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Ms. Jcanii.' j4abusth <br />Mardi 15, 1904 <br />Pase2 <br />Tte Ifcooepin County District Court has now ruled on Mr. Whitman ’s Summary <br />Judgment Motion. Specifically, paragraph 3 of the Court’s Or^r pr^vi^ 'ttot tte caseincnl <br />permits tte construction and extension of roadway across Tract E. RLS No. 1418, to <br />‘served subdivided lots within Tract A. RLS No. 141S.” In addition, please note th^on page <br />5 of the Memorandum in support of tte Order, tte Court outlines tte dilemma tte \^Jitraan $ <br />find themselves in. noting that tte Whitmans had brought this action and moved for Summary <br />Judgment because "tte City had refused to consider [tteirl application without <br />consent of [the Lawrences]." Finally, on page 8 of the Memorandum in support of the (Xdcr. <br />tte Court states: <br />After reviewing the parties ’ contentions, the Court concludes that <br />tte scope of tte particular easement, as contemplated by the <br />express language of tte 1976 deed and by the 1978 easement <br />agreement, is without restrictions as to the geographic location of <br />tte easement over Tract E. There is no limiting legal description <br />of tte easement, nor is there any otter limiting definition of the <br />easement ’s location otter than tte tract of land originally platted <br />as a roadway and demarcated as Tract E. Accordingly, from tte <br />face of tte warranty deed and from the 1978 casement <br />agr eement, the whole of Tract E is subject to an casement for <br />driveway purposes, access to County Road 6, and for utilities. <br />ConsequenUy. the Court concluded that tte Whitmans "may extend tte current roadway over <br />Tract E to serve subdivided lots contained in tte northern portion of Tract A. Slip. Op. at <br />12. <br />Now that the Whitmans ’ have obtained tte judicial interpretation of tte casement that <br />we requested in my September 28, 1993 letter, it is unnecessary for you to obtain permission <br />from the Lawrence ’s prior to accepting the Conditional Use Permit <br />Please feel free to contact me if you have anv questions <br />vis P. Staunton <br />enclosures <br />cc: Ronald Moorse <br />TJBarrett <br />219/220395113/15/94