DCPZP-2015-00854 - Laserfiche WebLink

Home Browse Search

5. Enforcement. This Deed Restriction shall be enforceable at law or equity against any party who has, or acquires, an interest in the Property by any of the following parties who are hereby named as grantees, promisees, and beneficiaries with enforcement rights hereunder: (a) The town government of the Town of Burke, Dane County, Wisconsin, provided that the Property is within the governmental jurisdiction of said town at the time the enforcement action is commenced; and (b) The owner(s) of record who hereafter acquire all or a portion of the Property. 6. Amendment. This Deed Restriction may only be amended with the written approval of the governing body of the governmental jurisdiction in which the Property is located . Such amendment would only be effective upon the recording of it with the Dane County Register of Deeds. 7. Termination. This Deed Restriction may be terminated only in the following manner: (a) Written approval of the governing body of the governmental jurisdiction in which the Property is located , with such approval being effective only upon the recording of the written approval with the Dane County Register of Deeds; or (b) The rezoning of the entire Property to a zoning district other than C-2 Commercial District. (c) As to an individual parcel of the Property, upon the rezoning of the parcel to a zoning district other than C-2 Commercial District. 8. Term. This Deed Restriction shall run with the Property and shall be binding upon Owner of the Property and Owner's heirs, successors in interest, personal representatives and assigns, and those persons occupying or using the Property under or through any of the foregoing. This Deed Restriction shall be perpetual unless and until amended or terminated in accordance with paragraphs 6 or 7. This Deed Restriction may be recorded or re-recorded by Owner or the Town. 9. Severability. The terms and conditions of this Deed Restriction are severable. The invalidation of any provisions hereof by judgment or court order shall have no effect on any other provision hereof which shall remain in full force and effect. 10. Definition. It is intended that this Deed Restriction shall apply to owners of the Property (whether in fee simple absolute or as a land contract vendee) and those persons who occupy or use the lands, or any building or structure located thereon, with the consent of the owner (as tenant, licensee or otherwise) (collectively, "Tenants"). Therefore, and unless the context otherwise clearly requires, the term "Owner" as used herein shall mean the owner of the Property(whether in fee simple absolute or as a land contract vendee) and Tenants. An owner of the Property shall be responsible for the actions or inactions of Tenants in violation of this Deed Restriction.