|
s �
<br /> • DANE COUNTY
<br /> DECLARATION OF CONDITIONS,COVENANTS AND RESTRICTiONS REGISTER OF DEEDS
<br /> FOR MAINTENANCE OF STORM WATER MANAGEMENT MEASURES DOCUMENT it
<br /> • 41ti3$$E.&
<br /> RECITALS:
<br /> 06/05/2006 01i18PM
<br /> A. Propeity owner("Owner")maintains the stormwater Trans. Fee a
<br /> management measures of Drover's Woods First Addition, Exempt Hs
<br /> more particularly described on Exhibit A attached hereto Rec. Fees 2L 00
<br /> ("Property")
<br /> Pages: 6
<br /> B. Owner desires to construct buildings and/or parking facilities on
<br /> the Property in accordance with certain plans and specifications
<br /> approved by the County. 0 015.5_8 •
<br /> C. 'iltc County requires Owner to record Chia Declaration regarding
<br /> maintenance of stormwater management measures to be located
<br /> on the Property. Owner agrees to maintain the stormwater
<br /> management measures and to grant to the County the rights set
<br /> forth below.
<br /> NOW,THEREFORE,in consideration of the declarations herein and other Recording area(Dane Co.Register of Deeds)
<br /> good and valuable consideration.the receipt and sufficiency of which are
<br /> hereby acknowledged,the owner agrees as follows: Return To: Dane County Zoning
<br /> 210 Martin Luther King Jr.Blvd.
<br /> 1. Maintenance. Owner and Its successors and assigns shall be Room 116,City-County Building
<br /> responsible to repair and maintain the stormwater management Madison,WI 53703
<br /> measures located on the Property In good condition and in
<br /> working order and such that the measures comply with Parent Parcel Numbers:
<br /> approved plans on file with Dane County. Said maintenance 058/081 1-124.9501-8
<br /> shall beat the Owner's sole coal and expense. Owner will 058/0811-124-8001.0
<br /> conduct such maintenance or repair work in accordance with all
<br /> applicable laws,codes,regulations,and similar requirements.
<br /> (See Exhibit B) and Exhibit C.
<br /> 2. Easement to County. If Owner fails to maintain the stormwater management measures as required in Section 1,then County
<br /> shall have the right,after providing Owner with written notice of the maintenance issue("Maintenance Notice")and thirty(30)
<br /> days to comply with the County's maintenance request,to enter the Property in order to conduct the maintenance specified in
<br /> the Maintenance Notice. County will conduct such maintenance work in accordance with all applicable laws,codes,
<br /> regulations,and similar requirements and will not unreasonably interfere with Owner's use of the Property. All costs and
<br /> expenses incurred by the County in conducting such maintenance may be charged to the owner of the Property by placing the
<br /> amount on thetas roll for the Property as a special assessment in accordance with Section 66.0703,Wis.State,and portions of
<br /> the Dane County Ordinances.
<br /> 3. TermuTemrinatiort, The term of this Agreement shall commence on the date that this Agreement is filed of record with the
<br /> Register of Deeds Office for Dane County,Wisconsin,and except as otherwise herein specifically provided,shall continue in
<br /> perpetuity.Notwithstanding the foregoing,(hie Agreement may be terminated by recording with the Register of Deeds Office
<br /> for Dane County,Wisconsin,a written instrument of termination signed by the County and all of the then-owners of the
<br /> Property.
<br /> 4. Miscellaneous.
<br /> (a) Notices.Any notice,request or demand required or permitted under this Agreement shall be in writing and shall be
<br /> deemed given when personally served or three(3)days after the same has been deposited with the United States Post
<br /> Office,registered or certified mail,return receipt requested,postage prepaid and addressed as follows;
<br /> If to Owner: Fred Schuster If to County: Dane County Zoning
<br /> 5824 Prospector Lane Room 116 CityCounty Building
<br /> Marshall,WI 53559 210 Martin Luther Kingh,Blvd.
<br /> Madison,WI 53'703
<br /> Any party may change Its address for the receipt of notice by written notice to the other,
<br /> •
<br /> (b) Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of
<br /> Wisconsin.
<br /> (c) Amendments or Further Am-cements to be in Writing. This Agreement may not be modified in whole or in part
<br /> unless such agreement is in writing and signed by all parties bound hereby.
<br /> (d) Covenants Running with tho Land, All of the casements,restrictions,covenants and agreements net forth in this
<br /> Agreement are intended to be and shall be construed as covenants running with the land,binding upon,inuring to the
<br /> benefit of,and enforceable by the parties hereto and their respective successors and assigns.
<br /> lc) Pallid Invalidity. If any provisions,or portions thereof,of this Agreement or the application thereof to any person or
<br /> circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Agreement,or the application of
<br /> such provision,or portion thereof,to any other persons or circumstances shall not be affected thereby and each
<br /> provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
<br />
|