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Home My WebLink AboutNo. 1588 approving declaration of protective and restrictive covenants of the second Blackthorn Industrial Parcel98214'74 RESOLUTION NO. 1588 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION PROVING DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS OF THE SECOND BLACKTHORN INDUSTRIAL PARCEL l WHEREAS, the South Bend Redevelopment Authority (the "Authority ") is the owner of certain real property situated in northwest St. Joseph County, Indiana, more particularly described at "Exhibit A" attached hereto and incorporated herein; and WHEREAS, the South Bend Redevelopment Commission ( "Commission ") is the Lessor of said real property described at "Exhibit A" hereto, and WHEREAS, the real property described at "Exhibit A" is hereafter referred to as Second Blackthorn Industrial Parcel; and WHEREAS, the Authority, in conjunction with the South Bend Redevelopment Commission, intends to develop Second Blackthorn Industrial Parcel as an attractive, first class industrial park; and WHEREAS, to ensure Second Blackthorn Industrial Parcel will be maintained as an attractive, first class industrial park, with ample landscaped areas, attractive high quality structures, proper and desirable uses, and appropriate development; to protect against undesirable uses, to guard against the construction of improvements built of improper materials or design; to encourage the construction of attractive improvements in appropriate locations; to prevent hazardous and inharmonious development of Second Blackthorn Industrial Parcel; to secure and maintain proper setbacks and adequate free spaces between structures; and generally to provide a high type and quality of development at Second Blackthorn Industrial Parcel, the Authority and Commission have prepared or caused to be prepared the "Declaration of Protective and Restrictive Covenants of the Second Blackthorn Industrial Parcel." attached hereto and marked as "Exhibit B ", and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSIONS AS FOLLOWS: 1. The "Declaration of Protective and Restrictive Covenants for the Second Blackthorn Industrial Parcel' appended hereto as "Exhibit B" as they apply to the real property described as "Exhibit A" hereto shall be and hereby are approved. 2 The Secretary of the Commission is hereby directed to record in the office of the St. Joseph County Recorder a copy of this Resolution, along with all attachments and a copy of any resolution concerning the same approved by the South Bend Redevelopment Authority. This resolution shall be in full force and effect from and after its adoption. Adopted at the regular meeting of the South Bend Redevelopment Commission held March 6, 1998, at 10:00 a.m., 1308 County -City Building, South Bend, Indiana 46601. SOUTH REDEVELOPMENT COMMISSION Robert W. Hunt, President 01 ATTEST: z U is c war z� Secret ,0, c EXHIBIT A LEGAL DESCRIPTION AND PLAT OF SURVEY LEGAL DESCRIPTION That part of the west ' /z of the southeast quarter of section 19, Township 38 north, range 2 east, German Township, ST. Joseph County, Indiana which is described as: Beginning at a 5/8" capped rebar set on the north and south quarter line of said section which is N. 00° -57' -37" W., (N. 00° -57'-33" W., REC) (an assumed bearing) (N. 000 -57'-33" W. REC.), 1176.34 FT. from a 1- 1/4" iron rod in a monument box found marking the south quarter post of said section; thence N. 00° -57'-37" W., 1455.42 FT. To a capped iron found marking the center of section 19; thence along the east and west quarter line of said section, N. 890 -39'-26" E. (N. 890 -39'-30" E., record), 647.48 FT. TO A 5/8" capped rebar set on the westerly right -of -way line of the U.S. 31 By- Pass; Thence along said right -of -way line for the next six courses, S. 02° -38' - 41" E., 623.43 FT. To a set 5/8" rebar and S. 020 -12'-12" W., 216.90 FT. To a set 5/8" capped rebar and S. 130 -59'-26" W., 152.83 FT. and S. 590 -01'41" W., 472.86 FT. To a set 5/8" capped rebar and S 360 -09'-18" W., 224.51 FT. To a set 5/8" capped rebar and S. 000 -37'-38" E., 45.94 FT. To a set 5/8" capped rebar; thence S. 89° -23'-36" W., 69.17 FT. (S. 890 -43'-00" W., REC.) To the point of beginning. Containing 17.7355 Acres Subject to all legal highways, easements and restrictions of record. 0 PLAT OF SURVEY _ 1, 111w to .n aIMF at a e ti •■ : z r 'pa's M . r �a. a■ sa qt , '� Kre�w I it .-•� � its ��_ /iii /� i•l + \ \ \ \ \ \�♦` �� .�� ♦ \ \ \ \ ♦ .,� is /i �� I \ � .,• t i ♦ 1 s -'�f - � �5; !� •�- _- i�il /7�r ►1�1r.;', // /,fir /' / / // // // // l ' r + t - i , { Ag N N i .�ti �. %' // /// /!r /, , ! / / / / •c. / / %• ai co n I r / / /// / , ! !, / ! I l + , /, / �• / � / / �' � / �= - ' -cur? u- :' c. w � +t{t`1{t�� \11 \ { {� +Itillil � r`�__ -••. // •. �, 1{ tit{ +'�`.