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December 19, 2019 Special City Council Meeting
Title
9. Motion to Adopt a Resolution Authorizing the Use of Eminent Domain to Acquire a Portion of 2304 Fleet Street
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 – David Taylor d/b/a Coastal Property Development, LLC
Property Address – 2304 Fleet Street, Savannah, GA 31404
Property Identification Number – 20102 07020
Legal Description of Parent Parcel – LOT 25 FLEETWOOD SUB ROBERSON ROAD
Required Right-of-Way – 0.003 Acres (or 121.64 SF)
Required Easement - 0.016 Acres (or 675.60 SF)

STATUS:
Title work was performed on the property and the owner of record is Coastal Property Development, LLC. The appraiser was accompanied by the owner, David Taylor on October 22, 2018 when the appraiser performed an on-site inspection of the subject property.

On March 7, 2019, Staff contacted Mr. Taylor to set up an appointment to meet and present the offer packet. Mr. Taylor requested Staff mail out the offer packet. On March 12, 2019, staff mailed the offer packet. On August 16, 2019, staff and the owner came to an agreement on terms and a Purchase and Sale Agreement was signed. Shortly thereafter, paperwork was forwarded to Assistant City Attorney Shearouse’s office to prepare file for closing.

Upon review of title, a title issue was found. A previous security deed was identified that should have been canceled from a previous property transfer. The assistant City Attorney’s office has reached out to the previous closing attorney requesting they address this issue, but to date, no cancellation for the previous deed has been received.

The owners do not dispute the offer amount and would like to sell. Title issues prevent the City from acquiring the required right-of-way and easement without the use of Eminent Domain.

Recommendation

Approval

Contact
David Keating, Director of the Real Estate Services Department
Financial Impact
N/A
Review Comments
Attachments
Exhibit 1: Map - Parcel 98.pdf
Exhibit 2: Resolution - Parcel 98.pdf
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