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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />CONDITIONAL USE PERMIT <br /> FOR MINERAL EXCAVATION <br /> <br /> THIS AGREEMENT, made and entered into this __ day of ., <br />2003, by and between the CITY OF ELK RIVER, a municipal corporation <br />organized under the laws of the State of Minnesota (City), and $¢hmidt Grave! <br /> <br />Min~n_~t, a Minnesota corporation, hereinafter referred to as (Operator); <br /> WITNESSETH: <br /> <br /> WHEREAS, Operator has made application to City for approval of a <br />conditional use permit to operate a gravel mining operation within the City on <br />property legally described as follows: <br /> <br />The Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4), the <br />North Half of the Northeast Quarter of the Northeast Quarter (N 1/2 of NE <br />1/4 of NE 1/4), and the North 200 feet of the South Half of the Northeast <br />Quarter of the Northeast Quarter (N 200 feet of S 1/2 of NE 1/4 of NE 1/4), all <br />in Section 10, Township 33, Range 26, Sherburne County, Minnesota. <br /> <br />(the Property); and <br /> <br /> WHEREAS, the City of Elk River Planning Commission and City <br />Council have held hearings on Operator's request for a conditional use <br />permit, at which hearings all citizens of the City of Elk River and other <br />interested parties have had the opportunity to be heard on the <br />application; and <br /> <br /> WHEREAS, the City Council by motion adopted March 17, 2003, <br />approved a conditional use permit for the operation of a gravel mining <br />operation (the Operation) on the Property, subject to certain conditions, <br />including that Operator enter into a conditional use permit agreement <br />with City so as to fully comply with the City's Mineral Excavation, <br />Zoning, and other applicable ordinances; and <br /> <br /> <br />