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DCPREZ-0000-07045
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DCPREZ-0000-07045
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Last modified
11/17/2015 12:08:31 PM
Creation date
11/17/2015 12:08:27 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
07045
Town
Middleton Township
Section Numbers
20
AccelaLink
DCPREZ-0000-07045
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{ • <br /> 2. Other than enforcement of applicable zoning regulations containing similiar provisions, <br /> the foregoing Restrictions shall be enforceable at law or by equity by means of an <br /> injunction or other equitable order issued by a court having appropriate jurisdiction <br /> thereof against any party who has or acquires an interest in the property (land and <br /> buildings) subject to these Restrictions, in such enforcement action brought by the <br /> following parties who are named as grantees,promisees and beneficiaries: (1)the County <br /> Government of Dane County, Wisconsin,provided that the lands are under the <br /> jurisdiction of the zoning ordinances of said County at the time the enforcement action is <br /> commenced; (2)the Town Government of the Town of Middleton provided that the lands <br /> are under the jurisdiction of the zoning ordinances of said County at the time the <br /> enforcement action is commenced; and(3)the owners of record of any lands which are <br /> located within six hundred(600) feet of the property identified in the attached survey <br /> map. The Owners retain their rights to defend any such enforcement action and object to <br /> the appropriateness and severity of any remedy or remedies sought to be imposed. <br /> 3. The said Restrictions shall be recorded in the Office of the Dane County Register of <br /> Deeds and may be amended, or terminated only in the following 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 to <br /> the Restrictions. Such petition shall be submitted to the Clerk for Dane County <br /> who shall refer the petition to the Dane County Zoning and Natural Resources <br /> Committee (or successor Committtee)which committee shall schedule and hold a <br /> public hearing on the petition in the same manner as public hearings for zoning <br /> amendment petitions are noticed and scheduled. Following such hearing,the <br /> committee shall issue a written report on the petition to the Board of Supervisors <br /> for Dane County who shall, by majority vote, approve or reject the petition. The <br /> petition to amend the restrictions shall also be submitted to the Board of <br /> Supervisors for the Town of Middleton and all property owners within six <br /> hundred(600) feet of the affected parcel, who shall, by majority vote, approve or <br /> reject the petition. If approved by the Board of Supervisors for Dane County,the <br /> Board of Supervisors for the Town of Middleton, and the property owners within <br /> six hundred(600)feet of the affected parcel, the petitioner/s shall draft the <br /> amendatory covenant instrument,have the same executed by the owner/s of the <br /> lands subject to the Restrictions and record the same as provided in this <br /> paragraph. <br /> (b)A written petition calling for the termination of the restrictions may be made <br /> by the persons who are, at the time of the petition, owner/s of the lands subject to <br /> the Restrictions. Such petition shall be submitted to the Clerk for Dane County <br /> who shall refer the petition to the Dane County Zoning and Natural Resources <br /> Committee (or successor Committtee)which committee shall schedule and hold a <br /> public hearing on the petition in the same manner as public hearings for zoning <br /> 3 <br />
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