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Mail to: <br />John H. Peddycord. Esq. <br />May, Oberfell & Lorber <br />300 North Michigan <br />South Bend, IN 46601 <br />-. . ~ <br />~....R.,,._.._._,~__...r ,..__....~,__.. <br />SEP 2 3 ~~98 <br />-,~~ S <br />s <br />~.ry~ ,' Y Y.e~t ~i <br />COMMITMENT REGARDING USE AND DEVELOPMENT <br />OF REAL ESTATE <br />Herrman & Goetz, Inc., 225 S. Lafayette Boulevard, South Bend, Indiana 46601, <br />hereinafter referred to as "Owner", bein; the fee-title owner of record of certain real estate <br />commonly described as 54755 Oak Road, South Bend, Indiana 46628, consisting of sixty (60) <br />acres located on the west side of Oak Road and east of the St. Joseph Valley Parkway (U.S. 31 <br />Bypass), the legal description for which is as follows: <br />The Northeast Quarter of the Southeast Quarter and the North Half of the <br />Southeast Quarter of the Southeast Quarter, all in Section 31, Township 38 <br />North, Range 2 East <br />and having recently filed with the South Bend Common Council a conditional consent to its <br />approximate sixty (60) acre site being annexed to the City of South Bend and being rezoned <br />from "M" Manufacturing (St. Joseph County) to "E" Heavy Industrial (City of South Bend), <br />and having otherwise joined in the petition for annexation and rezoning heretofore filed by the <br />City of South Bend's Division of Planning and Neighborhood Development with the South <br />Bend Common Council, which petition is now pending before the South Bend Common <br />Council, does hereby make, pursuant to I.C. 36-7-4-613, the following commitments <br />concerning the use and development of said real estate as express conditions of the proposed <br />rezoning of said property from "M" Manufacturing (St. Joseph County) to "E" Heavy <br />Industrial (City of South Bend) by the South Bend Common Council: <br />1. The Owner agrees to retain the proposed "E" Heavy Industrial zoning for the <br />property only until such time as the southern two-thirds (2/s) portion (forty [40] <br />Exhibit "1" <br />