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Filed in Clerk's Office <br /> JUN 25 2016 <br /> KAREENIAH FOWLER <br /> CITY CLERK,SOUTH BEND,IN <br /> COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL <br /> ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, <br /> ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE <br /> CITY OF SOUTH BEND ZONING ORDINANCE <br /> In accordance with I.C. 36-7-4-1015,the Owner of the real estate located in St. Joseph County, <br /> Indiana which is described below,makes the following COMMITMENTS concerning the use <br /> and development of the following described parcel of real estate: <br /> LEGAL DESCRIPTION: <br /> Part of the West half of the Southwest Quarter of Section 13, Township 37 North, <br /> Range 2 East, St. Joseph County, Indiana being more particularly described as follows: <br /> Commencing at a point on the West line of Michigan Street, 163 feet South of the North <br /> line of said West half of the Southwest Quarter of Section 13 for the Point of beginning; <br /> Thence running West along the South line of a 20 foot alley to the East line of a 14 foot <br /> alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley, a <br /> distance of 132 feet; Thence East, parallel with the South line of said 20 foot alley to the <br /> West line of said Michigan Street, a distance of 165 feet; Thence North, along the West <br /> line of said Michigan Street, a distance of 132 feet to the Point of beginning <br /> Containing 0.50 acres more or less, subject to all legal easements. <br /> STATEMENT OF COMMITMENTS: <br /> 1. The maximum number of vehicles to be displayed for sale on the property will be 27. <br /> 2. Add 2 trees to the public tree lawn in lieu of foundation landscaping. <br /> 3. Provide landscaped areas with 3' hedges at the northeast comer of the building and the <br /> northeast corner of the lot. <br /> 4. Install landscaped islands to separate the restaurant spaces from the display spaces. <br /> 5. Remove the barbed wire from the fence. <br /> These COMMITMENTS shall run with the land,be binding on the Owner of the above- <br /> described real estate, subsequent owners of the above-described real estate and other persons <br /> acquiring an interest therein. These COMMITMENTS may be modified or terminated by a <br /> decision of the Area Plan Commission of St. Joseph County made at a public hearing after <br /> proper notice has been given. <br /> COMMITMENTS contained in this instrument shall be effective upon the approval of petition <br /> APC 42865-17 pursuant to the City of South Bend Zoning Ordinance, and shall continue in <br /> effect until: (i)the real estate is rezoned; or, (ii)modified or terminated by the Area Plan <br /> Commission of St. Joseph County. <br /> C:1Users\Bemie\AppData\Local\Temp\2865 Written Commitments.doc <br />