\`;: \ {t +t�' \t' �\ \ +• \. �' "�. ... - I. ! \ ♦ . .. �- awes J anus , v •'i�llllt ♦� -10- DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS FOR THE CITY OF SOUTH BEND, INDIANA SOUTH BEND REDEVELOPMENT COMMISSION SOUTH BEND REDEVELOPMENT AUTHORITY 6 March, 1998 TABLE OF CONTENTS ARTICLE I DEFINITIONS................................................................................................. ..............................1 ARTICLE II DEVELOPMENTRESTRICTIONS ............................................................. ..............................2 ARTICLE III USERESTRICTIONS .................................................................................... ..............................2 ARTICLE IV REGULATION OF IMPROVEMENT TO LOTS ....................................... ..............................3 ARTICLE V ACCEPTANCEOF COVENANTS ............................................................... ..............................5 ARTICLE VI MISCELLANEOUS........................................................................................ ..............................6 11 "ATTACHMENT 1" SECOND BLACKTHORN INDUSTRIAL PARCEL - LEGAL DESCRIPTION AND PLAT OF SURVEY 1� RESOLUTION NO. 1558 Exhibit B COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL THIS DECLARATION is jointly made this day of , 1998, by the South Bend Redevelopment Authority (referred to as "Authority "), and by the South Bend Redevelopment Commission (referred to as "Commission "), to be jointly and severally referred to as "Declarant ", as Owner and Lessee of that certain real Property hereinafter described and located in the City of South Bend, St. Joseph County, Indiana. The Authority and the Commission hereby declare that all of the real property legally described in and referred to in "Attachment 1" attached to this Declaration, to be known as Second Blackthorn Industrial Parcel is and shall be held, conveyed, hypothecated, encumbered, leased, transferred, sold, occupied, built upon otherwise used or improved in whole or in part, subject to the Covenants and Restrictions (sometimes referred to as "Covenants ") hereinafter set forth and all of said Covenants herein contained are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and lease or sale of Second Blackthorn Industrial Parcel and are established for the purpose of enhancing the value, desirability and attractiveness of Second Blackthorn Industrial Parcel and every part thereof. Article 1. Definitions 1.1 Second Blackthorn Industrial Parcel shall mean, a tract of land in part of the St. Joseph County, Indiana, (see "Attachment 1 ") 1.2 Declarant. "Declarant" shall mean the South Bend Redevelopment Authority and /or the South Bend Redevelopment Commission, their successors and assigns, and Declarant's assigns shall be deemed to include any party whom Declarant designates, by means of a notice of Record in the Official Records, as the party who, from and after the date such notice is Recorded, will perform Declarant's functions under this Declaration. 1.3 Occupant. "Occupant" shall mean, at any time, any Person, other than an Owner, and the successors and assigns of any thereof that is in possession of or otherwise occupying one or more Sites, at any particular time, whether as a lessee, sublessee, licensee or pursuant to any lease, sublease, license or right of occupancy with or through the Owner of such Site or Sites. 1.4 Owner. "Owner" shall mean, at any time, any Person, including the Declarant, and the successors and assigns of any thereof, that -1- COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL owns fee simple title to one or more Sites, as shown by the Official Records: provided, however, that a beneficiary shall not be deemed to be an Owner so long as its interest in the particular Site or Sites is for purposes of security only. ARTICLE II DEVELOPMENT RESTRICTIONS 2.1 No building, sign or other structure shall be erected, permitted or placed upon any part of said real estate which shall have any part thereof including, but not limited to, any windows, eaves, steps, chimneys or other projections nearer than forty (40) feet from the nearest boundary line of any street or streets or which is nearer than twenty (20) feet from any boundary line of said real estate which does not border a street. No more than seventy (70) percent of the lot area shall be impervious. 2.2 No building or structure shall be erected, permitted or placed on any part of said real estate unless the exterior structure thereof is of stone, brick, reinforced concrete, glass, equivalent masonry construction or a combination of these materials. 