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September 26, 2019 Special City Council Meeting
Title
7. Motion to Approve Resolution to Authorize the Use of Eminent Domain to Acquire a Portion of 2224 E. 59th Street.
Strategic Priority
N/A
Description

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 – Evelyn P. Mediavilla
Property Address – 2224 E. 59th Street, Savannah, GA 31404
Property Identification Number - 20102 06001A
Legal Description of Parent Parcel - LT 1 LAROCHE PK ANNEX SUB ROBERSON WD
Required Easement – 360.76 sq. ft. (or 0.008 Acres)

STATUS:
Title work was performed on the property and the owner of record is Evelyn P. Mediavilla. On October 23, 2018, the appraiser performed an on-site inspection of the subject property with Ms. Mediavilla and her daughter Santa Conn.  Ms. Conn is not a co-ower but is a co-borrower on the mortgage.

Ms. Mediavilla lives out of state and is ill, so Ms. Conn (her Daughter) serves as her representative. On April 11, 2019, staff met with Ms. Conn at City offices and explained the offer. Ms. Conn had no concerns and accepted the offer. Shortly thereafter, signed paperwork was forwarded to Assistant City Attorney Shearouse’s office to prepare file for closing.

Upon update and review of title work, a FIFA lien was found indicating Ms. Mediavilla as defendant. In a conversation with Ms. Conn, she stated to counsel that they are unable to satisfy the lien. The owner(s) do 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.

Recommendation

Approval.

Contact
David Keating, Director of Real Estate Services.
Financial Impact
To be paid from Delesseps Avenue SPLOST project 311.9207.52844.TE0708.
Review Comments
Attachments
Parcel 95 Map - 2224 E. 59th Street.pdf
Parcel 95 - Resolution Attachment.pdf
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