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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, June 15, 2009, and this 1st day of June, 2020, 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 1/2 of SE 1/ ), east 1/2 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 %2 of S Y2 of SW 1/), Section 2, Township 33, Range <br />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 permit, <br />at which hearings all citizens of the City of Elk River and other interested <br />parties have had the opportunity to be heard on the application; and <br />WHEREAS, the City Council by motion adopted, on this 1st day of June, <br />2020 an amended 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 with <br />City so as to fully comply with the City's Mineral Excavation, Zoning, and other <br />applicable ordinances; and <br />