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Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:51PM;Je #563;Page 2 <br /> • CITY OF ELK RIVER <br /> AGREEMENT FOR ISSUANCE OF <br /> AMENDED CONDITIONAL USE PERMIT <br /> THIS AGREEMENT, made and entered into this day of , {1996) <br /> 1,1 _97_1 by and between the CITY OF ELK RIVER, a Minnesota municipal corporation <br /> (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota <br /> corporation (hereinafter referred to as the Permittee), [which is owned by SanifillL Inc., a Texas <br /> .agr, i.n ha is , wh 11 r . n-. .. '.';.i .f SA .s - - In . . D-l. .r- <br /> coyporation,1 provides as follows: <br /> WHEREAS, the Permittee owns the real properties described on Exhibit A attached <br /> hereto (hereinafter referred to as the Landfill Property), situated in the City of Elk River; and <br /> WHEREAS, Permittee has been operating a landfill on the Landfill Property prior to <br /> • January 20, 1987, and is currently operating a landfill at that location (the Landfill); and <br /> WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance <br /> authorizing the designation of a Solid Waste Facility (SWF) district effective January 20, 1987: <br /> and <br /> WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted or <br /> conditional use in any zoning district within the City; and <br /> WHEREAS, Permittee's landfill operation on the Landfill Property was a nonconforming <br /> use prior to the adoption of the Amendment; and <br /> WHEREAS, the appropriate and lawful regulation of the use of land for landfill purposes <br /> within the City is a matter of important public need and interest; and <br /> WHEREAS, the residents of the City could be adversely affected by the unregulated <br /> operation of the Landfill; and <br /> WHEREAS, the City rezoned the Landfill Property to SWF district and issued a <br /> Conditional Use Permit and Solid Waste Facility License for the Landfill operation in October, <br /> 1988; and <br /> • WHEREAS, Permittee has applied to the City for[amendment and] renewal of the Solid <br /> Waste Facility License and has requested that the Conditional Use Permit be amended to permit <br />