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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE OF <br />INTERIM USE PERMIT <br />FOR YARD WASTE SITE <br />THIS AGREEMENT, made and entered into this day of , 2009, <br />by and between the QTY OF ELK RIVER, a municipal corporation organized under the <br />laws of the State of Minnesota (City, and Karl Bekius, hereinafter referred to as (Operator); <br />WITNESSETH: <br />WHEREAS, Operator has made application to City for approval of an interim use <br />permit to operate a yard waste site operation within the City- on property legally described as <br />follows: <br />Part of the Southeast Quarter of the Southeast Quarter which lies southeasterly of <br />the southeasterly line of 2~3 ft, wide strip of land, its centerline described as follows: <br />Comme~icing at the southeast corner thence south 89 degrees 42 minutes 21 seconds <br />west, along south line a distance of 1279.14 feet to point of beginning of said <br />centerline ro be described; thence north 26 degrees 33 minutes 44 seconds east, a <br />distance of 1212.16 feet; thence northeasterly a distance of 238.84 feet along a <br />tangential curve, concave to the northwest, with a central angle of 04 degrees 46 <br />minutes 37 seconds and a radius of 2864.79 feet, to intersection with north line and <br />there terminating. And which lies southeasterly of that part of centerline of 221St <br />Avenue described in Document # 317893. All in Section 4, Township 33, Range 26, <br />Sherburne County, Minnesota. <br />WHEREAS, the City of Elk River Planning Commission and City <br />Council have held hearings on Operator's request for a interim use permit, at which hearings <br />all citizens of the City of Elk River and other interested parties have had the opportunity to <br />be heard on the application; and <br />WI~REAS, the City Council by motion adopted, 2009, approved <br />a interim use permit for the operation of a gravel mining operation (the Operation) on the <br />Property, subject to certain conditions, including that Operator enter into a interim use <br />permit agreement with City so as to fully comply with the City's Mineral Excavation, <br />Zoning, and other applicable ordinances; and <br />