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Page 2 <br />• Further, the applicant's application for a conditional use permit <br />includes a shop to act as a support facility for the mining operation on Iand <br />legally described as follows: <br />The south half of the southwest quarter of the northeast quarter (SlJ2 <br />of SW 1/4 of NE 1/4), and <br />the south one hundred feet (100 ft.) of the north one thousand-ninety- <br />nine and four hundredths feet (1,099.4 ft.) of the southeast .quarter of <br />the northwest quarter (SE1/4 of NW1/4) lying east of U.S. Highway <br />169 <br />all i.n Section ten (10), Range twenty-six (26), Township thirty-three <br />(33), Sherburne County, Minnesota. <br />(the Property); and <br />WHEREAS, the City of Eik. 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 April. 17, 1995, <br />approved a conditional use permit for the operation of a gravel mining <br />operation (the Operation) an the Property, subject to certain conditions, <br />including that Operator enter into a License Agreement and Conditional Use <br />Permit Agreement with City so as to fully comply with the City's Mineral <br />Excavation, Zoning,. and other applicable Ordinances; and <br />WHEREAS, the City Council by motion adopted September 18, 1995, <br />approved an amendment to the conditional use. permit for the operation of a <br />ready mix plant on the propert ;and <br />WHEREAS, the City's Zoning Ordinance requires that a Conditional <br />Use Permit be issued and that a Conditional Use Permit Agreement for <br />mineral excavation be entered into. <br />NOW, THEREFORE, in consideration of the premises and the mutual <br />promises and. conditions hereinafter contained, it is hereby agreed as follows: <br />1.) Entire Ag`-reement- Except as otherwise provided herein, .this <br />Agreement shall constitute the Conditional Use Permit for the Property and, <br />together with the License Agreement to be executed by City and Operator, <br />• shall govern the parties rights, xesponsibilities, and obligations with respect <br />cupSHIEL/bz/sr <br />