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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 � day of <br />2008, 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 />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 North 1/2 of Section 22 West of Trunk Highway 169, and the North 1/2 of <br />Section 21 East of RR ROW and South and East of Woodland Trails Park, <br />and the North Y2 of the Northwest 1/ of the Southeast 1/ Section 21, and the <br />North Y2 of the Northeast 1/ of the Southwest 1/ of Section 21 and the <br />Southwest 1/ of Section 16 East of the RR ROW and Woodland Trails park <br />and South of County Highway 33, all in Township 33 North, Range 26 West, <br />Sherburne County, 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 />WHEREAS, the City Council by motion adopted on this 19th day of <br />March, 2007, an amended conditional use permit for the operation of a gravel <br />mining operation (the Operation) on the Property, subject to certain <br />conditions, including that Operator enter into a conditional use permit <br />agreement with City so as to fully comply with the City's Mineral Excavation, <br />Zoning, and other applicable ordinances; and <br />