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Page 2 <br /> <br /> Further, the applicant's application for a conditional use permit <br />includes a shop to act as a support facility for the mining operation on land <br />legally d~scribed as follows: <br /> <br />The south half of the southwest quarter of the northeast quarter (S1/2 <br />of SW1/4 of NE1/4), and <br /> <br />the south one hundred feet (100 ft.) of the north one thousand-ninety- <br />nine and four hundredths feet (1,099.4 ft.) of the southeast quarter of <br />the northwest quarter (SE1/4 of NWl/4) lying east of U.S. Highway <br />169, <br /> <br />all in Section ten (10), Range twenty-six (26), Township thirty-three <br />(33), 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 application; <br />and <br /> <br /> WHEREAS, the City Council by motion adopted April 17, 1995, <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 License Agreement and Conditional Use <br />Permit Agreement with City so as to fully comply with the City's Mineral <br />Excavation, Zoning, and other applicable Ordinances; and <br /> <br /> WHEREAS, the City Council by motion adopted October 2, 1995, <br />approved an amendment to the conditional use permit for the operation of a <br />ready mix plant on the property; and <br /> <br /> WHEREAS, the City Council by motion adopted April 21, 1997, <br />approved an amendment to the conditional use permit to allow the hours of <br />the wash operation to be 6:00 a.m. to 10:00 p.m.; and <br /> <br /> WHEREAS, the City's Zoning Ordinance requires that a Conditional <br />Use Permit be issued and that a Conditional Use Permit Agreement for <br />mineral excavation be entered into. <br /> <br /> NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and conditions hereinafter contained, it is hereby agreed as follows: <br /> <br />s:Xb&zksteverXgravcup.doc <br /> <br /> <br />