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March 28, 2019 - City Council Special Meeting
Title
3. Motion to Approve Resolution to Authorize the Use of Eminent Domain for Portion of 1310 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) for improvements to Delesseps Avenue and LaRoche Avenues between Waters Avenue and Skidaway Road.  These improvements align with the adopted City Council Strategic Priorities: Infrastructure, Neighborhood Revitalization, and Public Safety.  Specifically, these road projects reduce street flooding, increase the amount of sidewalks, improve the quality of Savannah streets, improve mobility and neighborhood connectivity, enhance a commercial corridor, and ultimately help residents feel safer in their neighborhood.  The proposed project would provide sidewalks, bicycle facilities, and 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.   Acting in accordance with 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs, staff has attempted to contact and negotiate in good-faith with owners on record.  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 – Delesseps Avenue Baptist Church
Property Address - 1310 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 2-0097-37-012
Legal Description of Parent Parcel – Lots 8, 10, 12, 14, 16, 18 & 20 BLK M West WD Wilkins WD
Required Right-of-Way – Total of 0.007 Acres (0.006 Acres and 0.001 Acres)
Required Easement - 0.097 Acres

STATUS:

Title work was performed on the property and the owners of record are Solid Rock Baptist Church n/k/a Delesseps Avenue Baptist Church.  Staff met with the trustees and presented the offer. The trustees have failed to provide a counteroffer despite repeated attempts to contact the deciding members. Staff recently received a Notice of Representation from an attorney’s office. Since there has been no counteroffer presented and they are now represented by counsel the only way to acquire the right of way and easement in a timely manner is to utilize eminent domain.

Recommendation

Approval

Contact
David Keating, Director of Real Estate Services
Financial Impact
To be paid from Delesseps Avenue SPLOST project 311.9207.52842.TE0708.
Review Comments
Attachments
Exhibit 1: 1310 Delesseps - Resolution Attachment.pdf
Exhibit 2: 1310 Delesseps - Map Attachment.pdf
Exhibit 3: Presentation - Delesseps Avenue Widening.pdf
Agenda Plus