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<br />e <br /> <br />e <br /> <br />e <br /> <br />DRAFT <br /> <br />may be placed upon the Easement Lots during the time in which the Driveway Easement is <br />in existence. <br /> <br />4. Duration of the Driveway Easement. This Driveway Easement shall terminate <br />without any further action if a public right-of-way connecting the existing Shoreline Drive (to <br />the south of the Plat) to the south line of Shoreline Lane as shown on the Plat is publicly <br />dedicated (or otherwise created in a manner satisfactory to the City) and a roadway or cul-de- <br />sac satisfactory to the City is constructed on the Plat. In the event the Driveway Easement is <br />not terminated as set forth above by August IS. 2001, the ability of the Declarant or the <br />Owners to terminate the Driveway Easement without the express written consent of the City <br />shall cease. Thereafter, the Driveway Easement may be terminated only with the express <br />written consent of the City. <br /> <br />5. ADDurtenance. This covenant shall run with the land and shall be binding on <br />and inure to the benefit of the parties hereto, their heirs, representatives, successors and <br />assigns. <br /> <br />6. Amendment. There may be no amendment to or release of the terms of this <br />agreement and declaration without the express written consent of the City is provided in <br />recordable form. <br /> <br />IN WITN E55 WHER EOF, the parties have hereto executed th is easement a nd covenant <br />the day and year first above written. <br /> <br />JOSEPHINE EAST, LLC, a Minnesota limited <br />liability company <br /> <br />By <br />Its <br /> <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTY OF ) <br /> <br />The foregoing instrument was acknowledged before me this _ day of , <br />1999, by the of <br />Josephine East, LLC, a limited liability company under the laws of Minnesota, on behalf of said <br />limited liability company. <br /> <br />[Notary Block] <br /> <br />3 <br />