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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 />1997, by and between the CITY OF ELK RIVER, a municipal corporation organized <br />under the laws of the State of Minnesota (City), and TILLER CORPORATION, a <br />Minnesota corporation, hereinafter referred to as (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 on <br />property legally described as follows: <br /> <br />The Northeast Quarter of the Southeast Quarter of Section 4, <br />Township 33, Range 26, lying east of railroad right-of-way, except the <br />North 525 feet thereof; and <br /> <br />The East Half of the Southwest Quarter of Section 3, Township 33, <br />Range 26 lying west of US Highway 169, except the North 525 feet <br />thereof; and <br /> <br />The West Half of the Southwest Quarter of Section 3, Township 33, <br />Range 26, except the North 525 feet thereof; and <br /> <br />That part of the North 1121.92 feet of the Northwest Quarter of <br />Section 10, Township 33, Range 26 lying east of a line which begins at <br />a point on the north line of said Northwest Quarter distant 965.801 <br />feet east, as measured along the north line from the northwest corner <br />thereof; thence south at a right angle 1121.92 feet; and lying west of <br />the westerly right of way line of US highway 169 as laid out and <br />traveled in 1963; <br /> <br />All in Sherburne County, Minnesota. <br /> <br />(the Property); and <br /> <br /> <br />