2.3 No excavations or excavating work shall be permitted on any part of said real estate except excavations for the purpose of constructing buildings and tangible improvements on such real estate immediately prior to and during the construction of such buildings and tangible improvements. No soil, gravel, minerals, aggregate or earth materials shall be removed from said real estate except as a part of such excavations made for the purpose of constructing buildings and tangible improvements on said real estate. The owner is responsible for the implementation and maintenance of erosion and sediment control measures in accordance with 327 IAC 15 -5, "Rule 5" as described in the "Indiana Handbook for Erosion Control in Developing Areas." ARTICLE III USE RESTRICTIONS 3.1 Prohibited Uses. Any use that could produce adverse effects upon Second Blackthorn Industrial Parcel in terms of health, safety or welfare of Persons; or which may be harmful to the improvements thereon; is prohibited including without limitation the following: -2- COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL a. Noxious, toxic or corrosive fumes, gases, or discharges b. Smoke or offensive odors C. Ground conditions which produce dust d. Noise and /or vibration e. Intense glare or heat Adult uses, as defined by the South Bend Municipal Code as of the date of adoption ARTICLE IV REGULATION OF IMPROVEMENTS TO LOTS 4.1 Adequate off street parking, loading and unloading facilities shall be provided and maintained by the owners of said real estate for all employees, customers, agents, invitees and all other persons transacting business with either the owners of occupants of any part or all of said real estate. Screen plantings shall be installed and maintained between such off street parking areas and adjacent streets. All off street parking, loading and unloading areas shall be paved or constructed of suitable hard surfacing and maintained in good condition. Adequate off street parking shall be provided in accordance with the South Bend City Municipal Code, Chapter 21, Article 5, Division 2 Section 21 -89. 4.2 No loading or unloading docks shall be permitted in any area facing any street including the Saint Joseph Valley Parkway and the Indiana Toll Road. All loading and unloading areas must have sufficient landscaping and screening so as they are not visible from adjoining properties 4.3 No materials, inventory, goods in process, semi - manufactured items, finished rw products, plant equipment, parts, rubbish, waste materials, or other personal property including vehicles, shall be kept, stored, maintained or accumulated on any part of said real estate outside of buildings erected thereon. 4.4 Advance approval of the improvements described in this paragraph is deemed necessary to protect and preserve the desirability and property values of the Second Blackthorn Industrial Parcel. Therefore no construction, erection, -3- COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL relocation or exterior alteration of any buildings, structures, signs, parking areas, loading areas, landscaping or other facilities may commence on any part of said real estate without securing in advance the written consent and approval of the Declarant or designated representative. The following information, as appropriate, shall be submitted to the Declarant for his consideration of any plans. (a) Preliminary architectural plans for any proposed building structure or improvement. (b) A site plan showing location and design of buildings, structures, signs, drainage, driveways, driveway intersection with streets, exterior materials, storage areas, parking areas, loading areas and sidewalks. (c) A grading plan and a planting plan, including screen walls and fences, if any, for analysis of adequacy of visual screening, erosion control and landscaping. (d) A description of proposed operations on said real estate, an estimate of the maximum number of employees contemplated and a plan showing locations of utilities and easements therefor, if any. (e) Any other pertinent information requested by the Declarant and any information to show compliance with each and all of these restrictions. 4.5 In the event said "Declarant" or its designated representative fails to approve or disapprove said plans within 30 days after said plans have been delivered, such approval shall not be required, provided, however, it shall be the duty of the person submitting such plans to ascertain from the "Declarant" whether such plans have been approved or disapproved within said 30 day period. 4.6 Adequate storm drainage facilities shall be provided and maintained by the owners of said real estate. The design of the drainage facilities shall meet with the approval of the City of South Bend Department of Engineering. 4.7 All of the aforementioned real estate and all buildings, structures, improvements and appurtenances shall be attractively landscaped and that portion of said real estate disturbed during construction and not used for buildings, structures, parking areas, loading areas, driveways, streets and le COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL other landscaping shall be planted, irrigated and maintained as a lawn in good condition. Areas not disturbed during construction could be planted with low maintenance, drought tolerant native grass or wild flower ground covers. 