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VJtiCM/Il V. LWT9ttC9 <br />CQttrt rll* Mo. C7 93-12901 <br />MBMOuaoxm <br />Thi, Mttcr is before the Court on Plaintiffs John and Donna <br />Whitsan's eotion for su»ary judgment. In their Complaint, <br />Plaintiffs seeic 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 />Lavrence. Plaintiffs seeA declaratory relief pursuant to Minn. <br />Stat. S 555.01 (1992). <br />Unless othervise 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 />D were each undeveloped and intended for residential <br />purposes, while Tract B contained the Whitmans* residence. <br />(Edith Whitman Aff. 1 III) • The fifth tract. Tract E, was intended <br />to serve as a roadway serving the other four tracts. (Xili. f TV). <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. Suam. <br />iJs * <br />In 1976, the Whitmans deeded Tracts B and E to Defendants. <br />(Edith Whitman Aff. 1 V; Lawrence Aff. 1 5). The deed conveying <br />the two tracts provided in part; <br />said Tract E [is] subject to a non-exclusive easement in <br />favor of Tracts A, C and D . . . for driveway purposes