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distance of approximately One Hundred Four (104') Feet and a width of <br /> approximately Ten (10') Feet. Olive Heights Addition, and also TOGETHER <br /> with the West Two (2') Feet of Lot 38 in Olive Heights Addition to the City <br /> of South Bend, Indiana, ALSO: Beginning at the Northwest corner of Lot 39 <br /> in the Olive Heights Addition to the City of South Bend; thence East along <br /> the North line of said Lot Two (2') feet to a point; thence South along a line <br /> Two (2') Feet East of and parallel to the West line of said Lot 39 a distance <br /> of Seventeen (17') Feet to a point, said point being the beginning of a curve <br /> to the left; thence Southeasterly following the arc of a circle to the left with <br /> a radius of Twenty-five (25')Feet and whose center is Twenty-seven (27') Feet <br /> East of the West line of said Lot to a point Two (2') Feet North of the South <br /> line of said Lot and Twenty-seven (27') Feet East of the West line of said Lot; <br /> thence East along a line Two (2') Feet North of and parallel to the South line <br /> of said Lot, to the East line of said Lot; thence South along said East line of <br /> Lot Two (2') Feet to the South line of Lot; thence West along said South line <br /> of Lot One Hundred Twenty(120') Feet to the West line of Lot; thence North <br /> along said West line of Lot Forty (40') Feet to the Northwest corner of said <br /> Lot being the place of beginning. <br /> From "C-1" Commercial, "C" Height and Area <br /> to "C" Commercial, "E" Height and Area <br /> (C) Lots Numbered 43, 44 and 45, TOGETHER with the South 9 feet of the <br /> vacated 14 foot alley lying South of Lot 46 and lying North of Lots 43, 44 & <br /> 45, Olive Heights Addition <br /> From "B" Residential, "A" Height and Area <br /> to "C" Commercial, "E" Height and Area <br /> 5. This rezoning is requested to allow the following use(s): <br /> Construction of retail drug store with drive-through window <br /> 6. Attached is a copy of (a) legal description of the property; (b) a list of names and address <br /> of all property owners within 300 feet of the petition property; and (c) five (5) site plans; <br /> and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition <br /> property. <br /> 7. By signing this petition, I and any contingent purchaser understand that if the Council <br /> approves this petition to rezone, it may be approved subject to the submittal of a final site <br /> plan. A final site plan must be submitted to and approved by the Area Plan Commission <br /> within one (1) year of the Council's action. In addition, a building permit must be issued for <br /> the use indicated on the petition within one year following the approval of the final site <br /> plan. Failure to submit a final site plan or obtain a building permit within the specified time <br /> period, causes the zoning of the petitioned property to revert to the initial zoning <br /> classification. Under certain conditions, a time extension on the submittal of the final site <br /> plan may be requested. <br /> PETITION PREPARED BY: <br /> John H. Peddycord, Esq. (#5670-71) Jo 'eddycord, Esq. <br /> A •rney for Contingent Purchaser, Bodner <br /> Management Corporation <br /> MAY, OBERFELL & LORBER <br /> 300 North Michigan Street <br /> A44A1 <br />