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CITY OF ELK RIVER <br /> . AGREEMENT FOR ISSUANCE OF <br /> CONDITIONAL USE PERMIT <br /> FOR <br /> MINERAL EXCAVATION <br /> THIS AGREEMENT, made and entered into this day of <br /> , 1997, by and between the CITY OF ELK RIVER, a municipal <br /> corporation organized under the laws of the State of Minnesota (City), and <br /> BAUERLY BROS., INC., a Minnesota corporation, hereinafter referred to as <br /> (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 <br /> on property legally described as follows: <br /> The west half of the southeast quarter (W1/2 of SE 1/4), and <br /> the west half of the southeast quarter of the southeast quarter (W 1/2 <br /> of SE 1/4 of SE 1/4), and <br /> • the east half of the southeast 1/4 of the southeast 1/4 (E 1/2 of SE 1/4 of <br /> SE 1/4), <br /> all in Section 3, Township 33, Range 26, Sherburne County, <br /> Minnesota. <br /> Also the west half of the south half of the southwest quarter (W 1/2 of s <br /> 1/2 of SW 1/4), Section 2, 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 /> WHEREAS, the City Council by motion adopted May 19, 1997, <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 />