4.8 All of said real estate and all buildings, structures, improvements, appurtenances, signs, lawns, landscaping, sidewalks, driveways, parking areas and entrances thereon must at all times be maintained in a safe, clean and good condition. This will be determined by the Declarant or its designated representative ARTICLE V ACCEPTANCE OF COVENANTS 5.1 Each owner, lien holder and tenant of any part of the above described real estate hereby agrees to cooperate in the planning, granting, executing, acknowledging and recording of all easements and instruments establishing such easements deemed necessary and reasonable by the declarant, for the further development of said Second Blackthorn Industrial Parcel, which easements may include those deemed necessary for electric, telephone, gas, water and sewerage purposes and for entrances and access roads. 5.2 If any Owner or its successors or assigns or any lessee or occupant of any part of such real estate or any other person should violate any of the covenants, conditions and restrictions contained herein, other than the Declarant, it shall be lawful and permissible for the Declarant or the owner or occupant of any other real estate in said Second Blackthorn Industrial Parcel, or any one or more of such persons, to prosecute any proceedings at law or in equity against the owner, lessee or occupant violating any of these restrictions for any remedies that are available including, but not limited to, actions for injunctive relief and damages. The Declarant, shall be entitled to recover from any person or persons violating or attempting to violate any of these covenants, conditions and restrictions all attorneys fees, costs and expenses, without relief from valuation and appraisement laws, incurred by said Declarant, with respect to securing the enforcement of or the compliance with these covenants, conditions and restrictions or with respect to any actions, either at law or in equity, commenced by it for such purpose or purposes. 5.3 The invalidation or unenforceability of any one of these covenants, restrictions, or conditions shall in no way affect the validity or enforceability of any of the other covenants, conditions or restrictions which shall remain in full force and -5- COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL effect. The failure of anyone to insist on the performance of any covenants, restrictions or conditions contained herein at any time shall not be deemed to bar, waive, or estop the right to insist on the performance thereof at a later time nor shall the failure of anyone to insist on the performance of any such covenants, restriction or condition at any time or times be construed to constitute an abandonment, annulment or revocation of such covenant, restriction or condition. ARTICLE VI MISCELLANEOUS 6.1 These restrictions shall be effective and binding on grantor, grantee, their respective assigns, successors in interest and all parties claiming by, under or through them. These restrictions may be modified by recording in St. Joseph County, Indiana, an instrument specifying such modification or modifications executed by the Declarant, or by the owners of 75 percent of the realty located in said Second Blackthorn Industrial Parcel. At such time as the Declarant CW1 relinquishes its ownership of all real estate within the Second Blackthorn Industrial Parcel, such modifications may be made by the owners of seventy five (75) percent of the realty located in said Second Blackthorn Industrial Parcel. 11 Fol COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL IN WITNESS WHEREOF, the SOUTH BEND REDEVELOPMENT COMMISSION, jointly and severally with the SOUTH BEND REDEVELOPMENT AUTHORITY, have declared the above and foregoing Protective Covenants & Restrictions for the Second Blackthorn Industrial Parcel. For the Declarant: SOO V=MENT COMMISSION Robert W. Hunt, President i . -. A-01 Secretarr State of Indiana ) ) SS: St. Joseph County ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared the South Bend Redevelopment Commission, by Robert W. Hunt, and F „4P,,; a gr_hwart, , President and Secretary, respectfully, and acknowledged the execution of the forgoing Declaration. