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-%_ <br /> Sup. R. Richard Wagner <br /> January 24, 1989 <br /> Page 3 <br /> Second, as it is drafted, the Deed Restrictions could be <br /> construed as granting permission, without further action by way <br /> of issuance of a Conditional Use Permit, for the construction of <br /> a racetrack, a combination of a restaurant and bar , kennels and <br /> a residence. All of these now require the issuance of a <br /> Conditional Use Permit and there needs to be language in the <br /> Deed Restrictions recognizing that fact. I suggest the <br /> following language be added as a new sub-section ( I ) of section <br /> V, on page 12 : <br /> " ( I ) The listing of permitted uses in Section I shall <br /> not be construed as an approval of such uses by the <br /> COUNTY and all such uses, individually or collectively, <br /> shall be subject to the issuance of a Conditional Use <br /> Permit or Permits by the COUNTY upon application by the <br /> Owners, all in accordance with chapter 10 of the Dane <br /> County Code of Ordinances . It is further understood and <br /> agreed to by Owners that other conditions set forth <br /> herein ( in Sections II, III, IV and V) for the use of <br /> the Parcel may be incorporated in, or made more <br /> restrictive and as so amended included in, any <br /> Conditional Use Permit or Permits which may be issued by <br /> the COUNTY. The COUNTY expressly retains all of its <br /> rights, duties and obligations with respect to the <br /> issuance of a Conditional Use Permit or Permits for the <br /> Parcel, including the right to require payment from the <br /> Owners for bridge and road improvements and other <br /> improvements and actions the county may be required to <br /> construct or perform, and these Deed Restrictions shall <br /> not be construed as a waiver thereof. " <br /> On page 3 ( Item I-G) , page 4 ( Item I-G and I-H) , page 6 <br /> ( Item III-B and III-C-1 and C-2) , page 7 ( Item III-D and III-E) <br /> and on page 8 ( Item IV-A) , there are references to approvals <br /> from the Town of Rutland or to reimbursement to the Town. These <br /> should be amended to include the county as well . Page 9 ( Item <br /> IV-D and IV-E) contains, respectively, a reference to Town <br /> permission for open air burning and submission of information to <br /> the Town Clerk. The Committee may wish to consider whether <br /> these are county concerns as well; I express no opinion thereon. <br /> Gene Rankin correctly points that the provision contained <br /> in Items V-B-1 is awkwardly phrased. There should be a <br />