Zoning & Special Exception - Property Located at 605 North Hickory Rd

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EXHIBIT "A" NOTE: The City of South Bend Zoning Ordinance, requires the use of this form in recording commitments made with respect to Development Plan Approvals, Zone Map Changes or Planned Unit Developments in accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -615. COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE. In accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -615, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENT concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 4 OF THE PLAT OF "MC KINLEY - HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT # 4; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 4; THENCE N. 89 °2822" W. ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 155.61 FEET,-THENCE N. 00002'06"E A DISTANCE OF 130.00 FEET- THENCE S.89 02822" E. A DISTANCE OF 145.61 FEET TO THE WEST LINE OF HICKORY ROAD; THENCE ALONG SAID WEST LINE FOR THE NEXT THREE (3) COURSES, S. 00 °02'06" W. A DISTANCE OF 1651 FEET AND S. 89-57,54"E. A DISTANCE OF 10.00 FEET AND S. 00 °02'06" W. A DISTANCE OF 113.58 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. STATEMENT OF COMMITMENT: 1. No buildings, outside storage areas or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the North property line of the above described property. This COMMITMENT shall run with the land, be binding on the Owner of the above - described real estate, subsequent owners of the above - described real estate and other persons acquiring an interest therein. This COMMITMENT may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. 1 NNAN2 742019v1 Ord. No.: 9495 -04