7.5. SR 12-19-2005 - Laserfiche WebLink

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CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERMIT NO. 97-02 FOR MINERAL EXCAVATION This Conditional Use Permit No. 97-02 was approved by the City Council of the City of Elk River on June 23, 1997, and amended by the City of Elk River on this _ day of , 2005, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and Bauerly Bros.. Inc., a Minnesota corporation, hereinafter referred to as (Operator); WITNESSETH: WHEREAS, Operator has made application to City for approval of a conditional use permit to operate a gravel mining operation within the City on property legally described as follows: The west half of the southeast quarter (W % of SE ~), and the west half of the southeast ~ of the southeast ~ (E % of SE ~ of SE ~), and the east half of the southeast ~ of the southeast ~ (E % of SE ~ of SE ~), all in Section 3, Township 33, Range 26, Sherburne County, Minnesota. All in the west half of the south half of the southwest quarter (W % of S % of SW ~), Section 2, Township 33, Range 26, Sherburne County, Minnesota. (the Property); and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on Operator's request for a conditional use permit, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard on the application; and WHEREAS, the City Council by motion adopted, on this _ day of , 2005 an amended conditional use permit for the operation of a gravel mining operation (the Operation) on the Property, subject to certain conditions, including that Operator enter into a conditional use permit agreement with City so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable ordinances; and