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August 29, 2019 Special City Council Meeting
Title
1. Motion to Approve Resolution Authorize Use of Eminent Domain to Acquire a Portion of 1304 Delesseps Avenue.
Strategic Priority
Neighborhood Revitalization
Description

BACKGROUND:
The Mayor and Aldermen of the City of Savannah approved and entered into a Right-of-Way Acquisition Contract with the Georgia Department of Transportation (GDOT) on August 17, 2017 for improvements to Delesseps Avenue and LaRoche Avenues between Waters Avenue and Skidaway Road. The proposed project will provide sidewalks, bicycle facilities, curb/gutter, and improved drainage. Existing signals along the corridor would be modified to include pedestrian phases, signal heads and push-button stations. A total of 120 parcels are affected in which rights-of-way and/or easements from private landowners are required to facilitate this project.

The Right-of-Way Acquisition Contract governs how the project will be managed and includes reimbursement from GDOT to the City in the amount of up to $2,284,800 for eligible acquisition costs. Staff has performed in accordance with 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs, as well as O.C.G.A. 21-1-9, the Georgia Landowner’s Bill of Rights. If all rights-of-way and easements needed for the project are not acquired by December 2019, the City is at risk of losing reimbursement.

PARCEL INFORMATION:
Owner – Geertje Barger (Deceased)
Property Address – 1304 Delesseps Avenue, Savannah, GA 31404
Property Identification Number - 2-0097-37-014
Legal Description of Parent Parcel - Lot 4 Block M West Ward, Sackville, Wilkins Ward
Required Easement - 0.014 Acres

STATUS:
Title work was performed on the property and the owner of record is Geertje Barger. The appraiser made several attempts to contact Ms. Barger, but was not successful; therefore, a appraisal site visit was performed from adjoining right-of-way.

Staff researched and found Geertje Barger passed in August 2015. Ms. Barger died intestate and the courts appointed her son, Mr. Morris Barger, as temporary Administrator, with no powers to sell property. On July 15, 2019, staff met with Mr. Barger and discussed the offer. He does not have any dispute with the offer amount and would like to sell. He did not want to petition the court for authority to sell, and other parties have disputed his standing as an administrator of the estate,  Therefore, title issues prevent the City from acquiring the required easement without the use of Eminent Domain.

Recommendation

Approval

Contact
David Keating, Director of Real Estate Services
Financial Impact
To be paid from Delesseps Avenue SPLOST project 311.9207.52844.TE0708.
Review Comments
Attachments
Exhibit 1: Resolution - Parcel 18.pdf
Exhibit 2: Map - Parcel 18.pdf
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