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 – Sam Holdings, LLC (Owner - Dan Mahowald)
Property Address – 2109 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20103 11012
Legal Description of Parent Parcel – LOT 9 BLK M SACKVILLE SESSOM W LAROCHE PK
Required Right-of-Way – 0.001 Acres (or 50.31 SF)
Required Easement - 0.012 Acres (or 520.00 SF)

STATUS:
Title work was performed on the property and the owner of record is Sam Holdings, LLC. On October 29, 2018, Mr. Mahowald declined to accompany the appraiser, but gave the appraiser permission to conduct the exterior inspection. On November 2, 2018, the appraiser performed an on-site inspection of the subject property.

On July 29, 2019, staff contacted Mr. Mahowald to set up an appointment to meet and present the offer packet. Mr. Mahowald requested staff mail out the offer packet and staff did so on July 29, 2019. On September 9, 2019, staff and the owner came to an agreement on terms and Mr. Mahowald signed the Purchase and Sale Agreement. Shortly thereafter, paperwork was forwarded to Assistant City Attorney Shearouse’s office to prepare file for closing.

To transfer real property, three members of the LLC are required to sign. By request of the seller, in order to minimize the required signatures from three (3) to two (2) at closing, the Assistant City Attorney’s office has presented the seller with a Resolution. To date, no signed Resolution has been received. Due to time constraints on the project, staff is seeking authority to utilize eminent domain. Mr. Mahowald does not dispute the offer amount and would like to sell.

Approval