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HomeMy WebLinkAboutState of California Condemnation $301,000City of La Quinta CHECK NO: 118689 VENDOR: 09030 State of California Condemnation Fund 05/18/2018 DATE ID PO # DESCRIPTION GL ACCT # AMOUNT 5/17/2018 051718 05/17/18- PROPERTY AQUISITION EMINENT DOMAIN 401-0000-74010 301,000.00 x, o� City of La Quinta WELLS FARGO 78-495 Calle Tampico 11-24/1210 (8) La Quinta, CA 92253 (760) 777-7150 PAY ---Three Hundred One Thousand Dollars and 00/100 Cents --- TO THE State of California Condemnation Fund CHECK TOTAL 301,000.00 CHECK NO: 118689 05/18/2018 $301,000.00 ORDER 915 Capital Mall Room 562 AUTHORIZED SIGNATURE OF Sacramento, CA 95814- AUTHORIZED SIGNATURE II■ 1.L86891II 1:L210002481: 0L,L59282482114 ....... .... _ ....... .- ...... � A _ _ -- - r - - �■ ir+ - - - - - - __ +F - _ - ■�_ _ - F_ - -tom% zi ti -_ t --- = _ _ - _ - - -7 - -- - - - -� -- --_ r =m7Z ---ice _i i t - 2018-05-09 Rev.1 C6'il�t 0�/ 14P DEMAND / CHECK REQUEST Return check to requestor Name 1 Title of person requesting check Derrick Armendariz Department individual is associated with: Finance Mail check D° ' MAY 18 2G17 [ f CITY a?: lA ZtU!! I A V �F>MA Check payable to: State of California Condemnation Fund G°��3 d Amount: $ 301 ,000.00 (Name] _-___ (vendor No.) - 915 Capital Mall Room 562 Account Number: 401-0000-74010 (Address) — Sacramento , CA 95814 Project Number: 11 1205-LAND Check description and invoice number: Property Aquisition located at 46400 Dune Palms through eminent domain. 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Y O O ID - fa V � C ' u Q Z,IL c r co c 41 `n E t 4 00 0O Y O cl� to N 1 QJ •L N CY N 0-2 E E " O vOi U i i U d 7 Y H Ll- N O a � O � A i1 Y O L u ~ 4 C =3 = C O u E u. 4n C VI O y Y u.T C �� i 0- 41 U Li VI FO- 1A 0 o L 41 m 4J L O u N L w C L 0 O 0 0 tV c ai O 4-, +_+ ca N U 4J I = > a-1 0 0 co _v O � t ca L io 0 L cu � E N fB � L1 O 4- C:)U 4., M C s 0 a� +� +- > C: c +� 0 0 E � v O N4-1 t N C L1 O E a+ O Q f0 U 0 Q. E +' �C O U a- a O = 'fp m E aj > s � fd tw tp t C a) 41 0 O Q v 4- O a) N 0 W 0 0 LL 4-1 O N U Q f6 .0- 0 0 cv C: _0 c Y E 0 C Q a) U O O U- L 41 d' _ J Nal� Y L L—QI� Y p R v U m M M (o Y C t0 coE o -IL � fO = ,-I O .-a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AL QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORITONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, AND APPROVING AND ADOPTING A RESOLUTION OF NECESSITY Motion passed unanimously. DEPARTMENTAL REPORTS All reports are on file in the City Clerk's Office. City Attorney Irhke said there was an article in the Desert Sun reporting that the City received a response letter from the Fair Political Practices Commission (FPPC) concluding its investigation based on a citizen's complaint submitted back in 2016 concerning the City Manager. The FPPC concluded that there was no evidence showing there was any financial interest with the City Manager that would be subject to further review; thus, the case has been closed. MAYOR'S AND COUNCIL MEMBERS' ITEMS Councilmembers were very pleased with the City's Birthday celebration over the weekend. Councilmember Pena reported that staff received confirmation from Burrtec Waste & Recycling that their sweeping schedule has been changed to follow trash pick-up days. Brief Council discussion followed regarding the perpetual inclusion of public safety agencies, Police and Fire, under the Department Reports section of the agenda, and not when quarterly reports are provided. Councilmember Fitzpatrick commended Burrtec for their assistance and partnership in providing public restrooms at the City's south parking lot while it served as temporary overflow parking for the camping festival goers. Council also commended City staff for implementing an on -the -go contingency plan to alleviate the festival camping situation caused by the high winds. Further discussion followed regarding miscellaneous festival concerns, including giving affected agencies proper notice to develop contingencies, as well as home owners' properties that were used as landing spots, to ensure compliance. Mayor Evans said the Volunteer Appreciation Luncheon on Thursday, May 3, 2018, conflicted with her General Assembly meeting. Councilmembers Fitzpatrick and Radi said they will be attending the event. Mayor Evans noted that the Southern California Association of Governments Conference would be May 3-4, 2018. There will be a Tourism Rally, a quick bus tour taking the attendees from the conference venue to California State University San Bernardino for an economic impact of tourism during National Tourism Week. CITY COUNCIL MINUTES Page 7 of 8 MAY 01, 2018 13 MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:18 P.M. MAYOR EVANS RECONVENIEND THE COUNCIL MEETING AT 5:30 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS 1. ADOPT A RESOLUTION DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD FOR THE DUNE PALMS WIDENING PROJECT (PROJECT NO. 2009-04) THROUGH EMINENT DOMAIN [RESOLUTION 2018-0201 City Engineer McKinney presented the staff report, which is on file in the Clerk's Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:33 P.M. PUBLIC SPEAKER: Stacy Thomsen, Attorney with Peterson Law Group representing the Chin Family Properties Limited Partnership - said Petersen Law Group submitted a response letter, dated March 27, 2018, to the City's Notice to Adopt Resolution of Necessity, which has been made part of the record, and she reiterated the same points listed in the letter. City Attorney Ihrke confirmed that the Petersen Law Group letter mentioned above was part of the record, and said it was within the Council's purview to decide to move forward with the Resolution of Necessity at this time, or delay it until the Dune Palms Widening project is ready to move forward, which would be at least a year out, and will be subject to a separate environmental review because it is federally funded. