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VhltaiS V, Lavrencm <br />Court File No. CT 93“12901 <br />[ORANDOM <br />This matter is before the Court on Plaintiffs John and Donna <br />vniitsan-s motion for sunmary judgment. In their Complaint, <br />Plaintiffs seek a declaratory judgment from this Court determining <br />the scope of an easement reserved in a conveyance of real property <br />from Albert and Edith Whitman to Defendants James and Aria <br />Lawrence. Plaintiffs seek declaratory relief pursuant to Minn. <br />State s 555.01 (1992). <br />unless otherwise noted, the following facts are undisputed. <br />Albert and Edith Whitman ("the Whitmans") are the parents of <br />plaintiff John Whitman. In the 1960-s, the Whitmans purchased <br />property in Orono, Minnesota, which they subsequently subdivided <br />into five tracts, designated as Tracts A, B, C, D and E. Tracts A, <br />C, and D were each undeveloped and intended for residential <br />building purposes, while Tract B contained the Whitmans resides <br />(Edith Whitman Aff. 1 HD- The fifth tract. Tract E, was intended <br />to serve as a roadway serving the other four tracts. (Isli 1 IV) • <br />Plaintiffs describe Tract E as "a serpentine strip of land 50 feet <br />wide and approximately 1,200 feet long." (Pltf.'s Mem. Supp. Summ. <br />J 0 ft t 1 ) • <br />in 1976, the Whitmans deeded Tracts B and E to Defendants. <br />(Edith Whitman Aff. 1 V; Lawrence Aff. 1 5) <br />the two tracts provided in part: <br />The deed conveying <br />said Tract E (is) subject to afavor of Tracts A, C and D . . . for driveway purpos