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r <br />1 : <br />( <br />n <br />DECLARATION OF PRIVATE ROAD EASEMENT <br />AND RELATED COVENANTS <br />(FOX CIRCLE) <br />THIS DECLARATION is made as of September 1997, by and among <br />James G. Fullerton, III and Mama W. Fullerton, husband and wdfe ("Fullertons"); <br />James G. Fullerton, III and Robert A Stein, Trustees of the Elizabeth L. Fullerton <br />Revocable Trust U/A, dated 1/4/85, as amended, with Elizabeth L. Fullerton, as donor <br />(the "Trustees"); Wilham L. Tmbeck and Judith W. Trubeck, husband and wife <br />("Trubed«"); and Lawrence Lukis and Donna Lukis, husband and wife ("Lukises"). The <br />Fullertons, the Trustees, the Tmbecks and the Lukises are at times referred to in this <br />Declaration as the "Declarants". <br />RECITALS: <br />A. Declarant James G. Fullerton, III is the owner of the following-described <br />real estate situated in the City of Orono (the "City"), Hennepin County, Minnesota (the <br />4 <br />"Fullerton Lot"): <br />Lot 4, Block 1, Fullerton Estates, according to the recorded <br />plat thereof. <br />B. The Trustees are the owners of the following-described real estate (the <br />'Trustees' Lots") which adjoins the Fullerton Lot: <br />Lots 1,2,3 and 5, and Outlot A, Fullerton Estates, according <br />to the recorded plat thereof. <br />C. The Tmbecks are the owners of the following described real estate (the <br />'Tmbeck Parcel") which adjoins the Fullerton Lot: