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<br />J <br /> <br />Page 2 <br /> <br />all in Section 10, Township 33 North, Range 26 West, Sherburne . <br />County, Minnesota. <br /> <br />Further, the applicant's application for a conditional use permit <br />includes a shop to act as a support facility for the mining operation on land <br />legally described as follows: <br /> <br />The South Half of the Southwest Quarter of the Northeast Quarter <br />(S~ of SW ~ of NE ~), and <br /> <br />The south one hundred feet (100 ft.) of the north one thousand-ninety- <br />nine and four hundredths feet (1,099.4 ft.) of the Southeast Quarter of <br />the Northwest Quarter (SE ~ of the NW ~) lying east of U.S. Highway <br />169, <br /> <br />all in Section 10, Township 33 North, Range 26 West, Sherburne <br />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 application; <br />and <br /> <br />WHEREAS, the City Council by motion adopted April 17, 1995, <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 License Agreement and Conditional Use <br />Permit Agreement with City so as to fully comply with the City's Mineral <br />Excavation, Zoning, and other applicable Ordinances; and <br /> <br />WHEREAS, the City Council by motion adopted October 2, 1995, <br />approved an amendment to the conditional use permit for the operation of a <br />ready mix plant on the property; and <br /> <br />WHEREAS, The City Council by motion adopted April 21, 1997, <br />approved an amendment to the conditional use permit to allow the hours for <br />the wash operation to be 6:00 a.m. to 10:00 p.m.; and <br /> <br />WHEREAS, The City Council by motion adopted September 20, <br />1999, approved an amendment to the conditional use permit to allow <br />the hours for the wash operation, screening, and crushing to be 6:00 . <br />a.m. to 2:00 a.m. and equipment repair 24 hours per day; and <br /> <br />\ \elkriver\sys \shrdoc \b&z\stever\gravcup.doc <br />