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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />CONDITIONAL USE PERMIT <br /> FOR <br /> MINERAL EXCAVATION <br /> <br /> THIS AGREEMENT, made and entered into this day of <br /> <br /> , 1997, by and between the CITY OF ELK RIVER, a municipal <br />corporation organized under the laws of the State of Minnesota (City), and <br />BAUERLY BROS., INC., a Minnesota corporation, hereinafter referred to as <br />(operator); <br /> <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 <br />on property legally described as follows: <br /> <br />The west half of the southeast quarter (W1/2 of SE 1/4), and <br /> <br />the west half of the southeast quarter of the southeast quarter (W 1/2 <br />of SE 1/4 of SE 1/4), and <br /> <br />the east half of the southeast 1/4 of the southeast 1/4 (E 1/2 of SE 1/4 of <br />SE 1/4), <br /> <br />all in Section 3, Township 33, Range 26, Sherburne County, <br />Minnesota. <br /> <br />Also the west half of the south half of the southwest quarter (W 1/2 of s <br />1/2 of SW 1/4), Section 2, Township 33, Range 26, Sherburne County, <br />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 May 19, 1997, <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 /> <br /> <br />