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December 19, 2019 Special City Council Meeting
Title
1. Motion to Adopt a Resolution Authorizing the Use of Eminent Domain to Acquire a Portion of 1016 Delesseps Avenue
Strategic Priority
Infrastructure
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. 

PARCEL INFORMATION:
Owner – SAVS04 LLC
Property Address – 1016 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20097 41017
Legal Description of Parent Parcel – REMAINING PT OF LOTS 1,3,5,7,9,11,13,15,17,19 BLK N WILKINS WD PRB 39P 10 PRB 46P 176.98 AC
Required Right of Way – 0.022 Acres (or 953.9 SF)
Easement - 0.095 Acres (or 4,133.91 SF)

STATUS:
Title work was performed on the property and the owner of record is SAVS04, LLC., Savannah Tire is the tenant. Certified Appraiser Lisa Ward, sent an certified letter August 2018 requesting to appraisal property, never received a response from SAVS04, LLC. Ms. Ward later visited the site November 20, 2018 and ask for permission from tenants Assistant Manager Wes to inspect interior and exterior of property which was allowed. Ms. Ward conducted an additional exterior inspections on December 18, 2018. Ms. Ward left contact information to give to owner.

On July 16, 2019, acquisition agent, Bobby Buttimer met with the owner of the property, Mr. Cook on-site to present the offer. Mr. Cook has stated that he wanted to think it over and ensure that his tenant is not impacted.

On August 6, 2019, Mr. Buttimer and Mr. Cook verbally came to terms on value. On August 14, 2019, Mr. Cook signed the Purchase and Sale Agreement and the file was forwarded to the Assistant City Manager’s office for closing.

Despite multiple attempts in contacting the owner, the closing attorney has not been able to connect with Mr. Cook in order to obtain necessary documents to facilitate closing. Therefore, eminent domain will be necessary to acquire necessary land rights.


 

Recommendation

Approval

Contact
David Keating, Director of the Real Estate Services Department
Financial Impact
N/A
Review Comments
Attachments
Exhibit 1: Map - Parcel 2.pdf
Exhibit 2: Resolution - Parcel 2.pdf
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