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01/26/2007 FRI 09:03 FAX 8349999 HEXAGON TITLE Z019/032
<br /> DRCLARATIONOF CONDITIONS,COVENANTS ANDRESTRICTIONS DANE COUNTY_
<br /> FOR MAINTENANCE OR STORMWATER MANAGEMENT MEASURES REGISTER OF DEEDS
<br /> DOCUMENT t
<br /> RECITALS: •'Qi1• :i. '_I"7,,cam 45.'a%
<br /> A. Property owner("Owner")trmintain%the stormwatcr 06/01/2 @96 1.0 a BEAM
<br /> nanagentent measures of Drovers Woods First Addition. Teens. Fee
<br /> more particularly described on BxhlMtA attached hereto Exempt: l ;
<br /> ("Property"). Roo. FQOe 21.00
<br /> B. Owner desires to oonatruct buildings and/or parking facilities on pages: 6
<br /> the Property in occordanCe with certain pions and specifications
<br /> approved by the County.
<br /> C. The County requires Owner to record this Declaration regarding 040441
<br /> maintenance of stormweter management measures to be located
<br /> on the Property. Owner agrees to maintain the atotmwatcr
<br /> management measures and to grant to the County the rights sat
<br /> forth below.
<br /> NOW.THEREFORE,in consideration of the declarations herein and other Recording area(Dane Co.Register of Deeds)
<br /> good end valuable consideration,the receipt and sufficiency of which are
<br /> hereby acknowledged,the owner agrees as follow:: Rotten To; Dane County Zoning
<br /> 210 Martin I-utter King Jr.Blvd.
<br /> Maintenance. Owner and its successors and t,edigns shall be Room 116,City-County Building
<br /> responsible to repair and mainusin the stormweter 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 pltuna on file with Dane County. Said maintenance 058/081 I-124-9501-8
<br /> shall be at the Owner's Sole cost and expanse. Owner will 058/081 1-124-8001-0
<br /> conduct such maintenance or repair work in accordance with all
<br /> applicable laws,codes,regulations,and similar requirements.
<br /> ($ae Exhibit B)
<br /> 2. Easement to County. if Owner fails to maintain the Stormwater management tneeSUrtS 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 rho maintenance specified hi
<br /> the Maintenance Notice. County will conduct such maintenance work in accordance with all applicable lows, 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 thetaxroll for the Propertyar+a special assessment in accordance with Section 66.0703,Win-Stam and portions of
<br /> the Dane County Ordinances.
<br /> 3_ Te.mh/Te,-rninmion, The term of this Agreement shall commence on the date that this Agreement is filed of record with the
<br /> Resistor of Deeds Office for Deno County.Wisconsin,and except as othcrwise herein speciiically provided,shell continue in
<br /> perpetuity. Notwithstanding the foregoing.dhl s Agreement maybe terminated by recording with the Register of Deeds Office
<br /> for Peno County, Wisconsin,a written instrument of termination signed by the County end all of the then-owners of the
<br /> Property.
<br /> 4. MIsoollatgg .
<br /> (a) Notices. Any notice,request or demand required or permitted under this Agreement shall been writing and shell bo
<br /> deemed given when personally served or Three(3)days after the same has been deposited with the United States Pest
<br /> Office,registered or certified mail,return receipt requested,postage prepaid and addressed as follows:
<br /> If to Owner: eyed Schuster if to County; Pane County Zoning
<br /> 5824 Prospector Lane Room 116Ciry County Building
<br /> Mersball,WI 53559 2l0Martin Luther lCvngJr,Blvd.
<br /> Madison.WI 53703
<br /> Any party may change its address for the receipt or notice by written notice to the other.
<br /> (b) Governing Law. This Agrccmcnt shall be governed and construed in accordance with the laws of the State of
<br /> Wisconsin.
<br /> (c) . ,,_.,,•men r • a s, _. - nt_ o _ '• , i h., 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) Cotwmnnts Rumnintt with the Land, All of rho casements.restrictions,covenants and agreements sat forth in this
<br /> Agreement arc intended to be and shell be construed us covenants running with the 1 and.binding upon,inuring to the
<br /> benefit of,and enforceable by the parties hereto and their respective Successors and assigns.
<br /> (o) Partilh)Invelfdity. If any provisions,or portions thereof,of this Agreemcntor 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 Ault not be alTootod thereby and each
<br /> provision of thin Agreement shall be valid and enforceable to the fullest extent pen/titled by Is w.
<br /> 41.6
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