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

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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 Elkins Street or McEdain Avenue. 1. The Owner agrea 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 City of South Bend Common Council, the Area Plan Commission of St. Joseph County, and all propert y owners of record located within three hundred (300') feet of the petitioned property': the Petitioners further agree that these commitments shall take effect upon the adoption of an amendment to the City of South Bend Zoning Ordinance by the City of South Bend Common Council in accordance with the Petitioner's Petition to rezone; - - - i. The Owners further agree that these commitments be modified or terminated only by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after notice has been provided by their rules as provided at I.C. 36-7-4-615; 6. The Owners agree that this commitment shall be enforceable by an action in either law or equity by the City of South Bend, the City of South Bend Common Council, City of South Bend Zoning Administrator, the Area Plan Commission of St. Joseph County, or by one (1) or more property owners located within three hundred (300') feet of the petitioned propem and or the successors and assigns of said property owner, said property owners being a class of especially aff cted persons entitled to enforce these commitments as contemplated by LC. 36 -7 -d -615: ?. The Owners hereby agree that the use and development of said Property shall be strictly in accordance with the terms and provisions of these commitments and: S. The Owners further agree that these commitments shall be binding upon the owners, their successors in interest, assigns, heirs, beneficiaries and personal representatives of their estates provided they be then in title in the real estate above described. Executed day of j i 1 2006 ♦TTCCT .approved AREA PLAN COI ON OF ST. JOSEPH J!IN FT ' By: Prepared by Richard & Anne Lafree and Jerry & Marguery Macri- Owners i