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the �'�` day of 177&OA l _'1998 Notary Public Residing in St. Jose bunt Indiana Commission Expir VANGELEAI4 `• `s NOTARY PUBLIe STA ST. JOSEPH C� MYcom” 5ION EKP. JAM. -7- u COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL For the Declarant: SOUTH BEND REDEVEL PMENT AUTHORITY Mr. ug L dew i, President ATTEST: ki-r-Andre B. Gammage, Secretary State of Indiana ) ) SS: St. Joseph County ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared the South Bend Redevelopment Authority, by, Mr. Eugene Ladewski, and Andre B. Gammage, President and Secretary, respectfully, and acknowledged the execution of the forgoing Declaration.5^,;,,_ IN WITNESS WHEREOF, I have hereunto subscribe d seal on the 16 day of m0,rck Indiana Notary Pu -8- my name and affix ,, afficial,,� 1998 i. Residing in St. Jose C;' Commission Expires: CARYPUBUCSTq nF ST. I[xFru rv,i�, CCMMtS61( CP VF'fiBL 1,2= L in COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL ATTACHMENT 1 LEGAL DESCRIPTION AND PLAT OF SURVEY LEGAL DESCRIPTION That part of the west ' /z of the southeast quarter of section 19, Township 38 north, range 2 east, German Township, ST. Joseph County, Indiana which is described as: Beginning at a 5/8" capped rebar set on the north and south quarter line of said section which is N. 00° -57'-37" W., (N. 00° -57'-33" W., REC) (an assumed bearing) (N. 00° -57'-33" W. REC.), 1176.34 FT. from a 1- 1/4" iron rod in a monument box found marking the south quarter post of said section; thence N. 000 -57'-37" W., 1455.42 FT. To a capped iron found marking the center of section 19; thence along the east and west quarter line of said section, N. 890 -39'-26" E. (N. 89° -39'-30" E., record), 647.48 FT. TO A 5/8" capped rebar set on the westerly right -of -way line of the U.S. 31 By- Pass; Thence along said right -of -way line for the next six courses, S. 020 -38' - 41" E., 623.43 FT. To a set 5/8" rebar and S. 02° -12' -12" W., 216.90 FT. To a set 5/8" capped rebar and S. 13° -59'-26" W., 152.83 FT. and S. 590 -01'41" W., 472.86 FT. To a set 5/8 capped rebar and S 36 -09'-18" W., 224.51 FT. To a set 5/8" capped rebar and S. 000 -37'-38" E., 45.94 FT. To a set 5/8" capped rebar; thence S. 890 -23'-36" W., 69.17 FT. (S. 890 -43'-00" W., REC.) To the point of beginning. Containing 17.7355 Acres Subject to all legal highways, easements and restrictions of record. 0 COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL PLAT OF SURVEY Tr r � •t _ I{ / am na iw r+ -A, a w (7 c 1�i.-�•(•�`: ��i � % //% %rte'% /�C•� -� /--� T'�`'•f f�; ��\ .i. •� ai z�`,� ' %ice % %i��>•I \ \ \ \ \ \�� 1,�•� �'\.l \ 1 1 \ r � `� __, / / /��`i� %// �i.`i /, //, /its 1 1 `/ i t i i '► \ •� C> CL _kk �� / / / / / / /• /� /, // / / / /lrl 1 1 CA ti CA of o N < c Jill Jill lllllIliIli�l/ !, / /i� r /, / / /! /•�, /// , /� %/ /� Itill 3 1 1 1NU I I p I IIIII C14 It •- �'�/ 11 /l� li 1'. /! ! It �- �3,?R:.,•; � � �i /! ail, / /,�: � / /�, /� / �% �'� � r ! ! r It CL Co `!1 It \1 11 I I Ir,ily. ! , .� = 1� \I \ 1111 \Itt tt 1 \11 II 1 I . ! � ,,IIt111ti \1``'11111 \�ltli►i� � I i'•f - - - -,, ., / atlll ,t�ltl,tt \ \ \\` \\ \t %Ittl,lt \, \1 \111 11 / y•'I,ttt \,,1 \\ 1111 \111\ \\t'. \ -... `• / 9111,1111 � .`.` \ \ \`. \ \, \•`\ \.` \;� •�- - - - -_ - i 0 \\ \ It \I��Itt1 .. • j� 1,111 \ ` II' U` K I ok- IV DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS FOR THE CITY OF SOUTH BEND, INDIANA SOUTH BEND REDEVELOPMENT COMMISSION SOUTH BEND REDEVELOPMENT AUTHORITY 6 March, 1998 TABLE OF CONTENTS ARTICLE I DEFINITIONS................................................................................................. ..............................1 ARTICLE II DEVELOPMENTRESTRICTIONS ............................................................. ..............................2 ARTICLE III USERESTRICTIONS .................................................................................... ..............................2 ARTICLE IV REGULATION OF IMPROVEMENT TO LOTS ....................................... ..............................3 ARTICLE V ACCEPTANCEOF COVENANTS ............................................................... ..............................5 ARTICLE VI MISCELLANEOUS........................................................................................ ..............................6 "ATTACHMENT 1 " SECOND BLACKTHORN INDUSTRIAL PARCEL - LEGAL DESCRIPTION AND PLAT OF SURVEY RESOLUTION NO. 1558 Exhibit B COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL THIS DECLARATION is jointly made this day of , 1998, by the South Bend Redevelopment Authority (referred to as "Authority "), and by the South Bend Redevelopment Commission (referred to as "Commission "), to be jointly and severally referred to as "Declarant ", as Owner and Lessee of that certain real Property hereinafter described and located in the City of South Bend, St. Joseph County, Indiana. The Authority and the Commission hereby declare that all of the real property legally described in and referred to in "Attachment 1" attached to this Declaration, to be known as Second Blackthorn Industrial Parcel is and shall be held, conveyed, hypothecated, encumbered, leased, transferred, sold, occupied, built upon otherwise used or improved in whole or in part, subject to the Covenants and Restrictions (sometimes referred to as "Covenants ") hereinafter set forth and all of said Covenants herein contained are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and