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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />AMENDED CONDITIONAL USE PERMIT NO. 97-02 <br />FOR MINERAL EXCAVATION <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 />2005 and this day of , 2006, by and between the CITY OF ELK <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 />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 />The west half of the southeast quarter (W %2 of SE 1/), and the southeast 1/ of <br />the southeast 1/ (SE 1/ of SE 1/ ), all in Section 3, Township 33, Range 26, <br />Sherburne County, Minnesota. And the southwest quarter of the southwest <br />quarter (SW 1/ of SW 1/ ), Section 2, Township 33, Range 26, Sherburne <br />County, Minnesota. <br />(the Property); and <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 />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 />