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1325 Eagandale Ct - Termination of Roadway EasementTERMINATION OF ROADWAY EASEMENT THIS TERMINATION OF ROADWAY EASEMENT i.s made this day of , 1987, by ALSCOR INVESTORS JOINT VENTURE, a Minnesota general partnership (hereinafter referred to as "Declarant"), with reference to the following facts and circum.?tanrPS- A. Declarant is the fee owner of certain real property located in Dakota County, Mi.nnesota, legally described as follows: Lot 2, Block 1, Eagandale Center Industrial Park No. 7, according to the recorded plat thereof (hereinafter referred to as the "Subject Property"), and is also the fee owner of'certai.n adjoining property legally descri.bed as follows; Lor_ 3, Block 1, Eagandale Center Industrial Park No. 7, according to the recorded plar thereof, excepr_ that part of said Lot 3 taken for Tract B, Registered Land Survey Number 47 (hereinafter referred to as the "Benefitted Property"), B. Pursuant to the terms of r_hat certain Declaration of Roadway Easement dated March 21, 1985, recorded July 14, 1985, as Document No. 149092 (hereinafter referred to as the "Declaration"), Declarant has created an appurtenant easement for roadway purposes for the benefi-r_ of the Benefitted Property, across the Subject Property. C. The Declaration provides that said Roadway Easement may be terminated by the fee ti.tle holder of the Subject Property ar_ such time as alr_ernate access is provided directly to a public road, and such public access is now availaple for the Benefitted Properr_y across Eagandale Court, a cul-de-sac adjoi.ning the Benefitted Properr_y at its southeasar_ corner. NOW, THEREFORE, i.n consideration of the foregoing facts and cir- cumstances, and for other good and valuable consideration, Declarant does hereby terminate the Declaration and the easement created there- by, effecr_ive as of the date that the consent of the Ci.ty of Eagan, Minnesora, hereinafter set forth is executed. iN WITNESS WHEREOF, Declarant has caused this Termination of Roadway Easement to be executed as of the day and year first above wrir_ten. ALSCOR INVESTORS JOINT by Opus Corporation, Ir_s By ts CONSENT VENTURE General Partner The City of Eaqan, Minnesota, hereby consents to the foreqoing Terminar.ion of Roadway Easement created by the Declaration. Attest; THE CITY OF EAGANt MINNESOTA By City Clerk Mayor STATE OF MINNESOTR) ) ss. COUNTY OF HENNEPIN) The foregoing was acknowledged before me this (iay of , 1987, by , - of Opus Corporation, a Minnesota corporation, general partner of Alscor Investors Joint Venture, a Minnesota general part- nership, on behalf of the partnership. Notary Publi.c STATE OF MINNESOTA) 1 SS, COUNTY OF DAKOTA) The foregoing was acknowledged before me this day of , 1987, by , Mayor, and , City Clerk, of the City of Eagan, Minnesota, a Minnesota muni.cipal corporation, on behalf of the corporation. Notary Public This instrument was drafted by: Marc L. Rruger 800 Opus Center 9900 Bren Road East Minnetonka, Minnesota 55343 -2- Z4-MIWGL 11/O1/89 MLK TERMINATION OF ROADWAY EASEMENT THIS TERMINATION OF ROADWAY EASEMENT is made this 30{'{?day of (JpUp?(n,Lbe,l/. 1989, by MIW - GL PARTNERS, a Nevada general partner- ship (hereinafter referred to as "Owner"), with reference to the following facts and circumstances: A. Owner is the fee owner of certain real property located in Dakota County, Minnesota, legally described as follows: Lot 2, Block 1, Eagandale Center Industrial Park No. 7, according to the recorded plat thereof (hereinafter referred to as the "Subject Property"), and is also the fee owner of certain adjoining property leqally described as follows: Lot 3, Block 1, Eagandale Center Industrial Park No. 7, according to the recorded plat thereof, excepr that part of said Lot 3 taken for Tract B, Registered Land Survey No. 47 (hereinafter referred to as the "Benefitted Property"). B. Pursuant to the terms of that certain Declaration of Roadway Easement dated March 21, 1985, recorded July 14, 1985, as Document No. 149092 (hereinafter referred to as the "Declaration"), an appurtenant easement for roadway purposes for the benefit of the Benefitted Property, across the Subject Property, was created. C. The Declaration provides that said Roadway Easement may be terminated by the fee title holder of the Subject Property at such time as alternare access is provided directly to a public road, and such public access is now available for the Benefitted Property across Eagandale Court, a cul-de-sac adjoining the Benefitted Property at its southeast corner, which has been dedicated and/or grant,ed to, and accepted by, the City of Eagan, Minnesota. NOW, THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, Owner does hereby terminate the Declaration and the easement created thereby, effective as of the date that the consent of the City of Eagan, Minnesota, hereinafter set forth is executed. IN WITNESS WHEREOF, Owner has caused this Termination of Roadway Easement to be executed as of the day and year first above written. MIW - GL PARTNERS By Heitman Advisory Corporation, an Illinois corporation, not personally, but solely as its agent and attorney in fact By 2 t s ? ?-t A ?s? ? - CONSENT The City of Eaqan, Minnesota, hereby consents to the foregoing Termination of Roadway Easement created by the Declaration. Attest: ity Clerk THE CITY EAGAN, MINNESOTA $Y mayor STATE OF ILLINOIS) ) ss. COUNTY OF COOK) The foregoing was ac'cnowledged before me this _;z2J ?day of 19 8 9 , bY of Heitman Advisory Corporation, an Illinois corporation, not personally, but solely as agent and attorney in fact for MIW-GL PARTNERS, a Nevada general partnership, on behalf of the partnership. •`OFFIGA6 SEAI,•• ------ ------- Gnoe Lae Sw? payry ?, Stab of agasq Not Public My Commission E:pires Apfi 1,1981 -------------------- STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA) The foregoing was acknowledged before me this ,30"-` day of 1989, by UeCT?- E l/iso') , Mayor, and C J ??n l?Jder-6zKe , City Clerk, of the City of Eagan, Minnesota, a Minnesota municipal corporation, on behalf of the corporation. v'Notary Public This instrument was draftedd by: Marc L. Kruger 800 Opus Center 9900 Bren Road East Minnetonka, Minnesota 55343 E@-70? LIZABETH A. WITT TARY P UBIIC • MINNESOTA DAKOTA COUNTY ommlpion EiepirM Fp, Ny 7M1 -2-