lease or sale of Second Blackthorn Industrial Parcel and are established for the purpose of enhancing the value, desirability and attractiveness ON of Second Blackthorn Industrial Parcel and every part thereof. Article 1. Definitions 1.1 Second Blackthorn Industrial Parcel shall mean, a tract of land in part of the St. Joseph County, Indiana, (see "Attachment 1 ") 1.2 Declarant. "Declarant" shall mean the South Bend Redevelopment Authority and /or the South Bend Redevelopment Commission, their successors and assigns, and Declarant's assigns shall be deemed to include any party whom Declarant designates, by means of a notice of Record in the Official Records, as the party who, from and after the date such notice is Recorded, will perform Declarant's functions under this Declaration. 1.3 Occupant. "Occupant" shall mean, at any time, any Person, other than an Owner, and the successors and assigns of any thereof that is in possession of or otherwise occupying one or more Sites, at any particular time, whether as a lessee, sublessee, licensee or pursuant to any lease, sublease, license or right of occupancy with or through the Owner of such Site or Sites. 1.4 Owner. "Owner" shall mean, at any time, any Person, including the Declarant, and the successors and assigns of any thereof, that so COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL owns fee simple title to one or more Sites, as shown by the Official Records: provided, however, that a beneficiary shall not be deemed to be an Owner so long as its interest in the particular Site or Sites is for purposes of security only. ARTICLE II DEVELOPMENT RESTRICTIONS 2.1 No building, sign or other structure shall be erected, permitted or placed upon any part of said real estate which shall have any part thereof including, but not limited to, any windows, eaves, steps, chimneys or other projections nearer than forty (40) feet from the nearest boundary line of any street or streets or which is nearer than twenty (20) feet from any boundary line of said real estate which does not border a street. No more than seventy (70) percent of the lot area shall be impervious. 2.2 No building or structure shall be erected, permitted or placed on any part of said real estate unless the exterior structure thereof is of stone, brick, reinforced concrete, glass, equivalent masonry construction or a combination of these materials. 2.3 No excavations or excavating work shall be permitted on any part of said real estate except excavations for the purpose of constructing buildings and tangible improvements on such real estate immediately prior to and during the construction of such buildings and tangible improvements. No soil, gravel, minerals, aggregate or earth materials shall be removed from said real estate except as a part of such excavations made for the purpose of constructing buildings and tangible improvements on said real estate. The owner is responsible for the implementation and maintenance of erosion and sediment control measures in accordance with 327 IAC 15 -5, "Rule 5" as described in the "Indiana Handbook for Erosion Control in Developing Areas." ARTICLE III USE RESTRICTIONS 3.1 Prohibited Uses. Any use that could produce adverse effects upon Second Blackthorn Industrial Parcel in terms of health, safety or welfare of Persons; or which may be harmful to the improvements thereon; is prohibited including without limitation the following: COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL a. Noxious, toxic or corrosive fumes, gases, or discharges b. Smoke or offensive odors C. Ground conditions which produce dust d. Noise and /or vibration e. Intense glare or heat f. Adult uses, as defined by the South Bend Municipal Code as of the date of adoption ARTICLE IV REGULATION OF IMPROVEMENTS TO LOTS 4.1 Adequate off street parking, loading and unloading facilities shall be provided and maintained by the owners of said real estate for all employees, customers, agents, invitees and all other persons transacting business with either the owners of occupants of any part or all of said real estate. Screen plantings shall be installed and maintained between such off street parking areas and adjacent streets. All off street parking, loading and unloading areas shall be paved or constructed of suitable hard surfacing and maintained in good condition. Adequate off street parking shall be provided in accordance with the South Bend City Municipal Code, Chapter 21, Article 5, Division 2 Section 21 -89. 4.2 No loading or unloading docks shall be permitted in any area facing any street including the Saint Joseph Valley Parkway and the Indiana Toll Road. All loading and unloading areas must have sufficient landscaping and screening so as they are not visible from adjoining properties 4.3 No materials, inventory, goods in process, semi - manufactured items, finished AM products, plant equipment, parts, rubbish, waste materials, or other personal property including vehicles, shall be kept, stored, maintained or accumulated on any part of said real estate outside of buildings erected thereon. 