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STATEMENT OF COMMITMENTS: <br />1. Petitioners agree that there shall be no vehiculaz or pedestrian ingress or egress to or from <br />the Real~Estate being rezoned, the "Real Estate" to Elkins or McErlain Streets. <br />2. Petitioners agree that there shall be a cross access easement from their Real Estate to <br />neighboring lots #24-2023-0548 and #24-2023-0548.01. <br />3. Petitioner respectfully requests that the entire site be rezoned to CB Commercial Business <br />zoning in order to meet the needs of the current owner and/or contingent purchaser and <br />for purposes of developing a more cohesive site plan. <br />4. Petitioners agree to restrict the controlled uses, as listed in petition #40-07 "Commitment <br />Regarding Use and Development of Real Estate" and recorded on October 21, 2005, from <br />locating on the southern 260 feet of described Real Estate. <br />5. Petitioners agree to restrict the controlled uses on the remainder of the Real Estate as <br />listed in petition #40-07 "Commitment Regadding Use and Development of Real Estate" <br />and recorded on October 21, 2005, with the following exceptions which petitioner asks to <br />be allowed to be developed on the site. <br />Gasoline Service Station with or without Repair <br />Fast Food /Drive Thru <br />Baz and/or Tavern <br />Retail Improvement Store <br />Billiazds Hall <br />6. Petitioners agree to construct and maintain an earthen mound neaz and along the southern <br />boundary of the non-residential zoning azea where no mound currently exists. However, <br />if the existing mound is removed, a new earthen mound shall be constructed and <br />maintained in its place. All new mounds to be constructed shall be 6-7 feet tall as <br />measured from the existing ground to the top. Evergreen trees 6 feet in height shall be <br />planted on top of the new mound every 15 feet. The new mound shall be installed during <br />the construction of the first building. <br />7. No structure, building or sign exceeding 24 feet in height shall be constructed or placed <br />on the southern 150 feet of Real Estate. Lighting on the southem side of any structure <br />within the southern 150 feet of Real Estate shall be cut offtype. All pazking lot lighting <br />will comply with dark skies recommendations and be constructed so as to not allow any <br />direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from <br />any presently developed adjacent residential property on the south side of McErlain <br />Street. Lighting on the western side of any structure adjacent to Elkins Street shall be of <br />a cut off type. <br />2 <br />