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045 <br /> DEED RESTRICTION <br /> PAGE 2 <br /> III. NOW, THEREFORE, in consideration of the mutual benefits passing to <br /> and from the owner and those who may hereafter purchase said land <br /> and the parties named as beneficiaries of these restrictions, the <br /> following restrictions are hereby imposed: <br /> 1) . That the applicant obtain a storm water run-off and control <br /> plan from the Town of Burke Town Board by October 31, 1999 and also <br /> have approval from the Dane County LCC. <br /> These restrictions shall constitute covenants running with the land <br /> and shall be binding upon all parties now owning any part of said <br /> land, their successors, heirs and assigns, and all parties holding <br /> under them unless, pursuant to paragraphs 5 or 6 of this <br /> instrument, said restrictions are amended or terminated. <br /> IV. The restrictions provided for herein shall be enforceable at law or <br /> equity against any party who has or acquires an interest in the <br /> land subject to the restriction by the following parties who are <br /> named as grantees, promisees and beneficiaries with enforcement <br /> rights: <br /> (a) The County Government of Dane County, Wisconsin provided that the <br /> lands are under the jurisdiction of zoning ordinance of said County <br /> at the time the enforcement action is commenced; and <br /> (b) The Town Government of the Town a78k ekE Dane County, Wisconsin <br /> provided that the lands are within the governmental jurisdiction of <br /> said Town at the time the enforcement action is commenced. <br /> (c) The owner(s) of record of any land/s which are located within 300 <br /> feet of the subject site. <br /> V. The restrictions set forth in paragraph 3 above may be amended in <br /> the following manner: <br /> (a) A written petition calling for the amendment of the restrictions <br /> may be made by the persons who are, at the time of the petition, <br /> owner/s of the lands subject to the restriction. Such petition <br /> shall be submitted to the Dane County Clerk who shall refer the <br /> petition to the Dane County Zoning & Natural Resources Committee <br /> (or successor committee) which committee shall schedule and hold a <br /> public hearing on the petition in the same manner as public <br /> hearings for zoning amendment petitions are noticed and scheduled. <br /> I <br />