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. 

PARCEL INFORMATION:
Owner – Philip D. Johnson d/b/a Bulloch Corporation, LLC
Property Address – 2102 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20103 09005
Legal Description of Parent Parcel – LOTS 10 & 12 BLOCK J LAROCHE PARK SUBDIVISION
Required Right of Way – 0.010 Acres (or 431.71 SF)
Easement - 0.021 Acres (or 911.02 SF)

STATUS:
Title work was performed on the property and the owner of record is Michael Johnson d/b/a Bulloch Corporation, LLC. Staff contacted Mr. Johnson and set up an appointment to meet at his business office on April 12, 2019. At that meeting, staff presented the offer. Mr. Johnson stated his son resides at the property and parks his trailer inside of the gate. Mr. Johnson doesn’t want to sell any portion of his property to the City. He stated that he would review the offer packet and call staff in 30 days.

On May 10, 2019, Staff called Mr. Johnson to ask if he had any questions about the offer packet. Mr. Johnson declined the offer, and stated he wanted the City to purchase the land and structure. Staff informed Mr. Johnson the City is not interested in acquiring the entire parcel. The City needs to acquire 431.71 SF of right of way and 911.02 SF of easement area. Mr. Johnson stated, he won’t sell any property to the City.

On July 22, 2019, a “10-day letter” was mailed to Mr. Johnson , requesting a final response by September 1, 2019, to avoid litigation. Staff continued to negotiate with Mr. Johnson, but parties were not able to agree on value.

A GDOT Certified Appeals Officer, Ronnie Lewis, was engaged to further negotiate with the owner. On August 20, 2019, Mr. Lewis spoke with Mr. Johnson on the phone and discussed the proposed offer. Mr. Lewis reports that an agreement could not be reached regarding the acquisition of the required property rights.

On August 27, 2019, staff received a call from an attorney, Matthew Jones, who was retained by Mr. Johnson. Mr. Jones requested a copy of the Offer Packet and “10 day letter”. Staff emailed Mr. Jones the documents.

On August 29, 2019, staff received a call and email from Mr. Jones. Mr. Jones stated that Mr. Johnson, on behalf of Bulloch Corporation, LLC, would like to reach an agreement for the acquisition of the right-of-way and easement.  Staff emailed Mr. Jones the Agreement to Purchase Real Estate for execution.

Staff reached out to Mr. Jones for an update on the execution of the Agreement to Purchase Real Estate on September, 13, 2019, September 24, 2019 and October 3, 2019. On October 21, 2019, Staff informed Mr. Jones the executed agreement must be received by October 25, 2019 to avoid condemnation. To date, no agreement has been signed and returned by the owner. Therefore, eminent domain will be needed to acquire the right-of-way for the property.

Approval