Laserfiche WebLink
001015 <br /> Following such hearing,the committees shall issue written reports on the petition to the County Board of Supervisors <br /> and the City of Madison Common Council who shall,by majority vote,approve or reject the petition. Only if <br /> approved by each governmental body shall petitioner's be entitled to draft the amendatory covenant instrument,have <br /> same executed by the owner's of the Property subject to the restrictions and record same. <br /> (b) Such amendment shall also require approval of the Town Board. <br /> VI. THE RESTRICTIONS SET FORTH IN PARAGRAPH 3 ABOVE MAY BE TERMINATED IN THE <br /> FOLLOWING MANNER: <br /> (a) Termination may be accomplished through County Board and City Council approval of a petition for termination of <br /> the restrictions. The procedures for introducing and processing the petition shall be as provided in paragraph 5(a) <br /> hereof,except that petition shall call for termination rather than amendment of the restrictions and the instrument <br /> which is recorded shall be an instrument of termination. Such termination shall also require approval of the Town <br /> Board. <br /> (b) A rezone of the Property to a different zoning district shall also act to repeal the covenant controls but only upon prior <br /> written approval of the City of Madison;Common Council after receipt of a recommendation from the City Plan <br /> Commission. <br /> VII. This Deed Restriction shall run with the land for an initial period of forty(40)years,be recorded in the office of the <br /> Dane County Register of Deeds and be binding upon the Owner,his heirs,successors and assigns,including <br /> purchasers and any successor assign having a subsequent in interest in the Property. Rerecording of this Deed <br /> Restriction or any other document expressly referring to this Deed Restriction by any Party-shall extend its <br /> effectiveness for an additional forty(40)year period. <br /> VIII. This Deed Restriction shall be subject to enforcement by the City,County and Town by specific performances in a <br /> court of law or equity should the owner his heirs,successors or assigns in interest,refuse to abide by the terms and <br /> conditions of the Deed Restriction. Such refusing person or entity shall pay to the City,Country and/or Town all costs <br /> and reasonable attorney fees the governmental entity spends in any action in specific performance in which the <br /> governmental entity prevails. <br /> SIGNED AND SEALED IN THE PRESENCE OF• <br /> C: < ) _ nr Cam. 0. A <br /> C.J. -(James M.Val wer of Attorney for C.J.Vale) <br /> Sheet 2 of 2 <br />