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September 26, 2019 Special City Council Meeting
Title
3. Motion to Approve Resolution to Authorize the Use of Eminent Domain to Acquire a Portion of 1905 Delesseps Avenue.
Strategic Priority
Neighborhood Revitalization
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 – Gary L. Johnson
Property Address – 1905 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20103 10014
Legal Description of Parent Parcel – LOT 5 & PT LOT 3 & 7 BLK P E WD SACKVILLE SESSOMS
Required Right-of-Way – 0.001 Acres
Required Easement - 0.03 Acres (or 1296 SF)

STATUS:
Title work was performed on the property and the owner of record is Gary L. Johnson. On November 30, 2018, the appraiser performed an on-site inspection of the subject property with Mr. Johnson present.

On June 6, 2019, staff met with Mr. Johnson outside of his residence and explained the offer. On July 23, 2019, staff and the owner came to agreement on terms. Shortly thereafter, paperwork was forwarded to Assistant City Attorney Shearouse’s office to prepare file for closing.

Upon update and review of title work, two liens were found indicating Mr. Johnson as defendant. In an effort to clear up these title issues, Mr. Shearouse’s office spoke with Mr. Johnson on August 6, 2019 and August 14, 2019. Additionally, a final letter dated September 9, 2019 was sent requesting proof of lien satisfaction within 10 days of receipt. To date, no proof has been provided.

The owner does 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 Real Estate Services.
Financial Impact
To be paid from Delesseps Avenue SPLOST project 311.9207.52844.TE0708.
Review Comments
Attachments
Parcel 54 Map - 1905 Delesseps Avenue.pdf
Parcel 54 - Resolution Attachment.pdf
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