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WINCH AND WINCH LAW OFFICES ATTORNEYS AT LAW 4 WEST HUDSON STREET THOMAS H.WINCH 36 EAST HUDSON STREET JAMES T.WINCH (608)795-2284 MAZOMANIE,WISCONSIN 53560 (608)795-4216 Sharon Biscard August 24, 1990 Page -2- I have also enclosed a copy of Picture #8, which shows the dividing line between the A-2 land and the property to the South which Jerry already sold as A-1 agricultural land. All of the land up to the hillsides and extending all of the way around the hills to the South remained in A-1 use and this is the reason Jerry sold it for exclusive agricultural use, so that it would remain in the same use that it has been done in the past. In addition, if you look at the zoning petition, you can see that the land was surveyed in such a way so that it encompassed all of the land which Jerry Brunner owned in that area which was tillable. This land that we are requesting be zoned A-2 encompasses virtually all of the remaining land that can be used for agricultural purposes with the exception of a small 3 1/2 to 4 acre parcel of land which lies immediately south of County Trunk Highway KP. Picture #9 shows that land that could be kept in agricultural use which is part of the parcels that we were requesting be rezoned to RH-3 and RH-4 lands. This 3 acres of land represents approximately 1% of the land that Jerry owned which could be used for agricultural purposes that we have proposed be rezoned for other purposes. We have at this time requested that the Committee postpone a decision as to our rezoning petition for the reason that we want to work with the Town and its residents regarding the propery zoning for all of these lands. In particular, we want to address any concerns that the Town, or other townspeople might have regarding potential conflicts which might exist, or be created if this property was rezoned. We have discussed and want to have it put in writing that we would be happy to put a deed restriction on any deeds conveying any of these lands. Such deed restrictions will specifically state that whoever would purchase these lands understands that there is existing agricultural use in this area and that they are accepting the property subject to such continued use. This restriction shall be binding upon any buyers along with their heirs and assigns. We believe that if we are forthright at the time that we sell this property about the existence of agricultural use in the surrounding area, that we can avoid any potential conflicts which might exist for any future homeowner. However, we want the Town to see that we will put this in writing as a guarantee so that they can be assured that we will address any potential conflicts which might be created through a rezoning of these lands. We realize that there are concern of removing three acres of agricultural land from agricultural use. Accordingly, we hope to address this issue so as to minimize, or further reduce the loss of such agricultural land. We believe that we can address those concerns and yet still develop these lands in a reasonable and prudent manner. I have enclosed pictures #10, #11 and #12 to show the agricultural land, along with the hills, which are part of the lands that we are requesting be rezoned RH-3 and RH-4. I wish to point out that in the comments that were made by the Regional Planning Commission, Comment d reads as follows: This land is very workable for farming and is currently growing corn and hay. The soils are all classified as prime U.S.D.A. criteria, or 100% of all the soils are either Class 1 or 11.