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Page 2 <br /> all in Section 10, Township 33 North, Range 26 West, Sherburne <br /> ID <br /> County, Minnesota. <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 <br /> (5% of SW 1/ of NE %), 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 (SE 1/ of the NW 1/) lying east of U.S. Highway <br /> 169, <br /> all in Section 10, Township 33 North, Range 26 West, Sherburne <br /> 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 for <br /> the wash operation to be 6:00 a.m. to 10:00 p.m.; and <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 /> \\elkriver\sys\shrdoc\b&z\stever\gravcup.doc <br />