4.4 Advance approval of the improvements described in this paragraph is deemed necessary to protect and preserve the desirability and property values of the Second Blackthorn Industrial Parcel. Therefore no construction, erection, COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL relocation or exterior alteration of any buildings, structures, signs, parking areas, loading areas, landscaping or other facilities may commence on any part of said real estate without securing in advance the written consent and approval of the Declarant or designated representative. The following information, as appropriate, shall be submitted to the Declarant for his consideration of any plans. (a) Preliminary architectural plans for any proposed building structure or improvement. (b) A site plan showing location and design of buildings, structures, signs, drainage, driveways, driveway intersection with streets, exterior materials, storage areas, parking areas, loading areas and sidewalks. (c) A grading plan and a planting plan, including screen walls and fences, if any, for analysis of adequacy of visual screening, erosion control and landscaping. (d) A description of proposed operations on said real estate, an estimate of the maximum number of employees contemplated and a plan showing locations of utilities and easements therefor, if any. (e) Any other pertinent information requested by the Declarant and any information to show compliance with each and all of these restrictions. 4.5 In the event said "Declarant" or its designated representative fails to approve or disapprove said plans within 30 days after said plans have been delivered, such approval shall not be required, provided, however, it shall be the duty of the person submitting such plans to ascertain from the "Declarant" whether such plans have been approved or disapproved within said 30 day period. 4.6 Adequate storm drainage facilities shall be provided and maintained by the owners of said real estate. The design of the drainage facilities shall meet with the approval of the City of South Bend Department of Engineering. 4.7 All of the aforementioned real estate and all buildings, structures, improvements and appurtenances shall be attractively landscaped and that portion of said real estate disturbed during construction and not used for buildings, structures, parking areas, loading areas, driveways, streets and eE COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL other landscaping shall be planted, irrigated and maintained as a lawn in good condition. Areas not disturbed during construction could be planted with low maintenance, drought tolerant native grass or wild flower ground covers. 4.8 All of said real estate and all buildings, structures, improvements, appurtenances, signs, lawns, landscaping, sidewalks, driveways, parking areas and entrances thereon must at all times be maintained in a safe, clean and good condition. This will be determined by the Declarant or its designated representative ARTICLE V ACCEPTANCE OF COVENANTS 5.1 Each owner, lien holder and tenant of any part of the above described real estate hereby agrees to cooperate in the planning, granting, executing, acknowledging and recording of all easements and instruments establishing AWN such easements deemed necessary and reasonable by the declarant, for the further development of said Second Blackthorn Industrial Parcel, which easements may include those deemed necessary for electric, telephone, gas, water and sewerage purposes and for entrances and access roads. 5.2 If any Owner or its successors or assigns or any lessee or occupant of any part of such real estate or any other person should violate any of the covenants, conditions and restrictions contained herein, other than the Declarant, it shall be lawful and permissible for the Declarant or the owner or occupant of any other real estate in said Second Blackthorn Industrial Parcel, or any one or more of such persons, to prosecute any proceedings at law or in equity against the owner, lessee or occupant violating any of these restrictions for any remedies that are available including, but not limited to, actions for injunctive relief and damages. The Declarant, shall be entitled to recover from any person or persons violating or attempting to violate any of these covenants, conditions and restrictions all attorneys fees, costs and expenses, without relief from valuation and appraisement laws, incurred by said Declarant, with respect to securing the enforcement of or the compliance with these covenants, conditions and restrictions or with respect to any actions, either at law or in equity, commenced by it for such purpose or purposes. 