Special Exception - 3700 S. Gertrude St.

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evergreen trees and other plantings on Owner's south property line; (b) a 10 foot high acoustical fence along the entire west and north lines of the Property; and (c) a 10 foot high solid, decorative fence along the east line of Owner's Property, all as set forth on the site plans submitted as part of the Petition. 14. Owner shall (a) direct, as a condition to operations of any resource recovery facility/metal shredding operation, that all truck traffic leaving the Property exit such Property solely to the South, and (b) cooperate, at the request of the City of South Bend, with directing trucks that may enter or exit the Property to do so using only designated truck routes and not use any route extending north along Gertrude from the Property. 15. Prior to commencing any operations utilizing the resource recovery facility, Owner will spread or otherwise install throughout the subject site, pavement, asphalt, crushed asphalt and/or other crushed aggregate (or a combination) to provide a general cap on the entire site. These Commitments shall be binding on the Owner, subsequent owners of the above-described real estate, and other persons acquiring an interest in the above-described real estate. These Commitments may be amended or terminated upon request by Owner, only by a decision of the City of South Bend Board of Zoning Appeals, and approved by the Common Council of the City of South Bend, made at a public hearing after proper notice has been given. Commitments contained in this instrument shall be effective upon the grant of petition No. 9 by the City of South Bend Common Council. These Commitments may be enforced jointly or severally by: A. The City of South Bend, Indiana; B. Owners of all parcels of ground adjoining the real estate within three- hundred (300) feet from the subject property, and all owners of real estate within the area included in the petition who were not petitioners. Owners of real estate entirely located outside the City of South Bend are not included, however; and C. The St. Joseph County Health Department. The undersigned hereby authorizes the Clerk of .the City of South Bend Common Council/Secretary of the City of South Bend Board of Zoning Appeals to record this Commitment in the office of the Recorder of St. Joseph County, Indiana, upon final approval of petition No. 9. Exhibit A to Resolution Page 3