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October 10, 2019 Special City Council Meeting
Title
2. Motion to Approve Resolution to Authorize the Use of Eminent Domain to Acquire a Portion of 2318 LaRoche 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. 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 – Ayesha N. Sabree
Property Address – 2318 LaRoche Avenue, Savannah, GA 31404
Property Identification Number – 20116 03006
Legal Description of Parent Parcel – LOT 117 WILEMERE SUB ROBERSON WA RD
Required Easement - 0.025 Acres (or 1078.52 SF)

STATUS:
Title work was performed on the property and the owner of record is Ms. Ayesha H. Sabree. The appraiser spoke with Ms. Sabree to schedule an on-site meeting. The property owner declined and advised the appraiser to speak with her attorney. The appraiser performed a site inspection on November 2, 2018 from adjacent right-of-way.  
On December 6, 2018, staff spoke with and received a Notice of Representation from Krause & Kinsman law firm.

Staff sent offer package to Krause & Kinsman on May 1, 2019, to which the attorney’s office requested eight weeks to review and respond. The agreed upon deadline for response was July 1, 2019.

On May 21, 2019, a counteroffer was received with no supporting documentation. Parties were not able to agree on value.

A GDOT-certified Appeals Officer, Ronnie Lewis, was engaged to further negotiate with Ms. Sabree’s attorney. On June 26, 2019, Mr. Lewis spoke with Mr. Needham on the phone and discussed the proposed offer. After two additional contacts, Mr. Lewis reports that agreement could not be reached regarding the acquisition of the required property rights. Therefore, eminent domain will be needed to acquire the right-of-way for the property.

 

Recommendation

Approval

Contact
David Keating, Director of Real Estate Services
Financial Impact
To be paid from Delesseps Avenue SPLOST project 311.9207.52844.TE0708.
Review Comments
Attachments
Exhibit 1: Parcel 107 Map Attachment.pdf
Exhibit 2: Parcel 107 Resolution.pdf
Agenda Plus