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CITY OF ELK RIVER <br />AGREEMENT FOR ISSUANCE 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 CITY OF ELK RIVER, a municipal corporation organized under the <br />laws of the State of Minnesota (City), and Knife River, a Minnesota corporation, hereinafter <br />referred to as (Operator); <br />WITNESSETH: <br />WHEREAS, Operator has made application to City for approval of a conditional use <br />permit to operate a gravel wash operation within the City on property legally described as <br />follows: <br />The west half of the southeast quarter (W '/z of SE '/a), east '/z of the southeast '/a of the <br />southeast '/4 (E '/z of SE '/a of SE '/a), all in Section 3, Township 33, Range 26, Sherburne <br />County, Minnesota. And the west half of the south half of the southwest quarter (W '/z of S <br />'/z of SW '/a), Section 2, Township 33, Range 26, Sherburne 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 permit, at which <br />hearings all citizens of the City of Elk River and other interested parties have had the <br />opportunity to be heard on the application; and <br />WHEREAS, the City Council by motion approved an amendment to the conditional <br />use permit, allowing a gravel washing operation on the Property, subject to certain <br />conditions, including that Operator enter into a conditional use permit agreement with City <br />so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable <br />ordinances; and <br />NOW, THEREFORE, in consideration of the premises and the mutual promises <br />and conditions hereinafter contained, it is hereby agreed as follows: <br />