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August 29, 2019 Special City Council Meeting
Title
5. Motion to Approve Resolution to Authorize the Use of Eminent Domain to Acquire a Portion of 1302 West Gwinnett Street.
Strategic Priority
Neighborhood Revitalization
Description

BACKGROUND:
The Mayor and Aldermen of the City of Savannah approved engineering for the West Gwinnett Street widening project at the regularly scheduled meeting on April 12, 2004. These improvements align with the adopted City Council Strategic Priorities: Infrastructure, Neighborhood Revitalization, and Public Safety. Specifically, this road widening project reduces street flooding, increases the amount of sidewalks, improves the quality of Savannah streets, improves mobility and neighborhood connectivity, enhances a commercial corridor, and provides necessary access to major highways for the upcoming Arena Development and Canal District.

The project provides additional traffic lanes, sidewalks, bicycle facilities, and curb/gutter and improved drainage. A total of nine (9) parcels are affected in which rights-of-way and/or easements from private landowners are required to facilitate this project.

Acting in accordance with 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs and O.C.G.A. 22-1-9, the Georgia Landowner's Bill of Rights, staff has attempted to contact and negotiate in good-faith with owners on record.

PARCEL INFORMATION:
Owner – Josey Sheppard
Property Address – 1302 West Gwinnett Street, Savannah, GA 31415
Property Identification Number – 2-0046 -01-007
Legal Description of Parent Parcel – LT 26 + E PT OF LT 1 SEC A MORRISON WD
Required Right-of-Way – 460.7 square feet (0.01 acres)
Required Easement – 1069.7 square feet (0.025 acres)

STATUS:
Title work was performed on the property and the owner of record is Josey Sheppard. On January 12, 2019, the appraiser met with Mr. Sheppard for an on-site inspection of the subject property.

On February 20, 2019, staff met with Mr. Sheppard and other members of his family to present the offer. Mr. Sheppard had questions regarding the project and its affects to his property. Staff followed up with responses to those questions. On March 25, 2019, Mr. Sheppard, and his sister, Deanna Baker, spoke on the phone with staff regarding additional compensation for potential lost business and lost parking. Staff reached out to the appraiser for a re-assessment of value in taking these issues into account and requested an update to the appraisal. The report was received, and on June 4, 2019, met with Mr. Sheppard to discuss the revised offer amount.

On June 24, 2019, Mr. Sheppard sent an email outlining a series of additional questions, to which staff responded with answers on June 26, 2019. On July 2, 2019 there was a Special Session of the City Council during which Mr. Sheppard requested more time to negotiate with the City about the offer. Council agreed to provide Mr. Sheppard an additional 60 days to come to an agreement with the City. On July 8, 2019, Mr. Sheppard met with the City Manager further negotiate. Since the July 8, 2019 meeting, staff has reached out to Mr. Sheppard and Ms. Baker three (3) additional times and was told that they were working on a response. To date, there has been no additional formal discussions with the City and no counteroffer presented by the property owner. A total of 23 contacts have been made with Mr. Sheppard and/or Ms. Baker in an effort to come to terms on acquisition of required property rights.

Recommendation

Approval

Contact
David Keating, Director of Real Estate Services
Financial Impact
To be paid from West Gwinnett Street Improvement Account 311.9207.52842.TE0709.
Review Comments
Attachments
Exhibit 1: Map - Parcel 3.pdf
Exhibit 2: Resolution - Parcel 3.pdf
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