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01/26/2007 FRI 09:03 FAX 8349999 HEXAGON TITLE Z015/032 DECLARATION OP CONDITIONS,COVEislANTS AND RESTRICTIONS DANE. COUNTY 1?OR MAINTENANCE OV STORMWATER MANAGEMENT MEASURES REGISTER OF DEEDS DOCUMENT H RECITALS: I 411. 1.. 'SO CBI 16.=:e tee.ea A. Property owner("Owner")rnaijtaina the atotniwater 05/12/2606 08:1BAM management measure%of Drover's Woods First Addition. Trans_ Fee: more pw'ticularly described on Exhibit.A attached hereto Exempt it: ("Property-). Rec. Feel 17,06 B. Owner tkaires to construct buildings and/or parking facilities on i Pages: 4 the Property in accordance with certain plans and specifications approved by the County. C. The County requires Owner to record this Declaration regarding 0 0 0 ey n 5' m maintenance of atorwater management measures to be located I ,G U on the Property. Owner agrees to maintain the stormwator Management moasuroa and to grant to the County the rights set forth below. NOW THEREFORE,in consideration of the declarations herein and other Recording area(Dane Co.Register of Deeds) good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the owner agrees as follows: Return.To: Dane County Zoning 210 Martin Lutber King Jr.Blvd. 1. jt+rmncq. Owner and its successors and assigns shall bo Room 116,City-County Building responsible to repair and maintain the stoneware?management Madison,WI 53703 measures located on the Property in good condition and in wonting order and such that the measures comply with Parent Parcel Numbers: approved plans on tUe with Dane County. Said maintenance 058/0811-124-9501-8 shall be at the Owner's sole cost and expense_ Owner will 038/081 1.124-8001-0 conduct such maintenance or repair work in accordance with all applicable laws,codes,regulations.and similar requirements. (Sec Exhibit B) 2. Easement to Counts. If Owner fails to maintain the stottnwater management measures as required In Section 1,than County shall have the right,after providing Own or with written notice oldie maintenance issue("Maintenance Notice")and 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 nil applicable laws, codes. regulations.end similar requircmentt and will not unreasonably interfere with Owner's use of the Property. All costs and expenses incurred by the County in conducting such maintenance maybe charged to the owner ofthc Property by placing the amount on the tax roll for the Property as a special aesessrnentin accordance with Section 66.0703,wit:.Stets,and portions of the Dane County Ordinances. 3. Terrn/l'ereaination. The term of this Agreement shall commence on the dote that this Agreement is filed of record with the Register of Deeds Office for Dane County,Wisconsin,end except us otherwise herein tppeeiflcallyprovided.shali continue in perpetuity. Notwithstanding,the foregoing,this Agreement may be terminated by recording with the Register or Deeds Office for Dane County,Wisconsin,a written instrument of termination signed by the County and ell of the than-owners or** Property. 4. Mig Brener au, (n) 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 three(3)days eflcrthc same has been deposited with the United States Post Office,registered or certified mail,return receipt requested.postage prepaid end addressed as follows: If to Owners Fred Schuster I f to County: Done County Zoning 5824 Prospector Lane Room 116 City County Building Marshall,WI 53550 210 Martin LutherlGnglr.BIvd. Madison,WI 53703 Any party may change its address for the receipt of notice by written notice to the other. (b) Ooverninn Law. This Agreement shall be governed and construed in accordance with the laws of the Stele of Wisconsin. (c) a, a,rn la Pu her AL it erne to a Write.. This Agreement may not be modified in whole or in part unlesa such agreement is in writing end signed by all parties bound hereby. (d) Covenants Rennin.n wittulic,Land, All of the easements,restrictions.covenants and agreements act forth in this Agreement are intended to be and shall be construed as covenants running with the land,binding upon,inuring to the benefit of,and enforceable by the parties hereto and their respective successors and assigns. (a) Portia]Invs]idt'ty. if any provisions,or portion a thereof.of this Agreement or the application thereof to any person Or circumstance shall,to any extent,be invalid or mien forceable,the reminder of this Agreement,or the Application of such provision.or portion thereof.to any other persona or circumstances shall not be affected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.