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,~, ~~t/ vc~ '1 ZU~f~ <br />4; <br />CITY OF ELK RIVER <br />AGREEMENT FOR AMENDMENT OF <br />CONDITIONAL USE PERMIT <br />FOR MINERAL EXCAVATION <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 Midwest Asphalt, a Minnesota corporation, <br />hereinafter referred to as (Operator); <br />WITNESSETI~ <br />WI~REAS, Operator has made application to City to amend an existing <br />Conditional Use permit to allow a yard waste site on property legally described as follows: <br />The East Half of the Northeast Quarter, Northwest Quarter of the Northeast <br />Quarter east of the railroad, and Southwest Quarter of the Northeast Quarter east of <br />the railroad, all in Section 9, Township 33, Range 26, Sherburne County. <br />And, <br />Part of the Southeast Quarter of the Southeast Quarter which lies southeasterly of <br />the southeasterly line of 200 ft. wide strip of land, its centerline described as follows: <br />Commencing 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 to 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 />(the Property); and <br />