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11100000PAGE 612 WHEREAS, County Board approval of the proposed rezoning is contingent on Town approval , among other things; NOW THEREFORE, in consideration of the promises made herein, it is hereby agreed as follows; 1. The Town hereby gives written support to MPB's petition to re-zone a 1.62 acre portion of Parcel 1 from A-1 Agriculture to LC-1, Limited Commercial . The legal description of that 1 .62 acre parcel shall be Lot 1, CSM S' , recorded in the office of the Dane County Register of Deeds on 9.1144.vo , in Volume 4S of Certified Surveys, pflj/ 4as Document. No. ;,7 a1 6011 2. If Dane County also approves the LC-1 zoning on the 1.62 acre parcel, MPB agrees that thereafter, for purposes of any future sale or transfer, the 1.62 acre parcel shall be merged with the contiguous .86 acre parcel , and neither parcel shall be sold nor transferred except as part and parcel of the other; and that upon such sale or transfer of the parcels, the permitted uses of the C-1 parcel shall be down zoned to conform to the permitted uses under the LC-1 Limited Commercial District, Dane County ordinances. 3. MPB agrees to place the following deed restriction on the C-1 parcel within seven days of final re-zoning approval by the county of the .1.62 acre parcel to LC-3 : This parcel shall not be said except: as part. and parcel of the following-described contiguous parcel : Lot One (1) CSM %Mt , recorded in the office of the Dane County Register of Deeds on °II in Volume IS of Certified Surveys, p a tai as Document No. 2741 077 . Upon the sale or transfer of this parcel by MPS Properties, LLC, the use of the land shall be limited to the permitted uses under LC-1 Limited Commercial District, Dane County zoning ordinances. These deed restrictions are pursuant to an agreement between MPB Properties and the Town of Middleton, dated 410m-'11 1996 in the office of the Dane County Register of Deeds, in Volume of Records, p. as Document No. e2�9SG40 . •