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. If all rights-of-way and easements needed for the project are not acquired by December 2019, the City is at risk of losing reimbursement.

PARCEL INFORMATION:
Owner – Frances Simpson & Chris Moody
Property Address – 1215 Delesseps Avenue, Savannah, GA 31404
Property Identification Number - 2-0097-40-007
Legal Description of Parent Parcel - Lots 15 & 17 Block O West Ward, Sackville, Wilkins Ward
Required Right-of-Way – 0.004 Acres
Required Easement - 540 SF (or 0.012 Acres)

STATUS:
Title work was performed on the property and the owners of record are Frances Simpson and Chris Moody. The appraiser made multiple attempts to invite the owners to an on-site visit, but did not receive a response. On November 19, 2018, the appraiser appraised the subject property without the owners present, with limited inspection from the public right-of-way.

On May 17, 2019, staff met with Ms. Simpson at her residence and explained the offer. Due to the fact that her grandson, Chris Moody, is on the deed and was not present for the initial meeting, staff met with Mr. Moody on May 31, 2019 to explain details of the offer. On July 2, 2019, staff and the owner came to agreement on terms. Shortly thereafter, paperwork was forwarded to Assistant City Attorney Shearouse’s office to prepare file for closing.

Upon update and review of title work, a general lien was found indicating Mr. Moody as defendant. In an effort to clear up this title issue, Mr. Shearouse’s office attempted to contact the owners on August 14, 2019, August 19, 2019, and August 20, 2019. Additionally, a final letter dated September 9, 2019 was sent requesting proof of lien satisfaction within 10 days of receipt. To date, no proof has been provided.

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.