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Title, utilities and environmental checks stall 709 N. Sixth Street transfer while appraisals proceed
Summary
The commission ordered two appraisals on a $90,000 offer for the property at 709 North Sixth Street while working through an unrecorded deed issue, utility-bill disputes and environmental-review questions.
Commissioners reviewed ongoing issues at 709 North Sixth Street: unclear recording of the deed transfer from the school corporation to the RDC, outstanding utility bills the RDC has temporarily paid, and environmental-review expectations for a pending purchaser.
Bill, a staff member, said he had seen a deed dated April and another more recent deed that appeared unsigned or unrecorded on the school side. He told the commission the RDC is not yet the legal owner and that the school corporation’s attorney, Brad Rosie, had been asked to confirm next steps.
“We don't own it yet,” Bill said. He told commissioners RDC staff had paid utility bills totaling roughly $979 per month while the title issue remained unresolved and that staff recommended returning the utility account to the school if the school will not progress the transfer.
Commissioners discussed environmental diligence. Staff circulated a Phase I environmental assessment that identified historical neighboring uses (dry cleaner, collision center) but concluded the Phase I did not indicate an immediate need for a Phase II. Staff said they were comfortable moving forward on the accepted $90,000 offer without ordering a Phase II; two appraisals were ordered — one from Metzger and one from Sheldon Holzinger — with 2–3 week turnarounds and low quoted fees ($600 and $800 respectively).
Commissioners noted the Phase I provides liability protection for a limited period (staff cited roughly 180 days from initiation for ASTM-based protections) and that any party who benefits from a Phase I should consider who bears the cost; precedent varies across deals and sometimes the end beneficiary pays for additional testing.
On the transaction, staff said the purchase offer included environmental and appraisal contingencies. If appraisals come back at or above $90,000 the existing resolution authorizes purchase; if appraisals are lower, staff will bring language for the commission to acknowledge paying over market or to allow a counter-offer.
Several commissioners urged staff to send a formal written request to the school corporation’s attorney to clarify recording status and responsibilities for utilities and Phase I/Phase II decisions. Staff will report back after receiving attorney guidance and after the appraisals are returned.
