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 – Leroy and Minerva Simpson
Property Address – 2113 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20103 11013
Legal Description of Parent Parcel – LOTS 11 & 13 BLK M LAROCHE PK SESSOMS
Required Right-of-Way – 0.002 Acres (or 102.08 SF)
Required Easement - 0.026 Acres (or 1119.99 SF)

STATUS:
Title work was performed on the property and the owner of record is Leroy and Minerva Simpson. The appraiser was accompanied by Mr. and Mrs. Simpson, and on October 9, 2018, performed an on-site inspection of the subject property.

Staff contacted the owners and set up an appointment to meet and present the offer at City offices on May 9, 2019. After further negotiations, on July 23, 2019, staff and the owners came to an agreement on terms and a Purchase and Sale Agreement was signed. Shortly thereafter, paperwork was forwarded to Assistant City Attorney Shearouse’s office to prepare file for closing.

Upon review of title and current mortgages by the Assistant City Attorney’s office, a partial lien release is needed from the mortgage company. The closing attorney has contacted the mortgage company for, but has not yet received a lien release. Due to time constraints on the project, staff is seeking authority to utilize eminent domain.
The owners do 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.

Approval