Petitioner, Dicky Mopper, on behalf of Tafina LLC, owner of 1650 E Victory Drive, has requested that City-owned property located at the northeast corner of East Victory Drive and Oleander Avenue (Pin 20078 01015) be declared as surplus and available for sale.  The property owned by Tafina LLC is located directly east of the City property and is operated as a Real Estate Brokerage.  The Real Estate Brokerage’s sole means of ingress/egress traverses over the City property, using the Southeast corner of the lot to provide driveway access for their customers. The subject property measures +/-100’ x 137’, is largely unimproved except for a driveway, and serves primarily as stormwater discharge.  The property was acquired by the City in 1962 as part of a road improvement project.  According to O.C.G.A 32-7-1, a municipality possesses the authority to declare surplus unneeded rights of way (R/W) and offer such surplus property for sale to adjacent owners.  As per Georgia law, the R/W has been offered for sale to adjoining property owners with only Tafina expressing interest.

To assess the purchase price of the property, an initial appraisal was procured.  The petitioner objected to this initial valuation and staff offered the opportunity for Mr. Mopper to procure a second, unbiased third-party appraisal.  Given the vast difference in opinion between the resulting two appraisal reports, a third appraiser was jointly chosen to perform a third appraisal and subsequent valuations are outlined below.  Note that all appraisers are third-party and well-qualified general appraisers with MAI designations.  

• Appraisal 1: Considine and Company – FMV of $270,000. 
• Appraisal 2: Weibel & Associates – FMV of $110,000.
• Appraisal 3: Coastal Realty Consultants – FMV of $142,000.

As is customary in appraisal disputes, best estimated value has been determined by the average of the two closest appraisal values.  This method results in a purchase price of $126,000. The petition has been reviewed and approved by Development Services, Public Works and Water Resources, Greenscapes, Planning and Urban Design, and Real Estate Services with the following conditions:

• An archaeological assessment, as outlined in City Ordinance Sec-8-13006, shall be conducted prior to sale of the property.
• Reservation of appropriate stormwater easements within subject property.

Additionally, authorization is requested for the City Manager to execute quitclaim deeds and any associated closing documents.

Approval