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<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 />2007, by and between the CITY OF ELK RIVER, a municipal corporation organized <br />under the laws of the State of Minnesota (City), and Tiller Corooration, a <br />Minnesota corporation, hereinafter referred to as (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 Northeast % of the Southeast % of Section 21, all in Township 33 North, <br />Range 26 West, west of public roadway, Except Parcel 27, Sherburne County, <br />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 />. 2007, a 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 <br />other applicable ordinances; and <br /> <br />WHEREAS, the City's Zoning Ordinance requires that a conditional <br />use permit be issued and that a conditional use permit agreement for mineral <br />excavation be entered into. <br />