Designating the Douglas Road Economic Development Area and Approving the Order of the Area Plan Commission

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COMMITMENT REGARDING USE AND DEVELOPMENT OF REAL ESTATE Richard & Anne Lafree of 804 Lincolnway East, Mishawaka, Indiana 46544, and Jerry & Marguery Viacri of [5575 Victorian Court, Granger, Indiana 46530, hereinafter referred to as "Owners ", concerning certain real estate located in the 3500 Block of the South side of Douglas Road. South Bend; Indiana 46635 with the total being 6.97 acres, commonly known as the 3500 Block of the South side of Douglas Road, South Bend, Indiana 46635 and the legal description being as follows: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF THE PLAT OF "LAFREE'S DOUGLAS ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0438848 IN THE RECORDS OF THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDIANA, THENCE S. 000- 00' -00" W. ALONG THE WEST LINE OF SAID PLAT. 752.75 FEET MORE OR LESS; THENCE S. 90'- 00' -00" W., 199.43 FEET MORE OR LESS: THENCE N. 00`- 00' -00" E., 318.40 FEET MORE OR LESS; THENCE S. 90'- 00' -00" W., 35187 FEET MORE OR LESS; THENCE N. 00'- 00' -00" E., 431.36 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD; THENCE N. 900- 00' -00" E. ALONG SAID CENTERLINE. 55332 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 6.97 ACRES !NIORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. And having filed a petition to Rezone said property on June 8. 2005 with the City of South Bend Common Council and the Area Plan Commission of St. Joseph County to Rezone said property from "SFI" Single Family and Two Family District and "OB" Office Buffer District to "CB" Community Business District. does hereby make, pursuant to I.C. 36- 7-4 -613, the following commitments concerning the use and development of said real estate as expressed conditions of the proposed rezoning of said property from "SFI° Single Family and Two Family District and "OB" Office Buffer District to "CB" Community Business District by the City of South Bend Common Council: 1. The Owners agree not to use the above - described property for any of the following Primary Uses: (a). Gasoline Service Station with or without repair, (b). Fast FoodlDrive- Through, Bar, Cabaret - Adult, Cabaret -21 and Over, Tavern, (c). Bus Station, (d). Neighborhood Recycling Collection, (e). Skating Rink (ice or roller) — indoor: Social Hall; Theater- indoor, (t). Retail: Improvement Store; Lumber Yard; Special Exception Uses: (a). Miscellaneous: Casinos with or without Hotel facilities where gambling games are conducted, Off -Track Pari - mutual Wagering facilities, Public Dance Hall. Billard Hall, Pawn Shop, Gun Shop and Gunsmith Shops, (b). Personal services: Tattoo, Body Piercing, Scarifying and Branding Establishments. (c). Recreation: Arcades. Amusement .Arcades; Fairgrounds; Skate Board Park; Theater- outdoor. 2. The Owners agree to use the north 450 feet of the propem described above for allowed retail uses (excepting uses listed in item = I above). Any building located in excess (i.e. further south) of the above stated north -south dimension shall be limited to Professional office uses including but not limited to N'tedical office uses.