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<br />. <br /> <br />CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />CONDITIONAL USE PERMIT <br />FOR MINERAL EXCAVATION <br /> <br />THIS AGREEMENT, made and entered into this _ day of <br />2006, by and between the CITY OF ELK RIVER, a.municipal corporation organized <br />under the laws of the State of Minnesota (City), and Midwest Asvhalt, a <br />Minnesota corporation, hereinafter referred to as (Operator); <br /> <br />WITNESSETH: <br /> <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 /> <br />The East % of the Northeast 14, Northwest 14 of the Northeast 14 East of the <br />Rail Road, and Southwest 14 of the Northeast 14 East of the Rail Road. <br />Section 9, all in Township 33, Range 26, Sherburne County, Minnesota. <br /> <br />Pt of the Southeast 14 of the Southeast 14 which lies Sely of the Sely Line 200 <br />ft wide strip of Land, Its Centerline Des as follows: Com at Southeast corner <br />Thence South 89 Deg 42 Min 21 Sec West, Along South Line A Distance of <br />1279.14 Feet to Pb of Said Center Line to be Des: Thence North 26 Deg 33 <br />Min 44 Sec East, A Distance of 1212.16 Ft: Thence Nely A Distance of 238.84 <br />Ft Along a Tang Curve, Concave to Northwest, with central angle of 04 Deg <br />46 Min 37 Sec and a radius of 2864.79 Ft, to intersection with N line & there <br />term. And which lies Sely of that pt of centerline of 221st Ave Des Doc <br />#317893. Section 4, all in Township 33, Range 26, Sherburne County, <br />Minnesota. <br /> <br />(the Property); and <br /> <br />. <br /> <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 />