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DCPCUP-0000-01446
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CUPS 00001-02383
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DCPCUP-0000-01446
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Last modified
12/3/2015 12:49:50 PM
Creation date
12/3/2015 12:49:16 PM
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Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
01446
Town
Middleton Township
Section Numbers
30
AccelaLink
DCPCUP-0000-01446
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co py <br /> 2. Prohibited Outdoor Seasonal Storage. The seasonal storage of recreational equipment and <br /> motor vehicles owned by private individuals other than those residing on the premises on proposed Lot <br /> 2 is prohibited outside of the existing barn and shed on proposed Lot 2. <br /> 3. Safe and Sanitary Maintenance of Property. The existing barn and all exterior property <br /> areas on said Lot 2 shall be properly maintained in a clean, safe and sanitary condition, free from <br /> debris, rubbish or garbage, and physical hazards. Failure to so maintain the barn may result in the <br /> Town of Middleton or Dane County seeking an equitable remedy or remedies, one of which may be to <br /> seek an order for the owner of said Lot 2 to demolish the existing barn. <br /> 4. Effective Date. The foregoing use and storage restrictions shall become effective, without <br /> further action by the Town of Middleton or Dane County, upon the recording of this Declaration. <br /> 5. General Provisions: <br /> A. The foregoing Restrictions shall constitute covenants running with the land and shall be <br /> binding upon and benefit the owner or owners of property in the proposed certified survey map, and <br /> his, her or their heirs, successors and assigns and all parties holding under them, unless, pursuant to <br /> paragraph C of this instrument, said Restrictions are amended or terminated. <br /> B. Other than enforcement of applicable zoning regulations containing similar provisions, the <br /> foregoing Restrictions shall be enforceable at law or equity by means of an injunction or other equitable <br /> order issued by a court having appropriate jurisdiction thereof against any party who has or acquires an <br /> interest in the land subject to these Restrictions, in such enforcement action brought by the following <br /> parties who are named as grantees, promisees and beneficiaries: (1)the County Government of Dane <br /> County, Wisconsin,provided that the lands are under the jurisdiction of zoning ordinances of said <br /> County at the time the enforcement action is commenced; (2)the Town Government of the Town of <br /> Middleton, Dane County, Wisconsin, provided that the lands are within the governmental jurisdiction <br /> of said Town at the time the enforcement action is commenced; and (3) the owners of record of any <br /> lands which are located within 300 feet of the subject property. The Owners retain their rights to <br /> defend any such enforcement action and object to the appropriateness and severity of any remedy <br /> sought to be imposed. <br /> C. The said Restrictions shall be recorded in the Office of the Dane County Register of Deeds <br /> prior to or at the time of recording of the proposed certified survey map and may be amended, or <br /> terminated only in the following manner: <br /> (1) A written petition calling for the amendment of the restrictions may be made by the <br /> persons who are, at the time of the petition, owner/s of the lands subject to the Restrictions. <br /> Such petition shall be submitted to the Dane County Clerk who shall refer the petition to the <br /> Dane County Zoning &Natural Zoning and Resources Committee (or successor committee) <br /> which committee shall schedule and hold a public hearing on the petition in the same manner as <br /> 2 of 3 <br />
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