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3. Owners also agree to have no ingress or egress from the `'CB" Community Business Zoned portion of the property to <br />Elkins Street or .NlIcErlain Avenue. <br />4. The Owners agree that this Commitment shall be recorded in the Office of the St. Joseph County Recorder, and a <br />File-marked copy of the recorded Commitment shall be turnished to the City of South Bend Common Council, the Area <br />Plan Commission of St. Joseph County, and all property owners of record located within three hundred (300') feet of <br />the petitioned propem: the Petitioners further agree that these commitments shall take effect upon the adoption of an <br />amendment to the City of South Bend Zoning Ordinance by the City of South Bend Common Council in accordance <br />with the Petitioner's Petition to rezone; <br />The Owners further agree chat these commitments be modified or terminated only by a decision of the Area Plan <br />Commission of St. Joseph County made at a public hearing after notice has been provided by their rules as provided at <br />I.C. 367 -4 -6I <br />6. The Owners agree that this commitment shall be enforceable by an action in either law or equity by the City of South <br />Bend, the City of South Bend Common Council, City of South Bend Zoning Administrator, the Area Plan Commission <br />of St. Joseph County, or by one (l ) or more property owners located within three hundred (300') feet of the petitioned <br />property and/or the successors and assigns of said property owners, said property owners being a class of especially <br />affected persons entitled to enforce these commitments as contemplated by LC. 36- 7-4 -61 <br />?. The Owners hereby agree that the use and development of said property shall be strictly in accordance with the terms <br />and provisions of these commitments and: <br />3. The Owners further agree that these commitments shall be binding upon the owners, their successors in interest, <br />assigns, heirs, beneficiaries and personal representatives of their estates provided they be then in title in the real estate <br />above described. <br />Executed day of 2005 <br />Approved <br />AREA PLAN COI ON OF <br />ST. JOSEPH tiv Y <br />i <br />By: ; <br />A T-r = Q-r- <br />Y <br />Prepared by Richard & Anne Lafree and Jerry & Nlarguery Macri- Owners <br />• <br />