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<br />. f ..! 1'. r ' -' L
<br />'DER
<br />COM BMffTMENT REGARDNG USE AND DEVELOPMENT
<br />OF REAL ESTATE
<br />Richard & Anne Lafree of 804 Lincolnway East, Mishawaka, Indiana 46544; and Jem & Marguery Macri of 15575
<br />Victorian Court, Granger, Indiana 46530, hereinafter referred to as "Owners ", concerning certain real estate located in
<br />the 3500 Block of the South side of Douglas Road., South Bend, Indiana 46635 with the total being 6.97 acres,
<br />commonly known as the 3500 Block of the South side of Douglas Road, South Bend, Indiana 46635 and the legal
<br />description being as follows:
<br />THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST,
<br />CLAY TOWN-SHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
<br />BEGNNPv "G AT THE NORTHWEST CORNER OF THE PLAT OF "LAFREE'S DOUGLAS ROAD MINOR
<br />SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0438848 IN THE RECORDS OF THE RECORDER'S
<br />OFFICE OF ST. JOSEPH COUTiTY, INDIANA, THENCE S. 000- 00' -00" W. ALONG THE WEST LINE OF SAID
<br />PLAT, 752.75 FEET MORE OR LESS; THENCE S. 900- 00' -00" W., 199.43 FEET MORE OR LESS: THENCE N.
<br />003- 00' -00" E., 318.40 FEET MORE OR LESS: THENCE S. 903- 00' -00" W., 353.87 FEET MORE OR LESS:
<br />THENCE N. 000-00'-00" E., 434.36 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD;
<br />THENCE N. 90 °- 00' -00" E. ALONG SAID CENTERLINE, 553.32 FEET MORE OR LESS TO THE POINT OF
<br />BEGNNING.
<br />CONTAINING 6.97 ACRES MORE OR LESS.
<br />SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
<br />And having filed a petition to Rezone said property on June 8, 2005 with the City of South Bend Common Council and
<br />the Area Plan Commission of St. Joseph County to Rezone said property from '`SF1" Single Family and Two Family
<br />District and "OB" Office Buffer District to "CB" Community Business District. does hereby make, pursuant to I.C. 36-
<br />7 -4 -613, the following commitments concerning the use and development of said real estate as expressed conditions of
<br />the proposed rezoning of said property from "SFI" Single Family and Two Family District and "OB" Office Buffer
<br />District to "CB" Community Business District by the City of South Bend Common Council:
<br />I. The Owners agree not to use the above- described property for any of the following Primary Uses: (a). Gasoline
<br />Service Station with or without repair, (b). Fast FoodiDrive- Through, Bar, Cabaret- Adult, Cabaret -21 and Over,
<br />Tavern, (c). Bus Station, (d). Neighborhood Recycling Collection, (e). Skating Rink (ice or roller) — indoor: Social
<br />Hall; Theater - indoor, (t). Retail: Improvement Store; Lumber Yard; Special Exception Uses: (a). Miscellaneous:
<br />Casinos with or without Hotel facilities where gambling games are conducted, Off -Track Pari- mutual Wagering
<br />facilities, Public Dance Hall, Billard Hall, Pawn Shop, Gun Shop and Gunsmith Shops, (b). Personal services: Tattoo,
<br />Body Piercing, Scarifying and Branding Establishments, (c). Recreation: Arcades, Amusement Arcades; Fairgrounds;
<br />Skate Board Park; Theater- outdoor.
<br />2. The Owners agree to use the north 450 feet of the property described above for allowed retail uses (excepting uses
<br />listed in item : 1 above). Any building located in excess (i.e. further south) of the above stated north -south dimension
<br />soshall be limited to Professional office uses including but not limited to !Medical office uses.
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