppomuiity to be heard on the application; and WHEREAS, the Cite Council by motiori adopted September 20, 2004, approved a conditional use permit for the operation of a gravel mining operation (the Operation) on the Property, subject to certain conditions, including that Operator enter into a conditional use permit agreement with City so as to fully= comply- with the City's ~~Iineral Excavation, Zoning, and other applicable ordinances; and WHEREAS, the City's Zoning Ordinance requires that a conditional use permit be issued and that a conditional use permit agreement for mineral excavation be entered into. NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Entire Agreement- Except as otherwise provided herein, this Agreement shall constitute the Conditional Use Permit for the Property and, to be executed by City and Qperator, shall govern the parties rights, responsibilities, and obligations with respect to the operation, subject to the compliance by all parties with applicable city ordinances and state and federal laws.