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<br />CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED CONDITIONAL USE PERMIT NO. 97-02 <br />FOR MINERAL EXCAVATION <br /> <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 /> <br />2005 and this _ day of <br /> <br />, 2006, by and between the CITY OF ELK <br /> <br />RIVER, a municipal corporation organized under the laws of the State of Minnesota <br />(City), and Bauerly Bros., Inc., a Minnesota corporation, hereinafter referred to as <br />(Operator); <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 west half of the southeast quarter (W Y2 of SE ~), east Y2 of the southeast <br />~ of the southeast ~ (E Y2 of SE ~ of SE ~), 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 ~ ). Section 2. Township 33. <br />Range 26. Sherburne County, Minnesota. <br /> <br />(the Property); and <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 /> <br />WHEREAS, the City Council by motion adopted, on this _ day of <br />, 2006 an amended conditional use permit for the operation of a <br />gravel mining operation (the Operation) on the Property, subject to certain <br />conditions, including that Operator enter into a conditional use permit <br />