Print Next Item

September 26, 2019 Special City Council Meeting
Title
1. Motion to Continue Resolution to Authorize the Use of Eminent Domain to Acquire a Portion of 1302 West Gwinnett Street.
Strategic Priority
N/A
Description

BACKGROUND:
The Mayor and Aldermen of the City of Savannah approved engineering for the West Gwinnett Street widening project at the regularly scheduled meeting on April 12, 2004. These improvements align with the adopted City Council Strategic Priorities: Infrastructure, Neighborhood Revitalization, and Public Safety. Specifically, this road widening project reduces street flooding, increases the amount of sidewalks, improves the quality of Savannah streets, improves mobility and neighborhood connectivity, enhances a commercial corridor, and provides necessary access to major highways for the upcoming Arena Development and Canal District.

The project provides additional traffic lanes, sidewalks, bicycle facilities, and curb/gutter and improved drainage. A total of nine (9) parcels are affected in which rights-of-way and/or easements from private landowners are required to facilitate this project.

Acting in accordance with 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs and O.C.G.A. 22-1-9, the Georgia Landowner's Bill of Rights, staff has attempted to contact and negotiate in good-faith with owners on record.

PARCEL INFORMATION:
Owner – Josey Sheppard
Property Address – 1302 West Gwinnett Street, Savannah, GA 31415
Property Identification Number – 2-0046 -01-007
Legal Description of Parent Parcel – LT 26 + E PT OF LT 1 SEC A MORRISON WD
Required Right-of-Way – 460.7 square feet (0.01 acres)
Required Easement – 1069.7 square feet (0.025 acres)

STATUS:
Title work was performed on the property and the owner of record is Josey Sheppard. On January 12, 2019, the appraiser met with Mr. Sheppard for an on-site inspection of the subject property.

On February 20, 2019, staff met with Mr. Sheppard and other members of his family to present the offer. Mr. Sheppard had questions regarding the project and its affects to his property. Staff followed up with responses to those questions. On March 25, 2019, Mr. Sheppard, and his sister, Deanna Baker, spoke on the phone with staff regarding additional questions. On June 4, 2019, staff met with Mr. Sheppard to discuss a revised offer amount.

On June 24, 2019, Mr. Sheppard sent an email outlining a series of additional questions, to which staff responded with answers on June 26, 2019. On July 2, 2019 there was a Special Session of the City Council during which Mr. Sheppard requested more time to negotiate with the City about the offer. Council agreed to provide Mr. Sheppard an additional 60 days to come to an agreement with the City. On July 8, 2019, Mr. Sheppard met with the City Manager and staff to negotiate. Since the July 8, 2019 meeting, staff has reached out to Mr. Sheppard and Ms. Baker three (3) additional times and was told that they were working on a response. Staff were also informed Mr. Sheppard had hired an attorney.  The City Attorney has communicated with Mr. Sheppard's attorney.  To date, there has been no additional formal counteroffer presented by the property owner. A total of 23 contacts have been made with Mr. Sheppard and/or Ms. Baker in an effort to come to terms on acquisition of required property rights.

On August 29, 2019, a Special Council meeting was held requesting authorization to use Eminent Domain to acquire a portion of 1302 West Gwinnett Street. City Attorney Lovett requested that the item by continued to September 26, 2019.

Due to ongoing negotiations between the Sheppards’ attorney and the City Attorney, staff requests to continue this item until October 10, 2019.

 

Recommendation

Approval.

Contact
David Keating, Director of Real Estate Services.
Financial Impact
To be paid from West Gwinnett Street Improvement Account 311.9207.52842.TE0709.
Review Comments
Attachments
Parcel 3 - Resolution.pdf
Parcel 3 Map - 1302 West Gwinnett Street.pdf
Agenda Plus