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LAW OFFICES <br /> WHYTE 8c H IRSCH BOECK <br /> S. C. <br /> SUITE 300 <br /> ONE EAST MAIN STREET <br /> MILWAUKEE OFFICE <br /> P.O. BOX 2996 <br /> SUITE 2100 ZURICH OFFICE <br /> III EAST WISCONSIN AVENUE MADISON,WISCONSIN 53701-2996 P. CH ASSE 452 <br /> MILWAUKEE,WISCONSIN 53202 TELEPHONE(608)255-4440 P.O.BOX.CH-8029 ZURICH <br /> TELEPHONE(414)271-8210 TELEPHONE(01)391-23-43 <br /> FACSIMILE(608)258-7138 FACSIMILE(01)391-27-81 <br /> May 24, 1993 <br /> Jib ? I9y., <br /> Dane County Zoning and <br /> Natural Resources CommitteedPol9s�` did'' <br /> - 10 Mr. William J. Fleck <br /> Dane County Zoning Administrator <br /> 210 Martin Luther King, Jr. Blvd. <br /> Room 116 <br /> Madison, WI 53709 <br /> Re: Craig and Janice Faga -- Amended Zoning Petition No. <br /> 5622: Deed Restriction Void as Matter of Law <br /> Ladies and Gentlemen: <br /> The publicly stated primary reason for the Town of <br /> Westport's unwillingness to date to approve rezoning for the Faga <br /> parcel (the "Faga Parcel") is the existence of a deed restriction <br /> that limits development on the Faga Parcel to one single family <br /> home unless the consent of the City of Middleton and the Town of <br /> Westport is obtained. This deed restriction was imposed at the <br /> behest of the City of Middleton, pursuant to its extraterritorial <br /> jurisdiction, as a condition to the original rezoning from <br /> Agricultural to RH-3 when the Fagas' acquired the Faga Parcel in <br /> 1988. <br /> It is our considered legal judgment that such deed <br /> restriction is absolutely null and void and without any legal <br /> effect as a matter of law. The deed restriction, which is noted <br /> on the recorded Certified Survey Map respecting the Faga Parcel, <br /> provides in its entirety as follows: <br /> Development on Lot 1 is limited to one single <br /> family home unless the consent of the city of <br /> Middleton and the Town of Westport is obtained. <br /> (Emphasis added. ) <br /> Pursuant to the express terms of the deed restriction, <br /> the Town of Westport could not rezone the Faga Parcel to a <br /> less restrictive zoning classification allowing for <br /> development of more than one single family home unless the <br /> consent of the City of Middleton is obtained. Equally true <br /> is that if the City of Middleton were to acquire zoning <br /> jurisdiction over the Faga Parcel through annexation, the <br />