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5.6. SR 08-15-2011
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5.6. SR 08-15-2011
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8/12/2011 2:19:06 PM
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,~~~'79a X28798 <br />. ?.. <br />C ear, ^. `I R'. s~.~.. GV.. ~1:Y 1Y. <br />CITY OF ELK RIVER C'; ~ _ ~ ~~ J ~ ~ <br />AGREEMENT F4R ISSUANCE t3F <br />COIr=I?ITI4NAL USE PERI4IIT <br />FoR '98 ~l1L ? 5 r Cl ~. 26 <br />:vaNER.gL E~cAVATI~N ~ ~, . <br />~~ . _. <br />THIS A~REEI~'TENT, made and entered into this 3~ day of <br />~1 ~~ . I996, by and between the CITE OF ELK RIVER., a municipal <br />corporation organized under the Iaws of the State of I~Ii.nnesota (City), and <br />STRAIC~HTLINE E~CA~%ATION INC., a Minnesota corporation and <br />B 4RT0?~ S_~~TD 8, ORA~r~L CO. a Division of miller Corporation, a <br />Nf;nnesota corporation; hereinaftex collectively referred to as (operator); <br />VvZTNESSETH: <br />W~RE.~S, Operator has made application to City for approval of a <br />conditional use permit to operate a gravel mining operation within the City <br />am property IegaIly described as follows: See attached Exhx`bit A. <br />(the Property}; and <br />WHERE.4.S, the City of Ells 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 EIS: River and other <br />interested parties have had the opportunity to be heard on the application; <br />and <br />Vti%HEREAS, the City Council by motion adopted January I~, 1.996, <br />approved a conditional use permit far the operation of a gravel n,i,~,ing <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 I1~ineral <br />Excavation, Zoning, and other applicable Ordinances; and <br />~~REAS, the City's Zoning Ordinance requires that a Conditional <br />Use Permit be issued and that a Conditional Use Permit Agreement far <br />mineral excavation be entered into. <br />NO~r, THEREFORE, in consideration. of the premises and the mutual <br />promises and conditions hereinafter contained, it is hereby agreed as follows: <br />1.) Entire Ae~eemex~t- Except as otherwise provided herein, this <br />Agreement shall constitute the Conditional Use Permit for the Property and, <br />together with the License Agreement to be executed by City and Operator, <br />
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