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 – Mary L. Highsmith
Property Address – 2215 Delesseps Avenue, Savannah, GA 31404
Property Identification Number – 20103 12014
Legal Description of Parent Parcel - Lots 15 & 17 BLK N LaRoche Park SUB Sessons Ward
Required Easement – 1,076.12 SF (or 0.025 Acres)

STATUS:
Title work was performed on the property and the owner of record is Mary L. Highsmith. On August 31, 2018, the appraiser performed an on-site inspection of the subject property with Ms. Highsmith, along with her son, Mr. Monte Highsmith present.

On January 23, 2019, staff met with Ms. Highsmith at the subject property to explain the offer. Ms. Highsmith 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, a reverse mortgage was found on the property. Authorization from the mortgage company is required in the form of a partial lien release.

In an effort to clear up this issue, Mr. Shearouse’s office spoke and emailed with Ms. Highsmith on August 7, 2019 and August 10, 2019. On August 14, 2019, with written authorization from Ms. Highsmith, Mr. Shearouse’s office emailed the mortgage company requesting a partial release be signed. 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 owner does not dispute the offer amount and would like to sell. Title issues prevent the City from acquiring the required easement without the use of Eminent Domain.

Approval.