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- 2 - <br /> 00068 3 <br /> b. The Town Government of the Town of Rutland Dane County, Wisconsin <br /> provided that the lands are within the governmental jurisdiction of said Town <br /> at the time the enforcement action is commenced. <br /> c. The owner(s) of record of any land/s which are located with 300 feet of the <br /> subject site. <br /> 5. The restrictions set forth in Paragraph 3 above may be amended in the following <br /> manner: <br /> a. A written petition calling for the amendment of the restrictions may be made <br /> by the persons who are, at the time of the petition, owner/s of the lands subject <br /> to the restriction. Such petition shall be submitted to the Dane County Clerk <br /> who shall refer the petition to the Dane County Zoning & Natural Resources <br /> Committee (or successor committee)which committee shall schedule and hold <br /> a public hearing on the petition in the same manner as public hearings for <br /> zoning amendment petitions are noticed and scheduled. Following such <br /> hearing,the committee shall issue a written report on the petition to the County <br /> Board of Supervisors which shall, by majority vote, approve or reject the <br /> petition. If approved, the petitioner/s shall draft the amendatory covenant <br /> instrument, have same executed by the owner/s of the lands subject to the <br /> restrictions and record same. <br /> b. Such amendment shall also require approval of the Town Board. <br /> 6. The restrictions set forth in Paragraph 3 above may be terminated in the following <br /> manner: <br /> a. Termination may be accomplished through County Board approval of a petition <br /> for termination of the restrictions. The procedures for introducing and <br /> processing the petition shall be as provided in Paragraph 5(a) hereof, except <br /> that the petition shall call for termination rather than amendment of the <br /> restrictions and the instrument which is recorded shall be an instrument of <br /> termination. Such termination shall also require approval of the Town Board. <br /> b. A rezone of the property to a different zoning district shall also act to repeal <br /> the covenant controls. <br /> IN WITNESS WHEREOF,the parties have executed these restrictions this 2( day <br /> of No,x,,,,,1 ,1997. <br /> kb +t .. <br /> Robert H. Dvorak <br /> L rie J. Dvorald <br /> A <br /> 971012-2jmr201197-1sa <br /> Restrict. <br />