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
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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
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