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 – David Johnson
Property Address – 1307 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20097 39004
Legal Description of Parent Parcel – LOT 7 BLK P WEST WARD SACKVILLE WILKINS WARD
Required Right-of-Way – 0.001 Acres
Required Easement - 0.007 Acres (or 320 SF)

STATUS:
Title work was performed on the property and the owner of record is David Johnson. The appraiser was unable to make contact with Mr. Johnson. On August 31, 2018, the appraiser performed an  inspection of the subject property from adjacent right-of-way and the owners were not present.

On May 14, 2019, a City representative met with Mr. Johnson at the subject property to explain the offer. Mr. Johnson accepted and signed the offer at that meeting. Thereafter, paperwork was forwarded to Assistant City Attorney Shearouse’s office to prepare file for closing.

Upon update and review of title work, two mortgage liens against the property were found. The balance of both mortgages exceeds the appraised value of the remaining property after acquisition. Therefore, authorization from the mortgage company is required in the form of a partial lien release.

On July 31, 2019 and August 9, 2019, mortgage payoff authorization letters were sent to Mr. Johnson and no response was received. Without authorization, the Assistant City Attorney’s office cannot verify payoff amount nor request a partial lien release from the mortgage company.

The owner does not dispute the offer amount and would like to sell. Lack of equity in the property prevent the City from acquiring the required right-of-way and easement without the use of Eminent Domain.

Approval.