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DCPZP-2016-00601
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DCPZP-2016-00601
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9/19/2016 10:46:00 AM
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DCPZP-2016-00601
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Madison, WI 53718 <br /> 5.6 Time Period for Action. Following approval of a proposed action pursuant to Paragraph 5.2 <br /> above,the Landowner shall use their best efforts to complete the action as soon as possible or <br /> practicable. In no event should the Landowner exceed the period authorized in the written <br /> approval, or two years from the date of approval if no date is specified, to complete an approved <br /> activity. If the activity is not completed within that time period, the Landowner must receive <br /> written approval from the County to proceed or re-submit the request for review and approval, <br /> according to the procedures described above. <br /> 6. Public Access. <br /> No right of access by the general public to any portion of the Property is conveyed by this Easement. <br /> 7. General Provisions. <br /> 7.1 Amendment. The Landowner and County may jointly amend this Easement in a written <br /> instrument executed by both parties and recorded in the Office of the Register of Deeds for the <br /> county in which the Property is located, provided that no amendment shall be allowed if, in the <br /> judgment of the County it (i)diminishes the Conservation Values of the Property, (ii) is <br /> inconsistent with the Purpose of the Easement, (iii) affects the perpetual duration of the <br /> Easement, (iv) affects the validity of the Easement under Section 700.40 of the Wisconsin <br /> Statutes, or(v) affects the status of the County under Section 170(h) of the Internal Revenue <br /> Code of 1986 or any successor provision. <br /> 7.2 Assignment. The County may convey, assign or transfer its interests in this Easement to a unit <br /> of federal, state or local government or to an organization that is (i) "qualified" within the <br /> meaning of Section 170(h)(3) of the Internal Revenue Code, and in the regulations promulgated <br /> thereunder, or any successor provisions then applicable, and (ii) qualified to hold conservation <br /> easements under Section 700.40 of the Wisconsin Statutes. As a condition of any assignment or <br /> transfer, any future holder of this Easement shall be required to carry out its Purpose in <br /> perpetuity. The County agrees to notify the Landowner of any assignment at least thirty(30) <br /> days before the date of such assignment; however, failure to give such notice shall not affect the <br /> validity of such assignment or limit its enforceability in any way. <br /> 7.3 Captions. The captions in this Easement have been inserted solely for convenience of reference <br /> and are not part of the Easement and shall have no effect on construction or interpretation. <br /> 7.4 Controlling Law and Liberal Construction. The laws of the State of Wisconsin shall govern the <br /> interpretation and performance of this Easement. Any general rules of construction to the <br /> contrary, ambiguities in this Easement shall be construed in a manner that best effectuates the <br /> Purpose of the Easement and protection of the Conservation Values of the Property. <br /> 7.5 Counterparts. The Landowner and County may execute this Easement in two or more <br /> counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be <br /> deemed an original instrument as against any party who has signed it. In the event of any <br /> disparity between the counterparts produced, the recorded counterpart shall be controlling. <br /> i0 <br />
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