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.02/03/97 09:36 r1608 257 2508 MURPHY & DESMOND (1004/006 2- 13, above, be limited to retail sales of home decorating items limited to carpeting, floor coverings and wall paper, window coverings and related items. (15) Notwithstanding the permitted uses set forth in paragraphs 1 through 13, above, the parcel designated as Lot 7 of the final plat of Deer Point Business Park shall not be further divided. These restrictions shall constitute covenants running with the land and shall be binding upon all parties now owning any part of said land, their successors, heirs and assigns, and all parties holding under them unless, pursuant to Paragraphs 5 or 6 of this instrument, said restrictions are amended or terminated. 4. The restrictions provided for herein shall be enforceable at law or equity against any party who has or acquires an interest in the land subject to the Restrictions by the following parties who are named as grantees, promisees and beneficiaries with enforcement rights: a. The County Government of Dane County, Wisconsin provided that the lands are under the jurisdiction of zoning ordinance of said County at the time the enforcement action is commenced; and b. The Town Government of the Town of Rutland Dane County, Wisconsin provided that the lands are within the governmental jurisdiction of said Town at the time the enforcement action is commenced. c. The owner(s) of record of any land/s which are located with 300 feet of the subject site. 5. The restrictions set forth in Paragraph 3 above may be amended in the following manner; a. A written petition calling for the amendment of the restrictions may be made by the persons who are, at the time of the petition, owner/s of the lands subject to the restriction. Such petition shall be submitted to the Dane County Clerk who shall refer the petition to the Dane County Zoning & Natural Resources Committee(or successor committee)which committee shall schedule and hold a public hearing on the petition in the same manner as public hearings for zoning amendment petitions are noticed and scheduled. Following such hearing,the committee shall issue a written report on the petition to the County Board of Supervisors which shall, by majority vote, approve or reject the petition. If approved, the petitioner/s shall draft the amendatory covenant instrument, have same executed by the owner/s of the lands subject to the restrictions and record same. b. Such amendment shall also require approval of the Town Board. 960645.4art-0I1096n ja+mc jmb ReWict.