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Page 2 <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 /> The south half of the southwest quarter of the northeast quarter (S1/2 <br /> of SW1/4 of NE1/4), and <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 (SE1/4 of NW1/4) lying east of U.S. Highway <br /> 169, <br /> all in Section ten (10), Range twenty-six (26), Township thirty-three <br /> (33), 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 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 /> 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 /> WHEREAS, the City Council by motion adopted April 21, 1997, <br /> approved an amendment to the conditional use permit to allow the hours of <br /> the wash operation to be 6:00 a.m. to 10:00 p.m.; and <br /> WHEREAS, the City's Zoning Ordinance requires that a Conditional <br /> Use Permit be issued and that a Conditional Use Permit Agreement for <br /> mineral excavation be entered into. <br /> NOW, THEREFORE, in consideration of the premises and the mutual <br /> promises and conditions hereinafter contained, it is hereby agreed as follows: <br /> • <br /> s:\b&z\steve r\gravcup.doc <br />