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CITY OF ELK RIVER <br /> AGREEMENT FOR ISSUANCE OF <br /> CONDITIONAL USE PERMIT <br /> FOR MINERAL EXCAVATION <br /> •THIS AGREEMENT, made and entered into this 17 day of , <br /> 2006, by and between the CITY OF ELK RIVER, a municipal corporation organized <br /> under the laws of the State of Minnesota (City), and Midwest_A yhalt. a <br /> Minnesota corporation, hereinafter referred to as(Operator); <br /> WITNESSETH: <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 /> The East V2 of the Northeast 1/4, Northwest Y4 of the Northeast 1/4 East of the <br /> Rail Road, and. Southwest Y of the Northeast 1 East of the Rail Road. <br /> Section 9, all in Township 33,Range 26, Sherburne County, Minnesota. <br /> Pt of the Southeast 1/ of the Southeast 1 which lies Sely of the Sely Line 200 <br /> ft wide strip of Land, Its Centerline Des as follows: Com at Southeast corner <br /> Thence South 89 Deg 42 Min 21 Sec West, Along South Line A Distance of <br /> 1279.14 Feet to Pb of Said Center Line to be Des: Thence North 26 Deg 33 <br /> Min 44 Sec East,A Distance of 1212.16 Ft: Thence Nely A Distance of 238.84 <br /> Ft Along a Tang Curve, Concave to Northwest, with central angle of 04 Deg <br /> 46 Min 37 Sec and a radius of 2864.79 Ft, to intersection with N line & there <br /> term. And which lies Sely of that pt of centerline of 221st Ave Des Doc <br /> #317893. Section 4, all in Township 33, Range 26, Sherburne County, <br /> Minnesota. <br /> (the Property); and <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 />