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CITY OF ELK RIVER <br />. AGREEMENT FOR ISSUANCE OF <br />CONDITIONAL USE PERMIT <br />FOR <br />MINERAL EXCAVATION <br />THIS AGREEMENT, made and entered into this day of <br />1995, by and between the CITY OF ELK RIVER, a municipal <br />corporation organized under the laws of the State of Minnesota (City), and <br />SHIELY COMPANY, a Minnesota corporation (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 <br />on property legally described as follows: <br />All of the south half of the south half of the northwest quarter (Sl/2 of <br />Sl/2 of NWl/4) lying west of U.S. Highway 169, and <br />all of the north half of the southwest quarter (Nl/2 of SWl/4) lying <br />west of U.S. Highway 169, and <br />• the south half of the southwest quarter (Sl/2 of SWl/4) lying west of <br />U.S. Highway 169, except the west one thousand feet (1,000 ft.) of the <br />south seven hundred feet (700 ft.) lying west of U.S. Highway 169, and <br />except that part owned by the State of Minnesota, <br />all in Section ten (10), Township thirty-three (33), Range twenty-six <br />(26), Sherburne County, Minnesota. <br />Further, the applicant's application for a conditional use permit <br />includes a shop to act as a support facility for the mining operation on land <br />legally described as follows: <br />The south half of the southwest quarter of the northeast quarter (Sl/2 <br />of SWl/4 of NE1/4), and <br />the south one hundred feet (100 ft.) of the north one thousand-ninety- <br />nine and four hundredths feet (1,099.4 ft.) of the southeast quarter of <br />the northwest quarter (SEl/4 of NWl/4) lying east of U.S. Highway <br />169 <br />• all in Section ten (10), Range twenty-six (26), Township thirty-three <br />(33), Sherburne County, Minnesota. <br />