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[71
<br /> Document No. This Space Reserved
<br /> For Recording Data
<br /> lRESTRICTIVE COVENANT
<br /> 1. Wes, Ann G. Gratton is the owner of the following CO
<br /> described land in the Town of Madison, Dane County, y„
<br /> Wisconsin, to-wit:
<br /> Part of the NW 1/4 of the SE 1/4 of Section 36, T7N, R9E,
<br /> Town of Madison, Dane County, Wisconsin, being more CC`""0e`fi
<br /> particularly described as follows: / 8 i. t/ '3
<br /> F 1-o ' /g & S
<br /> Commencing at the center of said Section 36; thence S 00°23'50" #1'"I .
<br /> E, 659.79 feet; thence N 89°57'34" E, 281.20 feet to the point
<br /> of beginning; thence N 89°57'34" E, 378.74 feet; thence Return to: Richard A. Wes •y
<br /> S 00°01'02" W, 235.01 feet; thence S 89°48'29" W, 54.84 feet; 103 North Hamilton Street
<br /> thence S 00°02'35" W, 197.69 feet; thence N 77°53'00" W, 66.00 Madison, Wisconsin 53703
<br /> feet; thence N 26°36'05" E, 57.57 feet; thence N 00°54'19" W, -
<br /> 82.70 feet; thence N 90°00'00" W, 100.55 feet; thence N 00°19'36" W, 22.02 feet; thence
<br /> N 77°53'00" W, 157.70 feet; thence N 00°19'36" W, 44.18 feet; thence N 89°50'41" W,
<br /> 27.15 feet; thence N 00°25'23" W, 185.00 feet to the point of beginning. Said parcel
<br /> contains 102,538 square feet.
<br /> (Note: The above legal description coincides with Lot 4 of a certified Survey Map
<br /> prepared by R. F. Sarko & Associates, Inc. , known as Map Number 4-14247. Said parcel
<br /> may be described as Lot 4 of said certified survey provided said certified survey is
<br /> approved for recording by the Secretary of the City of Madison Plan Commission and by the
<br /> Dane County Agriculture, Environment and Land Records Committee, or successor agencies or
<br /> committees thereto.)
<br /> 2. WHEREAS, the said owner desires to place certain restrictions thereon to bind the owner
<br /> and those who may acquire title hereafter;
<br /> 3.' NOW, THEREFORE, in consideration of the mutual benefits passing to and from the owner
<br /> and those who may hereafter purchase said land and the parties named as beneficiaries
<br /> of these restrictions, the following restrictions are hereby imposed:
<br /> No building(s) shall be erected on the above described real estate other than single
<br /> family dwelling(s) as defined in Section 10.01(21) (a) of the Dane County Zoning
<br /> Ordinance.
<br /> These restrictions shall constitute covenants running with the land and shall be binding
<br /> upon all parties now owning any part of said land, their successors, heirs and assigns,
<br /> and all parties holding under than unless, pursuant to paragraphs 5 or 6 of this instrument,
<br /> said restrictions are amended or terminated.
<br /> 4. 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 /> •
<br /> enforcement rights: ,
<br /> (a) The County Government of Dane County, Wisconsin, provided that the lands are under
<br /> the jurisdiction of a zoning ordinance of said County at the time the enforcement
<br /> action is commenced; and
<br /> (b) The Town Government of the Town of Madison, Dane County, Wisconsin, provided that
<br /> the lands are within the governmental jurisdiction of said Town at the time the
<br /> enforcement action is commenced; and
<br /> (c) The owner(s) of record of any land(s) which are located within the district subject
<br /> to the regulations of this ordinance.
<br /> 5. The restrictions set forth in paragraph 3 above may be amended in the following manner:
<br /> (a) A written petition calling for the amendment of the restrictions may be made by
<br /> the persons who are, at the time of the petition, owner(s) of the lands subject to
<br /> the restriction. Such petition shall be submitted to the Dane County Clerk who
<br /> . shall refer the petition to the Dane County Agricultural Extension & Education,
<br /> Zoning, Planning & Water Resources Committee (or successor committee) which
<br /> committee shall schedule and hold a public hearing on the petition in the same
<br /> manner as public hearings for zoning amendment petitions are noticed and scheduled.
<br /> Following such hearing, the committee shall issue a written report on the petition
<br /> to the County Board of Supervisors which shall, by majority vote, approve or reject
<br /> the petition. If approved, the petitioner(s) shall draft the amendatory covenant
<br /> instrument, have same executed by the owner(s) of the lands subject to the
<br /> restrictions and record same.
<br />
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