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• 1 • . I September 28, 1987 Page Three (1) That Menard, Inc. will record a deed restriction limiting the uses permitted on the subject parcel that would be enforceable by the Town of Middleton or by Dane County. (2) That Menard, Inc. will dedicate a 100-foot right of way running under the culverts on County M along the low point of the rezoned property for water retention and public purposes deemed appropriate by the Town of Middleton. (3) That Menard, Inc. will submit a detailed landscaping plan to be reviewed and approved by the Town of Middleton Planning Commission. In addition, Menard, Inc. is prepared to amend its purchase agreement with the Vitense family, who are the current owners of the parcel in question, to name the Holy Name Seminary and the Board of Directors of the Applewood Hills Association as third party beneficiaries so that these entitities can also enforce the deed restrictions without going to the Town or the County if they desire. Although the Town did not participate in these negotiations, the Town would not act on this zoning proposal until a satisfactory resolution was reached with the adjoining property owners. The Town of Middleton has had a land use plan which was developed for the Town by Mead and Hunt eight years ago. That plan was not approved by the Regional Planning Commission because the Town would not subject itself to exclusive agricultural zoning. Such a move, in the Town's view, would have doomed the Town to a stagnant state with respect to any type of commercial or residential development. The Town of Middleton is quite unique in that it is a transitional township--it immediately adjoins the most rapidly expanding urban area of Dane County. There- fore, the Town's approval of this project was based on the assumption that this proposal is consistent that their land use plan and is necessary to maintain the land use stability in that immediate area.. One final word on the Town's action. The Town's right to self- determination must be given considerable weight by you. The Town has not been blinded by the potential direct and indirect economic benefits of this project to the detriment of the non-economic considerations of its community. 3. How will the potential uses of this property be limited? I am enclosing the proposed deed restriction which will be recorded assuming your favorable consideration. The list of permitted uses has gone through numerous changes--always in the direction of making it more restrictive. The latest change came as a result of a meeting among Town