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;=r„ <br />rDNT)' <br />JR kCC; <br />COO, fi I ME_NT REGARD , (JS( Sf AND DE4-`':I-0P\,IELT <br />OF REAL ES-EVI-E <br />Richard &Ante i„atTee otSOt Lriculn;vay East, Mishawaka, Indiana 4654.and Jerry & tifarautrti 43a4ri at 15575 <br />ti, ictoriari Court, Granger. Indiana 46i30. hereinafter referred to as `(;)%nets"% concermna terra[" real estate Iocated in <br />the 5500 Block of cute South sick of Douslas Road- South [lend. Indiana 46635 with the tutus being 6,97 acres, <br />Crinunvnly knomi as the 3500 Block of the South side of Dougias Road. South Bend- Indiana 46635 aria [he. legal <br />,iescription being as follows, <br />TKkT PART OF THE SOU .FAST QUARTER OF SECTION 37, TOWN <br />SHfP 38 yOR'rFi. RANGE 3 EAST - <br />CLAN' TMkN'SF3€I' CITY OF SOUTH BEND. SF. JOSEPH COI:"'ti'TY, 17,4MANA WHICH IS DESCRIBED .AS, <br />BEGINNWNG AT 114E NORTHMTST CORNER OF THE N-AT OF "LAFREF'S DOGGL-IS ROAD MINOR <br />SUBDiy'ISIO` ,r .AS RECORDED BY DOCUMENT NO. 0438848 iy' THE RECORDS OF THE RECORi7ER'S <br />OFFICE OF ST. JOSEPH COUNTY, PtiDI.AN.A, T}IFNCE S_ 00'-W 00" W. ALONG THE WES f LINE OF SAID <br />PLAT, '52.7 FEE"r MORE OR LESS; THENCE S W-00'-00" W, 199 43 FEET MORE OR LESS, THENCE N. <br />74 uQ'-oa" F„ 318.40 FEET MORE OR LESS; THENCE S. 90-00'-00" W"., 353,87 FEET MORE OR LESS: <br />THENCE N. W-00'-00" E-, 434 36 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD; <br />THENCE: N 9W-00`-00" E. ALONG SAID CENTFRL€NE. 353.32 FEET MORE OR LESS TO THE POINT- OF <br />BEGINN"fNG <br />COOT iNlNG 6.9' ACRES MORE OR LESS <br />SUBJECT TO ,ALL LEGAL HIGHWAYS, EASEMENTS AND iiESTRiCTCONS OF RECORD <br />And having filed a petition to Rezone said properh on June S. 2005 with the Cih of South Bend Common Council and <br />rile Area Plan Coon tssian Of St..foscph Count) to Rezone Said property from '`SFI" Single Famil} and Two Family <br />District and -OB" Office Buffer DiSrrics to '-CIE" Community Business District, slues hereby make. pursuant to LC, 36- <br />4-613, the following commitments concerning the use and development of said real es[are as expressed conditions of <br />the proposed rezoning of said propem from "SFl" Single Famrly-and Two Family District and 'OB" Office Buffer <br />District to "CK Community Business District b} the City of South Bend Common Council: <br />I. The Owrwrs agree not to use the above -described property for any of the Faf€utving Primnr% L'SaS; (al. Gasoline <br />Service Station with or without repair, (b). Fast Food'Dtive-Through. Bar. ('abaret-adult, Cabaret-?i and Over, <br />Tavern. E0- Bus Station, (.i}. Neighborhood Recycling Collection, fe). Skating Rink ften or ruder) - indoor Social <br />Half. Cheater -indoor, (f). Retain improvement Store; Lumber Yard; Special Exception USeS. (a) js4rllancou5- <br />C3Sinns with or without Hotel facilities where gambling games are conducted. Off -Track PZM-rt)utual W'Agerina <br />facilities. Public Dafi'o Hatt. Billard Hail, Pawn Shop. Gun Shop and Gunsmith Shops. {bl_ Personal services: Tattoo, <br />Body F'iercin;; Scarifving and Brandin; Establishments. (a Recreation Arcades. Amuseinent Arcadei. Fairgrounds; <br />Skate Board Park: Theater -outdoor <br />? The 0%rers agree to use the nctth d U teel otrhe proper[, described above for allotted retail uses (exceplittg uses <br />lured in item � I abuse) Am building hwated in zxcess E i,c, further South) of the above ;tared mnrth-south dimension <br />3hal! be limited to Pro.ea.ijonal office uses incfudinz but not kmitcd to Medical office use: <br />