Confirming Tax Abatement - 840 United Drive - Nelson Dee, LLC

Home Browse Search

County ,Indiana as Instrument No. 0538834 (Parcel No. 18-3046-1739); 3) a corporate Warranty Deed from North Central Indiana Food Bank, Inc. dated January 26, 2005 and recorded January 27, 2005 in the Office of the Recorder of St. Joseph County ,Indiana as Instrument No. 0504087 conveying a strip of land measuring 20' x 300' running north from the relocated United Drive (part of Parcel 18-3044-1660); and 4) title information appearing in the record of the assessor and in the public record all as shown on the plat of record found in the Office of the Recorder of St. Joseph County and recorded as Instrument No. 0522221 suggesting transfer of ownership of the former Mechanic's Laundry & Supply Company (Cintas) facility (Parcel No. 18-3044- 168801) to the Dee Family Limited Partnership. It appears that the accompanying Deed to this transaction has been identified by the County Auditor as a "problem deed" and it does not appear to have been placed of record in the public record of the County. Certain property comprising the former right-of--way of the now relocated United Drive appears to have become a part of the land comprising the subject property by virtue of the vacation of that right-of--way pursuant to Ordinance No. 9551-04 of the City of South Bend, a copy of which appears in the addendum to this report. The stated purpose of this vacation is to allow for the expansion of the United Beverage facility which is the subject of this report. The legal description found in that ordinance appears to vacate the entirety of the former roadway to United Beverage. It is customary that one half of a vacated roadway adjoining two properties on either side of that roadway is conveyed to the owner of each adjoining property. In the case of the subject, apparently all of that part of the vacated roadway extending easterly from Chapin Street a distance of 262.73 feet to the east line of that parcel bearing tax key number 18-3044- 173901 has been included in property vacated to United Beverage. As a matter of course, the north half of this vacated area measuring about 40 feet by 262.70 feet, more or less, should have been vacated to the benefit of that parcel bearing tax key number 18-3044-173901. No adjustment is made herein to compensate for this apparent error in the ordinance and the entirety of the vacated area is presumed to vest in the United Beverage entity. The reader is advised to obtain competent title counsel for advice as to the proper ownership of this adjoining parcel. Title to various portions of the subject real estate has been vested in several parties and has only recently come into ownership of the Dee Family Limited Partnership as part of the expansion of the site which included the relocation of the former United Drive to a point approximately 300 feet to the north of its previous location and having its north line roughly coterminous with the north line of parcels 18-3044-168801 and 18-3046-1739. No information has been provided to the appraiser regarding these transactions nor this process of acquisition and relocation of the roadway. The following legal description of the subject land is provided by Danch Harner & Associates: To-wit: That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as Lot No 2 of the Plat of "United Major Subdivision" as recorded by Document No. 0522221 in the Records of 5t. Joseph County Recorder's Office. f--LIN7TNGT{iN RLALTl' ;1DViS(~ll~ APPRAISAL OF UNITED BEVERAGE COMPANY OFFICES AND WAREHOUSE FACILTTY 840 SOUTH UNITED DRIVE SOUTH BEND, INDIANA I3 n~) ~~~~