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:36 P.M. City Attorney Ihrke requested that the proposed resolution language on page, 2, SECTION 2, under the Now, Therefore, Be It Resolved section, the words "depicted in" be deleted from line 3 of the paragraph describing what the property interest the City seeks to consist of. Council discussed the funding for the street widening and whether there were any associated time constraints. Staff clarified that the time constraints are tied to the Dune Palms Bridge project not the street widening. Mayor Evans noted that the adoption of this resolution required a supermajority (2/3) vote for passage. MOTION - A motion was made and seconded by Councilmembers Pena/Radi to adopt Resolution No. 2018-020 declaring that the public interest and necessity require the acquisition of portions of the property located at 46400 Dune Palms Road through eminent domain as amended above: CITY COUNCIL MINUTES Page 6 of 8 MAY 01, 2018 12 CONSENT CALENDAR ITEM N0, 1 CITY COUNCIL MINUTES TUESDAY, MAY 1, 2018 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Mayor Evans ABSENT: Councilmember Sanchez MOTION - A motion was made and seconded by Councilmembers Radi/Fitzpatrick to excuse Councilmember Sanchez delay in participating in the May 1, 2018, Council meeting. Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Sanchez). PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA City Manager Spevacek said Riverside County Sherriff Department Lieutenant Manning will introduce Police Chief Captain Misty Reynolds under the Announcements, Presentations, and Written Communications section of the agenda. Councilmember Pena said he will recuse himself from discussion and vote on Closed Session Item No. 1 due to a potential conflict of interest stemming from the proximity of the project to his residence. Council concurred. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY LOCATED ON AVENDIA MONTEZUMA (APNs 773-072-028 and 773-077-015) AND AVENIDA VILLA (APN 773-076-018) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER PROPERTY OWNER: CITY OF LA QUINTA UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR DISPOSTION OF THE PROPERTY IDENTIFIED COUNCILMEMBER SANCHEZ JOINED THE MEETING AT 3:03 PM CITY COUNCIL MINUTES Page 1 of 8 MAY 01, 2018 7 Resolution No. 2018- Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project Adopted: May 1, 2018 Page 4 of 4 attorneys are specifically authorized to take whatever -steps and/or procedures are available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. The City Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may deem appropriate, and in the event it is possible to settle and compromise such proceedings, the City Attorney may take all actions necessary to complete the acquisition, including preparing and filing stipulations as to judgment, final orders of condemnation, and arranging for the deposit or other payment of just compensiaotn as may be agreed to. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15t day of May, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: PAM NIETO, Deputy City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 232 Resolution No. 2018- Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project Adopted: May 1, 2018 Page 3 of 4 widened street section will consist of a 72 feet curb to curb street section, which will provide two 11 foot travel lanes in both directions; a 12 foot wide raised median; an 8 foot bicycle/golf cart lane along each side of the road, adjacent to the curb; and a 6 foot wide sidewalk. This will enhance the utility of the area and help improve traffic circulation. The Project is designed in a manner compatible with the least private injury in that the acquisition has been limited to the Project boundaries, so as to minimize disruption to residences, and the Project provides streetscape upgrades along the remaining property's frontage, including a new block wall, new landscape and irrigation, relocation and undergrounding of existing utilities, and improved driveway access. SECTION 5. The Property is necessary for the proposed Project, in that the roadway widening must of necessity occur on property immediately adjacent to the existing roadway. SECTION 6. The offer required by Government Code § 7267.2 has been made to the record owners, by way of letter dated December 13, 2016. In addition, on the same date offer letters were sent to the owners of the individual coaches included within the area of the proposed easement. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing all the necessary property interests required for the Project, outside of more formal proceedings. SECTION 7. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure §§ 1240.510 and 1240.610. SECTION 8. The Project has been reviewed and approved under the Mitigated Negative Declaration (MND), EA 2016-009, approved on July 20, 2016. The City Council finds and determines that since the time of the adoption of that MND, there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the MND such that no further environmental review attending this proposed acquisition is necessary. SECTION 9. The law firm of Rutan & Tucker, LLP, which serves as the Office of the City Attorney for the City of La Quinta, are hereby authorized to prepare and prosecute in the name of the City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for acquisition of the Property described herein, to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such 231 Resolution No. 2018- Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project Adopted: May 1, 2018 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: SECTION I. The project for which the property is being acquired is the Dune Palms Widening Project, a project to widen the east side of Dune Palms Road to its ultimate General Plan width from Westward Ho Drive / Blackhawk Way to a point approximately 330 feet north of the Coachella Valley Storm Water Channel (CVSC) (as referred above as the Project). The length of the widening improvements is approximately 900 linear feet, and includes a single lane of travel in each direction. SECTION 2. The Property to be acquired is located within the City at 46400 Dune Palms Road (Assessor Parcel No. 600-030-010). The Property interest the City seeks to consists of: A permanent easement for street and public utility purposes over some approximately 2,610 square feet, as more specifically described in "Exhibit A" hereto, and depicted in "Exhibit B" hereto, which easement shall consist of the following: A perpetual exclusive easement for public right of way, street, drainage, pedestrian and utility purposes, including all use of the Easement Area for purposes incident to public right of way use, including but not limited to the construction, maintenance, and operation of a roadway, or other transportation facilities, underground and above ground utilities and appurtenances, cable communication or telecommunication facilities; directional, street identification, or roadway informational signage; traffic control devices; curbs; gutters; sidewalks; drainage and sewage facilities; and transportation facilities such as bus bays, benches, bus or train stops, bicycle pathways, or facilities for railway or other public transportation vehicles or manners of conveyance. SECTION 3. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the improvement of Dune Palms Road in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion and improve the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the streets. SECTION 4. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, construction of median island, undergrounding of utilities, and upgrading parkway landscaping, along with drainage improvements. The final 230 RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, AND APPROVING AND ADOPTING A RESOLUTION OF NECESSITY WHEREAS, the City of La Quinta. has been investigating the acquisition of portions of property located at 46400 Dune Palms Road for the purposes of making public roadway improvements pursuant to the circulation element of the General Plan of the City of La Quinta; and WHEREAS, on May 1, 2018, after no less than fifteen (15) days written notice to the owners of the Property referenced above, and more specifically described in the legal descriptions attached hereto as "Exhibit A, and B", which legal descriptions are incorporated herein by reference ("Property"), the City Council of the City of La Quinta held a hearing for the purposes of allowing the record owners and occupants of such property reasonable opportunity to appear and be heard regarding the City's identification of the "Project" as the Dune Palms Widening Project ("Project"), and on the following matters: A. Whether the public interest and necessity require the project; B. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the Property proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code § 7267.2 had been given to the owners of record; and E. Whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property including review under CEQA; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety and welfare require that the City acquire the Property more particularly described herein for the purposes of the Project; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including the Mitigated Negative Declaration (MND), EA 2016-009, approved on July 20, 2016, in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code §§ 37350.5 and 40404. 229 inappropriately piecemealing the two projects. It also objects that the owner will be impacted should any right of way acquisitions occur on that Project. While that letter is accurate in that the City is in the planning stages of a nearby project on the bridge, at this juncture, it is still only planning. That bridge project, should it come to fruition, will implicate federal funding, and require an extensive set of right of way regulatory measures and procedures to be followed, under FHWA oversight, that will consume substantial additional time. Because that bridge project's status is at this time uncertain, and in order not to prolong any uncertainty for the residents impacted by the street widening project, City staff believes it inappropriate to suspend the street project in favor of waiting on the still -evolving bridge project processing. The letter also makes unspecified objections to the legality of City's offer, but apart from expressing dissatisfaction with the offer amount, provides no detail regarding any alleged inadequacy. The City attempted to solicit the owner's position on value or where it felt the City's appraisal was lacking through the negotiation process, but the owner declined to provide any input. U N 14 a U I W V 1. Consider redesign of the Project to modify the areas of proposed taking, or restrict currently planned public improvements from the Project. 2. Defer any decision on use of eminent domain to acquire the property interests identified, and direct staff to continue negotiating with owners who to date have not been responsive. 