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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 Aq.qre.qate <br />Industries - North Central Reqion, Inc., a Minnesota corporation, hereinafter <br />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 Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4), of <br />Section 9, and the East Half of the Northeast Quarter (E 1/2 of NE 1/4) of <br />Section 16, all in 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 October 20, 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 />