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P 637 <br /> 2 . These restrictions shall constitute covenants running <br /> with the land and shall be binding upon all parties now owning any <br /> part of the Property, their successors, heirs and assigns, and all <br /> parties holding under them unless, pursuant to paragraphs 4 or 5 of <br /> this instrument, said restrictions are amended or terminated. <br /> 3 . The restrictions provided for herein shall be enforceable <br /> at law or equity against any party who has or acquires an interest <br /> in the Property subject to the restriction by the following parties <br /> who are named as grantees, promisees and beneficiaries with <br /> enforcement rights: <br /> (a) the County Government of Dane County, Wisconsin, <br /> provided that the Property is under the jurisdiction of zoning <br /> ordinance of said County at the time the enforcement action is <br /> commenced; <br /> (b) the Town Government of the Town of Burke, Dane <br /> County, Wisconsin, provided that the Property is within the <br /> governmental jurisdiction of said Town at the time the <br /> enforcement action is commenced; and <br /> (c) the owner(s) of record of any lands located with 300 <br /> feet of the Property. <br /> 4. The restrictions set forth in paragraph 1, above, may be <br /> amended in the following manner: <br /> (a) A written petition calling for the amendment of the <br /> restrictions may be made by the persons who are, at the time <br /> of the petition, owner(s) of the lands subject to the <br /> restriction. Such petition shall be submitted to the Dane <br /> County Clerk who shall refer the petition to the Dane County <br /> Zoning & Natural Resources Committee (or successor committee) <br /> which committee shall schedule and hold a public hearing on <br /> the petition in the same manner as public hearings for zoning <br /> amendment petitions are noticed and scheduled. Following such <br /> hearing, the committee shall issue a written report on the <br /> petition to the County Board of Supervisors which shall, by <br /> majority vote, approve or reject the petition. If approved, <br /> the petitioner(s) shall draft the amendatory covenant <br /> instrument, have the same executed by the owner(s) of the <br /> lands subject to the restrictions and record the same. <br /> (b) Such amendment shall also require approval of the <br /> Town Board. <br /> -2- <br />