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01/26/2007 FRI 09:04 FAX 8349999 HEXAGON TITLE Z025/032 • DANE COUNTY DECLARATION OF CONDITIONS.COVENANTS AND RESTRICTIONS RFOISTER OF DEEDS FOR MAINTENANCE OF STORM WATER MANAGEMENT MEASURES DOCUMENT M 44 7.Sir$$ Er RECITALS: 06/05/2006 01:18PM A. Property owner("Owner')maintains the atorrnwater Trans. Fees mnnascrnent nuezts'es 0errover's woods Firer Addition. Exempt N1 more particularly described on Exhlb.(t A attached hereto Rec. Fee- 21-A0 ("Property"), Pug our 13- Owner desires to construct building*and/or parking facilities on the Property in accordance with eortein plans and spreifiieotions approved by the County. 4 0 1 5 5 $ C. .19,c County requires Owner to record this Declaration regarding maintenance of ctorn:water management measures to be located on the Property. Owner agrees to maintain the stormwutor management measures and to gram to the County the rights sot forth below. NOW.TI'CRORE.In consideration of the declarations herein and other Recording area(Pane Co.Register of Deeds) good and valuable consideration,the revelpl and sufficiency of which are hereby acknowledged,the owner agrees as follows; Return To Dane County Zooiag 210 Martin Luther King Jr.Blvd. I, Maintenance. Owner and Its successors and ensigns shall be Room 116.City-County Building responsible to repair and maintain the stormwatot management Madison.WI 53703 measures bested on the Property Ia good condition and in working order and such that the measures comply with Parent Parcel Narrbors: approved plans on file with Dane County. Said maintenance 058/0811-124-9501-8 shall be at the Owner's solo coat and expense. Owner will 058/081 I-124-8001-0 conduct such maintenance or repair work in accordance with all applicable laws,codas.regulations.end similar requirements. • (See Exhibit D) and F7'ehi.bd.t C- 2. Easement to County, IfOwner falls to maintain the stotmwutcr management measures as required in Section I,then County shall huvc the right.after providingOwnerwith written notice of the maintenance Issue Mulrttcitanco Notice") nd thirty(30) days to comply with the County's maintenance request.to enter the Property in order to conduct the maintenance Specified in the Maintenance Notice, County will conduct such maintenance work in accordance with all applicable laws, codes, regulations,and similar requirements end will not unreasonably interfere with Owner's use of the Property. All costs and expenses Incurred by the County In conducting such maintenance may he charged to the owner of the Property by placing the amount on the tax roll for the Property as u special assessment in accordance with Section 66.0,03.Wis.Stars,and portions of the Dune County Ordinances. 3. Term/Termituatiog. The term of this Agreement shall commence on the date that this Agreement ie filed of record with the Register of Diced'Office for Dane County,Wisconsin,and except as otherwise herein specifically provided,shall continue In perpetuity. Notwithstanding the foregoing,this Agreement may be terminated by recording with the)tagiaterof Deeds Office for Dane County.Wisconsin,a written inerurnant of termination signed by the County end all of the then-ownere of the Property. 4, Jvliscellent . (a) notices. Any notice,request or demand required or permitted under this Agreement shall be in writing and shall be deemed given when personally served or throe(3)days after the acme has been deposited with the United States Post Office.registered or certified nail,return receipt requested,poaagc prepaid and addressed os follows: 1 f to Owner: Fred Schuster If to County: Dane County Zoning 5824 Prospector Lone Room 116CityCauntyBuilding Marshall.WI 53559 210 Martin Luther Kingir.Blvd, Madison.WI 53703 Any party may change its uddress for the receipt of notice by written notice to the other. (b) Qoyornine Lave. This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin. (c) ., .a..,, • .. F ., • ti - .. . 4 • • in i This Agreement may not be modified in whole or in part unless such agreement is in writing and signed by all parties bound hereby. • (d) C.Qrcnants Revving with the Land. All ol'the easomenrs,restrictions,covenants and agreements set forth in this Agreement aro intended to be and Shall be construed as covenants running with the land,binding upon,inuring to the benefit et and enforceable by the partied hereto and their respective successors and assigns. lc) Partial lnveljiljty. Ifany provlsiona,or portions thereof,of this Agreement or the application thereof to any person or cirournstanecshall,to any extent,be invalid or unenforceable,the remninderof this Agreement,OT the application of such provision. or portion thereof.to any other parsons or o(reumatances shall not bo affected thereby and each provision of this Agreement shall be valid and enforceable to the tulles;exlont permitted by law.