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PC CO D 'NG IN Po CAN pAG4 RESTRICTIONS 1. WHEREAS, Peter Zilley is the owner of the following described land in the Town of Madison, Dane County, Wisconsin, to wit: Part of the W SE } of Section 35, Town of Madison described as follows: Commencing at the South quarter corner of said Section 35; thence N 00° 52' 55" West, 2640 feet more or less along the North-South quarter line of said Section 35 to the center of said Section 35; thence S 00° 52' 55" E, 1955.99 feet; thence S 88° 58' 50" E, 996.52 feet; thence N 30° 39' 25" E, 80.00 feet to the Northerly right-of-way of USH 14 and 13; thence S 59° 20' 35" E, 124.37 feet along said right-of-way to the Westerly right-of-way of the Chicago and Northwestern Railroad and the point of beginning of this description. Thence N 59° 20' 35" W, 201.07 feet along the North right-of-way of USH 14 and 13; thence along the arc of a curve to the right having a radius of 1213.3 feet and a chord bearing N 42° 55' 17" W, 686.01 feet; thence N 14° 19' 57" E, 108.02 feet; thence N 59° 44' 45" E,227.40 feet to the center line of Clayton Lane; thence Southeasterly along said center line 581 feet to the Westerly right-of-way of the Chicago and Northwestern Railroad; thence S 00° 10' 45" W, 423 feet along said right-of-way to the point of beginning of this description. 2. WHEREAS, The said owner desires to place certain restrictions thereon, to bind the owner and those who may acquire title hereafter; 3. NOW, THEREFORE, in consideration of the mutual benefits passing to and from the owner and those who may hereafter purchase said land and the parties named as beneficiaries of these restrictions, the following restrictions are hereby imposed: 1. The existing triplex shall be removed within five (5) years. 2. An application for rezone of the R-4 area to C-2 Commercial shall be submitted within five (5) years. These restrictions shall constitute covenants running with the land and shall be binding upon all parties now owning any part of said land, their successors, heirs and assigns, and all parties holding under them unless, pursuant to paragraphs 5 or 6 of this instrument, said restrictions are amended or terminated.