5.3 The invalidation or unenforceability of any one of these covenants, restrictions, or conditions shall in no way affect the validity or enforceability of any of the other covenants, conditions or restrictions which shall remain in full force and -5- :13 COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL effect. The failure of anyone to insist on the performance of any covenants, restrictions or conditions contained herein at any time shall not be deemed to bar, waive, or estop the right to insist on the performance thereof at a later time nor shall the failure of anyone to insist on the performance of any such covenants, restriction or condition at any time or times be construed to constitute an abandonment, annulment or revocation of such covenant, restriction or condition. ARTICLE VI MISCELLANEOUS 6.1 These restrictions shall be effective and binding on grantor, grantee, their respective assigns, successors in interest and all parties claiming by, under or through them. These restrictions may be modified by recording in St. Joseph County, Indiana, an instrument specifying such modification or modifications executed by the Declarant, or by the owners of 75 percent of the realty located in said Second Blackthorn Industrial Parcel. At such time as the Declarant relinquishes its ownership of all real estate within the Second Blackthorn Industrial Parcel, such modifications may be made by the owners of seventy five (75) percent of the realty located in said Second Blackthorn Industrial Parcel. IE COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL IN WITNESS WHEREOF, the SOUTH BEND REDEVELOPMENT COMMISSION, jointly and severally with the SOUTH BEND REDEVELOPMENT AUTHORITY, have declared the above and foregoing Protective Covenants & Restrictions for the Second Blackthorn Industrial Parcel. - - State of Indiana ) SS: St. Joseph County ) For the Declarant: SOUT RE VELOPMENT COMMISSION Robert W. Hunt, President Before me the undersigned, a Notary Public, in and for said County and State, personally appeared the South Bend Redevelopment Commission, by Robert W. Hunt, and F'„oania Srhwart7. , President and Secretary, respectfully, and acknowledged the execution of the forgoing Declaration. IN WITNESS WHEREOF, I have hereu o subscribed m y name and aff' *�� c bffi 'al.. seal on the cP7 '� day of , 1998 (2440 A,- 11 ball W 0 J 40 Notary kblic Residing in St. Jose ` � , u�ty'. CO Indiana . '�.. VANGELEAN URBANSKI NOTARY P J��H C OF DIANA Commission Expires: My COMMISSION EXP. JAN. 25,2008 13Al . 1 J COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL For the Declarant: SOUTH BEND REDEVEL PMENT AUTHORITY Mr. ug L dew i, President ATTEST: _/ '00r, , '�� - r. Andre B. Gammage, S cretary State of Indiana ) ) SS: St. Joseph County ) Before me the undersigned, a Notary Public, in and for said County and State, personally appeared the South Bend Redevelopment Authority, by, Mr. Eugene Ladewski, and Andre B. Gammage, President and Secretary, respectfully, and acknowledged the execution of the forgoing Declaration. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my gffi61- seal on the �,6 day of �)r ;L , 1998 ,. *�'��E� ...;.... *V Indiana u � c ry Pu is Residing in St. Joel NOTARY PUB�CLT STAR ELOF INDIANA Sr- ja;SEM COUNTY MYCC' wq@ft" f0TA cpi s: t MIM 'y offs U� ", COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL ATTACHMENT 1 LEGAL DESCRIPTION AND PLAT OF SURVEY LEGAL DESCRIPTION That part of the west Y2 of the southeast quarter of section 19, Township 38 north, range 2 east, German Township, ST. Joseph County, Indiana which is described as: Beginning at a 5/8" capped rebar set on the north and south quarter line of said section which is N. 00° -57'-37" W., (N. 00° -57'-33" W., REC) (an assumed bearing) (N. 00' -57'-33" W. REC.), 1176.34 FT. from a 1- 1/4" iron rod in a monument box found marking the south quarter post of said section; thence N. 000 -57'-37" W., 1455.42 FT. To a capped iron found marking the center of section 19; thence along the east and west quarter line of said section, N. 890 -39'-26" E. (N. 890 -39'-30" E., record), 647.48 FT. TO A 5/8" capped rebar set on the westerly right -of -way line of the U.S. 31 By- Pass; Thence along said right -of -way line for the next six courses, S. 020 -38'- AWN 41" E., 623.43 FT. To a set 5/8" rebar and S. 020 -12'-12" W., 216.90 FT. To a f6 set 5/8" capped rebar and S. 13° -59'-26" W., 152.83 FT. and S. 590 - 01'41" W., 472.86 FT. To a set 5/8" capped rebar and S 36° -09' -18" W., 224.51 FT. To a set 5/8" capped rebar and S. 000 -37'-38" E., 45.94 FT. To a set 5/8" capped rebar; thence S. 890 -23' -36" W., 69.17 FT. (S. 890 -43'-00" W., REC.) To the point of beginning. Containing 17.7355 Acres Subject to all legal highways, easements and restrictions of record. &a . A COVENANTS - SECOND BLACKTHORN INDUSTRIAL PARCEL v+ O ? V c5 a t�! N W - 2 0. 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