Amending the Zoning Ordinance Property located at 710 E Colfax Ave

Home Browse Search

, COMMITIMMTREGARDING USE AND DEVELOPMENT OF REAL TESTATE James J. Crimmins and Mary Sue Crimmins, 513 Marquette Avenue, South Bend, Indiana 46628, hereinafter referred tows "Owners", being the fee title owners of record of certain real estate commonly described as 710 East Colfax Avenue, South Bend, Indiana, the legal description for which is attached hereto, marked Exhibit "A", and made a part hereof, and having filed a Petition to rezone said property on February 7, 1990, with the Common Council of the City of South Bend and the Area Plan Commission of St. Joseph County to rezone the said property from a 'B" Residential District to a "C" Commercial", "B" Height and Area District, which Petition is now pending before the Common Council of the City of South Bend, do hereby make, pursuant to I.C. 36-7-4-613, the following commitments concerning the use and development of said real estate as an expressed condition of the proposed rezoning of said property from a "B" Residential District to a "C" Commercial, "B" Height and Area District by the Common Council of the City of South Bend: 1. The Owners agree to limit the use of the property to be rezoned for the specific use as an accounting, bookkeeping and sales office for Rainbow International, Inc. , or its successors, including employee and/or customer parking, and to specifically develop said parcel of real estate in accordance with the terms and provisions of a written site development plan, a copy of which is attached hereto, marked Exhibit "B", and made a part hereof; 2. The Owners further agree that, as provided in I.C. 36-7-4-613, unless modified or terminated by the Area Plan Commission of St. Joseph County and/or the South Bend Common Council, this commitment is binding on them as Owners of the parcel, and each subsequent owner, and each other person acquiring an interest in the parcel; 3. The Owners agree that this commitment shall be recorded in the office of the St. Joseph County Recorder and a file-marked copy of the recorded commitment shall be furnished to the South Bend Common Council, the Area Plan Commission of St. Joseph County and all property owners of record located within three hundred feet (300') of the Petition property; the Owners further agree that these commitments shall take effect upon the adoption of an amendment to the South Bend Zoning Ordinance b; the South Bend Common Council in accordance with the Owners' PetitioL D rezone; 4. The Owners further tree that this commitment may be modified or terminated only by a a i.sion of the Area Plan Commission of St. Joseph County and/or the Comma Council of the City of South Bend, made at a public hearing after not =e has been given by their rules as provided in I.C. 36-7-4-613; 5. The Owners. agree that theme commitments shall be enforceable by an action in either law or equity by the City of South Bend, the Common