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<br /> RESTRICTIONS
<br /> I. WHEREAS, Mark N. Smithback, is/are --..- -._-.
<br /> the owner/s of the following described -2
<br /> land in the Town of York, Dane ] L ,
<br /> County, Wisconsin, to wit:
<br /> Ira 201m F :
<br /> Part of the NE 1/4 of the SE ..�
<br /> 1/4 of Section 35, and parts
<br /> of the NW 1/4 of the SW 1/4 D.UAN
<br /> and the SW 1/4 of the SW TO ZONING 1 VI I
<br /> 1/4 of Section 36, all in
<br /> T.9N., R.12E., Town of York,
<br /> Dane County, Wisconsin,
<br /> described as follows: TAX PARCEL NO.:
<br /> Commencing at the S 1/4 corner of Section 36; thence S87°21'00"W along
<br /> the South line of the SW 1/4 of said Section, 1910.32 feet to the point of
<br /> beginning of this description; thence continue S87°21'00"W along said
<br /> South line, 66.16 feet; thence N01°19'14"E, 516.15 feet; thence
<br /> N15°54'19"E, 905.00 feet; thence N72°18'40"W, 673.29 feet; thence
<br /> N23°03'37"W, 1102.80 feet to the North line of the NE 1/4 of the SE 1/4 of
<br /> Section 35; thence N87°27'38"E, along said North line, 162.52 feet to the
<br /> Northwest corner of the NW 1/4 of the SW 1/4 of the aforesaid Section 36;
<br /> thence N87°18'01"E along the North line of said 1/4 - 1/4, 963.10 feet;
<br /> thence S02°15'49"E, 327.40 feet; thence N87°26'01"E, 275.54 feet; thence
<br /> S00°18'51"E, 200.00 feet; thence S35°45'41"W, 181.57 feet; thence
<br /> S25°30'18"W, 137.76 feet; thence S12°12'35"W, 511.70 feet; thence
<br /> S15°54'19"W, 900.00 feet; thence S01°19'14"W, 503.13 feet to the point of
<br /> beginning. The above described containing 29.05 acres, being subject to
<br /> a right of way for Clarkson Road across the Southerly 33 feet thereof.
<br /> II. WHEREAS said owner/s desire/s to place certain restrictions thereon, to bind the
<br /> owner/s and those who may acquire title hereafter.
<br /> III. NOW, THEREFORE, in consideration of the mutual benefits passing to and from the
<br /> owner/s and those who may hereafter purchase said land/s and the parties named
<br /> as beneficiaries of these restrictions, the following restrictions are hereby imposed:
<br /> A. The parcel of real property described above shall be deed restricted such
<br /> that there shall be no further residential development on the parcel, other than the
<br /> construction of one single family residence incidental to and as part of those uses
<br /> permitted under RH-4 zoning.
<br /> B. The private drive serving the above-described property shall remain a
<br /> private drive and shall not be dedicated to the public for a public road without the
<br /> express written consent of the Town of York.
<br /> These restrictions shall constitute covenants running with the land and shall be
<br /> binding upon all parties now owning any part of said land, their successors, heirs
<br /> and assigns, and all parties holding under them unless, pursuant to Paragraphs V.
<br /> or VI. of this instrument, said restrictions are amended or terminated.
<br /> IV. The restrictions provided for herein shall be enforceable at law or equity against any
<br /> party who has or acquires an interest in the land subject to the restriction by the
<br /> following parties who are named as grantees, promisees and beneficiaries with
<br /> enforcement rights:
<br /> A. The County Government of Dane County, Wisconsin, provided that the lands
<br /> are under the jurisdiction of zoning ordinance of said County at the time the
<br /> enforcement action is commenced; and
<br /> B. The Town Government of the Town of York, Dane County, Wisconsin, provided
<br /> that the lands are within the governmental jurisdiction of said Town at the time
<br /> the enforcement action is commenced.
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