Previous Item Print Next Item

December 19, 2019 Special City Council Meeting
Title
3. Motion to Adopt a Resolution Authorizing the Use of Eminent Domain to Acquire a Portion of 1716 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 – James and Ruby Huntley
Property Address – 1716 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20104 05008
Legal Description of Parent Parcel – LOT 16 & E 13 FT 14 & W 13 FT BLK K SACKVILLE SESSOMS WARD
Required Right-of-Way – 0.001 Acres (or 50.84 SF)
Required Easement - 0.018 Acres (or 786.96 SF)

STATUS:
Title work was performed on the property and the owner of record is James and Ruby Huntley. The appraiser was accompanied by Mr. Huntley on August 22, 2019 and the appraiser performed an on-site inspection of the subject property.

Staff originally contacted Mr. Huntley on May 1, 2019 and scheduled a meeting at the subject property on May 10, 2019. Prior to the meeting, an error in the appraisal was found and the meeting was canceled to allow correction of the report.

On October 22, 2019, staff met with Mr. and Mrs. Huntley to present the offer. After negotiations, on November 20, 2019, staff and the owners 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.

While the Assistant City Attorney’s Office is moving to close as agreed, staff is seeking authorization to utilize Eminent Domain as a last resort solely in the case of title, lien, or similar issues preventing a voluntary transaction.

Recommendation

Approval

Contact
David Keating, Director of the Real Estate Services Department
Financial Impact
N/A
Review Comments
Attachments
Exhibit 1: Map - Parcel 33.pdf
Exhibit 2: Resolution - Parcel 33.pdf
Agenda Plus