Annexing property located in German Township - Herrman and Goetz Annexation

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acres) of the property, i.e., the South half of the Northeast Quarter of the Southeast Quarter and the North half of the Southeast Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 2 East, is surface mined of its gravel content but, in any event, no longer than (~ years, at which time the owner would agree to and shall seek the rezoning of the entire property to "D" Light Industrial. In the interim, the owner also agrees to specifically develop said parcel of real estate in accordance with the terms and provisions of a written site development plan, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof; 2. The Owner further agrees to perform the proposed surface mining in such a manner so as not to create any surface water pits or ponds; 3. The Owner further agrees to install a landscaped area consisting of a six foot (6') high earthen mound planted with four foot (4') high pine trees along the west side of Oak Road as depicted on the above-referenced site development plan; the Owner will further agree to retain any and all existing vegetation on the property located west of Oak Road but east of the proposed landscaped area; the Owner further proposes to retain any and all existing vegetation along the south boundary of the property site for a distance of not less than fifty feet . (50'); 4. Upon conclusion of the surface mining but, in any event, no later than (_) years, the Owner agrees to file with the South Bend Common Council and implement a plan of reclamation for the approximate forty (40) acres of the property site to be utilized for surface mining as depicted on the above- described site development plan; 5. The Owner is further agreeable and does hereby agree to the immediate rezoning of the north twenty (20) acres of said property site, i.e., the North half of the Northeast Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 2 East, to "D" Light Industrial instead of "E" Heavy Industrial if so desired and designated by the South Bend Common Council; therefore, no mining would occur on the north twenty (20) acres of the property site and the uses permitted on the north twenty (20) acres would be only those uses permitted by the South Bend City Code within a "D" Light Industrial district; 6. The Owner further agrees to file and obtain any and all variances, approval of uses, etc., for the use and development of the property as might be required by the South Bend City Code; 7. The Owner further agrees, as provided at I.C. 36-7-4-613, that unless modified or terminated by the Area Plan Commission of St. Joseph County or the South Bend Common Council, this Commitment is binding upon it as owner of the parcel, and each subsequent owner and each other person acquiring an interest in the parcel; 2 Exhibit "1"