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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED CONDITIONAL USE PERMIT NO. 97-02 <br />FOR MINERAL EXCAVATION <br />This Conditional Use Permit No. 97-02 was approved by the City Council of the City <br />of Elk River on June 23, 1997, and amended by the City of Elk River on December 13, <br />2005, September 18, 2006 and this-Z�Zday of , 2009, by and between <br />the CITY OF ELK RIVER, a municipal corporation organized under the laws of the <br />State of Minnesota (City), and Knife River, a Minnesota corporation, hereinafter <br />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 />The west half of the southeast quarter (W % of SE 1/), east % of the southeast <br />1/ of the southeast 1/ (E %2 of SE 1/ of SE 1/), all in Section 3, Township 33, <br />Range 26, Sherburne County, Minnesota. And the west half of the south half <br />of the southwest quarter (W Y2 of S Y2 of SW 1/), Section 2, Township 33, <br />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 application; <br />and <br />WHEREAS, the City Council by motion adopted, on this 15th day of <br />June, 2009 an amended conditional use permit for the operation of a gravel <br />mining operation (the Operation) on the Property, subject to certain <br />conditions, including that Operator enter into a conditional use permit <br />