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111111 I1 1111111 IIJfl• • 8247203 Tx:8153539 DECLARATION OF RESTRICTIVE COVENANT KRISTI CHLEROWSKI DANE COUNTY REGISTER OF DEEDS IN RE: Lots 1, 3 and 4 of Certified Survey Map No. 110 45" , recorded in the office of the Dane County DOCUMENT# Register Deeds, Dane County, Wisconsin in Volume 83 of 4750673 Certified Survey Maps, pages ,2g through 294 • as Document 03/10/2011 11:00 AM No. 4,75-f16 7/ , and located in the Town of Cottage Trans.Fee: Grove, Dane County, Wisconsin and hereinafter referred to as the Exempt#:. "Property." Rec. Fee:30.00 Pages:2 THIS RESTRICTIVE COVENANT is executed this day of March,2011,by Delmer W.Schlueter,Linda J. Schlueter and Melroy C. Schlueter, as individuals and by William M. Schlueter and Shirley J. Schlueter as Trustee under the W. M. & S. J. Living Trust, dated THIS SPACE RESERVED FOR RECORDING DATA Ili ty I Z000 , and any amendments thereto (hereinafter referre to as the"Declarants"). RETURN TO: Mr. Melroy Schlueter 3897 Vilas Hope Road WHEREAS,the Declarants are the owners of the Property;and Cottage Grove,WI 53527 WHEREAS,the Declarants have sought approval of a Certified Survey Tax Parcel No: • Map (CSM) dividing the Property into four (4) lots as shown on the attached Exhibit A;and 0711-192-8500-1 0711-192-8000-6 WHEREAS,the Property is located within the City of Madison's (the "City's")Extraterritorial Plat Approval Jurisdiction;and WHEREAS, Items No. 6 and 7 of the City's Letter of Conditional Approval for the CSM dated January 25,2011 requires the Declarants to restrict the Property before the City shall grant final approval of the CSM for recording; NOW,THEREFORE,the Declarants,as owners of the Property,hereby covenant and agree as follows: 1) At such time as Lot I is annexed to the City of Madison,a preliminary development plan is created and/or a neighborhood development plan is developed by the City of Madison,the owner of Lot 3 shall cooperate with the City of Madison and the owner of Lot 1 to reconfigure Lot 3 to create an acceptable access to a public street;which may require the reconfiguration of the existing lot lines in such a manner that will be mutually beneficial in providing Lots 1 and 3 with public services and access to a public street. Prior to further subdivision of Lot 1 and prior to Lot 3 obtaining public sanitary sewer and/or water service,this agreement shall be implemented by the property owners unless otherwise approved in writing by the Department of Planning and Community&Economic Development or the Plan Commission of the City of Madison. 2) No additional principal structures shall be constructed on Lot 3 beyond one(1) single-family residence unless it is further subdivided and approved by the City of Madison. 3) The construction of principal residences on Lots 1 and 4 is hereby prohibited. 4) The construction of any new permanent structures on Lots 1 and 4 without prior written approval by the Department of Planning and Community&Economic Development or the Plan Commission of the City of Madison is hereby prohibited. 5) The existing residence on Lot I shall be demolished within 90 days of the completion of the one single-family residence to be built on Lot 3. 6) This Declaration shall constitute a covenant that shall run with the land described herein and shall be binding upon the Declarant and the heirs,successors and assigns of the Declarants. • 7) This Declaration shall run with the Property so long as the lots are subject to Dane County zoning,and shall be modified or released only by written agreement executed by the Declarants or the heirs,successors and assigns of the Declarants and by the Department of Planning and Community & Economic Development or the Plan Commission of the City of Madison, which agreement shall be recorded in the Office of the Dane County Register of Deeds. 8) This Declaration shall be recorded in the Office of the Dane County Register of Deeds. This Document was Drafted by: Timothy Parks,City of Madison Planner SIGNATURES FOLLOW ON NEXT PAGE P:\Projects\Wisconsin\Dane\Cottage Grove,TO7N,R11 E\Section 19\15916-Schlueter Living Trust\Management\Correspondence\Submittals& Approvals\Local Madison,City of\Schleuter Declaration of Restrictive Covenant.docx Page 1 of 2 •