6.3. SR 09-20-2004 - Laserfiche WebLink

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CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this _ day of , 2004, by and between tbe CITY OF ELK RIVER, a municipal corporation organized under the laws of tbe State of Minnesota (City), and J & B Mining, Inc., a Minnesota corporation, hereinafter referred to as (Operator); WITNESSETH: WHEREAS, Operator has made application to City for approval of a conditional use permit to operate a gravel mining operation within tbe City on property legally described as follows: Soutb Half of tbe Nortbeast Quarter of tbe Nortbeast Quarter (S % of NE % of NE 1/4), Section 10 and Nortbwest Quarter of tbe Nortbwest Quarter (NW % of NW %), Section 11, all in Township 33, Range 26, Sherburne County, Minnesota. (the Property); and WHEREAS, tbe City of Ellr River Planning Commission and City Council have held hearings on Operator's request for a conditional use permit, at which hearings all citizens of tbe City of Ellr River and otber interested parties have had tbe opportunity to be heard on tbe application; and WHEREAS, tbe City Council by motion adopted September 20, 2004, approved a conditional use permit for tbe operation of a gravel mining operation (tbe Operation) on tbe Property, subject to certain conditions, including tbat Operator enter into a conditional use permit agreement witb City so as to fully comply witb tbe City's Mineral Excavation, Zoning, and otber applicable ordinances; and WHEREAS, tbe City's Zoning Ordinance requires tbat a conditional use permit be issued and tbat a conditional use permit agreement for mineral excavation be entered into. NOW, THEREFORE, in consideration of tbe premises and tbe mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Entire Agreement-Except as otberwise provided herein, this Agreement shall constitute tbe Conditional Use Permit for tbe Property and, to be executed by City and Operator, shall govern tbe parties rights, responsibilities, and obligations witb respect to tbe operation, subject to tbe compliance by all parties witb applicable city ordinances and state and federal laws.