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• <br /> CITY OF ELK RIVER <br /> AGREEMENT FOR ISSUANCE OF <br /> CONDITIONAL USE PERMIT <br /> FOR MINERAL EXCAVATION <br /> THIS AGREEMENT, made and entered into this day of , <br /> 2003, by and between the CITY OF ELK RIVER, a municipal corporation <br /> organized under the laws of the State of Minnesota (City), and Schmidt Gravel <br /> Mining, a Minnesota corporation, hereinafter referred to as (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 on <br /> property legally described as follows: <br /> ID <br /> The Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4), the <br /> North Half of the Northeast Quarter of the Northeast Quarter (N 1/2 of NE <br /> 1/4 of NE 1/4), and the North 200 feet of the South Half of the Northeast <br /> Quarter of the Northeast Quarter (N 200 feet of S 1/2 of NE 1/4 of NE 1/4), all <br /> in Section 10, Township 33, Range 26, 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 <br /> application; and <br /> WHEREAS, the City Council by motion adopted March 17, 2003, <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 conditional use permit agreement <br /> with City so as to fully comply with the City's Mineral Excavation, <br /> • Zoning, and other applicable ordinances; and <br />