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 – Martha Ward & Arvin Ward
Property Address – 2205 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20103 12013
Legal Description of Parent Parcel – 11 13 BLK N SESSOMS WD
Required Right-of-Way – 0.003 Acres
Required Easement – 1245.71 SF (or 0.0286 Acres)

STATUS:
Title work was performed on the property and the owners of record are Martha and Arvin Ward. The appraiser spoke with Ms. Ward to invite her to a site inspection. She lives out of state and declined his invite, but did grant permission. On October 9, 2018, the appraiser performed an on-site inspection of the subject property.

On April 15, 2019, staff spoke with Ms. Ward on the phone, and she requested that the offer package be mailed. On June 6, 2019, staff received a signed Purchase and Sale Agreement via mail. Shortly thereafter, paperwork was forwarded to Assistant City Attorney Shearouse’s office to prepare file for closing.

Upon update and review of title work, two FIFA liens were found indicating Mr. and Ms. Ward as defendants. In an effort to clear up these title issues, Mr. Shearouse’s office left voicemails for Mr. and Ms. Ward on July 25, 2019, August 1, 2019, and August 6, 2019. Ms. Ward called Ms. Shearouse’s office on August 13, 2019 stating they cannot satisfy these liens at closing and that the City should proceed with condemnation.

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.