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 – Tressa Anne Brush
Property Address – 2319 LaRoche Avenue, Savannah, GA 31404
Property Identification Number – 20116 04005
Legal Description of Parent Parcel - LOT 40 ROBERSON WD WILEMERE
Required Easement – 1,282.89 SF (or 0.029 Acres)

STATUS:
Title work was performed on the property and the owners of record are Tressa Anne Brush and Douglas Howard Brush II. On September 14, 2018, the appraiser performed an on-site inspection of the subject property with Ms. Brush present.

On February 1, 2019, staff met with Ms. Brush at City offices to explain the offer. Ms. Brush 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 Georgia Revenue lien was found indicating Ms. Brush as defendant. In an effort to clear up these title issues, Mr. Shearouse’s office left voicemails for Ms. Brush on July 24, 2019, August 1, 2019, and August 6, 2019. Ms. Brush called Mr. Shearouse’s office on August 7, 2019 and stated she is working with the Department of Revenue to clear up this lien. Mr. Brush called again on August 14, 2019 and stated there is no resolution to the lien. 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 easement without the use of Eminent Domain.

Approval.