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i 1 <br />(e) No Owner may exempt himself from the liability for paying such <br />Owner’s Cost Share of Easement Parcel Costs by waiver of the use or enjoyment <br />of the Easement Parcel or by the abandonment of such Owner’s Benefitted Parcel. <br />3. Acknowledgement of Private Road: Conversion to Public Street . The <br />Declarants hereby acknowledge the existence of the foregoing private roadway easement <br />and the existence of the private road over Outlot A The Declarants further acknowledge <br />that the City has no obligation to maintain or service the private road, and that the Gty <br />does not intend to acquire or open the private road as a public roadway. However, in <br />the event City shall determine it to be in the public interest to utilize the Easement <br />Parcel as a public street, each Owner shall, after notice in accordance with applicable <br />provisions of the City of Orono Municipal Code (the "Code") and Mirmesota law, quit <br />claim its interest in the Easement Parcel to City for nominal consideration only. <br />4. Initial Roadway Construaion. The Trustees, at their expense, will upgrade <br />the edsting roadway and construct such further roadway improvements, widening and <br />relocation, all as the City has required in connection with the City’s approval of the plat <br />of Fullerton Estates. The Declarants acknowledge that the Trustees will attempt to <br />preserve as much of the existing roadway as is reasonably possible. Following such iniual <br />construction, the Owners of the Benefitted Parcels shall be responsible for their <br />respective Cost Shares (as hereinafter defined) of all future costs, fees, expenses and <br />other charges associated with the Easement Parcel as set forth below. <br />1