5.1. PCSR 08-08-2006 - 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 2006, 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 1/2 of SE ~/), and the west half of the southeast 1/ of the southeast 1/ (E %2 of SE 1/ of SE 1/), and the east half of the southeast ~/ of the southeast 1/ (E %2 of SE 1/ of SE 1/), 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 1/2 of SW 1/), 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 2006 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