3. Decide not to implement the Project; thereby eliminating the need for right of way acquisitions. Prepared by: William H. Ihrke, City Attorney Approved by: Frank J. Spevacek, City Manager Attachment: 1. Proposed Resolution of Necessity 228 The public interest and necessity require the Project, because the City's General Plan Circulation Element calls for improvement of Dune Palms road to its ultimate right-of-way width. This Project will accomplish that within the Project boundaries. It will allow for two lanes of travel along Dune Palms Road in either direction and provide other streetscape improvements. In addition to enhanced circulation along Dune Palms Road, the Project will provide bicycle/golf cart lanes along each side of the road, encouraging these alternate modes of energy -efficient transportation, and will also provide a 6-foot sidewalk. The Project will result in the least private injury because the right-of-way takings proposed are limited to the roadway widening project boundaries, which will minimize potential impacts to mobile home owners and residents. The Project calls for enhancement of a number of streetscape features along the Dune Palms Mobile Estates frontage, including new curb, gutter, underground utilities, and new street landscaping and irrigation. The property proposed to be acquired is necessary for the Project because a roadway widening project must of necessity occupy land immediately adjacent to the prior existing right-of-way. In this instance, the other side of the roadway has already been configured to its ultimate right-of-way, in connection with the construction of the adjacent high school, by the local school district. Therefore, the right-of-way need only be widened on the side of the roadway where the proposed acquisition piece is located. The Project has been reviewed under the California Environment Quality Act, and a Mitigated Negative Declaration, EA 2016-009, and was approved on July 20, 2016. The limitations period for any direct legal challenge to that mitigated negative declaration has passed. In addition, City staff has identified no substantial changes to the proposed Project since that time, no substantial changes with respect to the circumstances under which the Project is proposed to be undertaken, nor any new information of substantial importance indicating any new significant effects, additional severity of previously identified effects, or new or newly -feasible mitigation measures which might substantially reduce identified significant effects since that time, which would require major revisions of the negative declaration. As such, City staff recommends that the City Council find that the previous mitigated negative declaration adequately analyzes the Project, including the property acquisition proposed through this resolution of necessity. The owner has an opportunity to address the City Council regarding the findings proposed under the resolution of necessity, the CEQA finding, and the potential acquisition of the property by eminent domain in general. Mailed notice of tonight's resolution of necessity hearing was provided to the owner of the mobile home park, and the owners of each of the remaining affected individual coaches, on March 27, 2018. That notice indicated that the resolution of necessity hearing, originally scheduled for April 3, 2018, would be rescheduled to May 1, 2018. As of the time of this writing, one piece of correspondence regarding the proposed resolution was received by the City, from the mobile home park owner. That correspondence, dated March 27, 2018, will be added to the record of proceedings on the resolution. The letter objected that the City is also considering a project to improve the nearby bridge spanning the Coachella Valley Storm Water Channel, and alleges the City is 227 BACKGROUND/ANALYSIS The City has secured funding and is designing the Project in order to improve Dune Palms Road to its General Plan designated roadway width. The Project will widen Dune Palms Road to its ultimate right-of-way, and in its final configured alignment will consist of 72 feet of street section curb -to -curb, with two 11-foot travel lanes in both directions, a 12- foot wide raised median, an 8-foot bicycle/golf cart lane along each side of the road (adjacent to the curb), and a 6-foot sidewalk. The Project requires additional right-of-way from property located at 46400 Dune Palms Road, the site of Dune Palms Mobile Estates. The right-of-way sought would consist of some 2,610 square feet of permanent street and utility easement; specifically described in Exhibit A, and depicted in Exhibit B, to the resolution attached hereto as Exhibit 1. The scope of the rights proposed to be acquired under the easement is also described in detail in the proposed resolution. The proposed right-of-way impacts five mobile home units within the park, Units Number 58, 59, 82, 83, and 84. Extensive negotiation efforts were undertaken with the park owner and with each of the individual unit holders. The City, through its right-of-way consultant, Overland Pacific & Cutler, was successful in negotiating an acquisition for two of the five mobile home units. Negotiations with the mobile home park owner proved less successful. Staff evaluated potential alternatives to the scope of the taking, and solicited counteroffers from the mobile home park owner to the value of the appraisal -based offer, but in neither respect received any productive response. Staff is now prepared to go forward with implementing the Project and is recommending that the City Council consider and approve a resolution of necessity that authorizes the use of eminent domain to acquire the permanent street and utility easement at issue. A resolution of necessity is required under the Code of Civil Procedure prior to the time any public entity utilizes its power of eminent domain. Passage requires a four -fifth's vote of the City Council. The resolution requires the City Council to make findings on the following matters: A. Whether the public interest and necessity require the Project; B. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code § 7267.2 had been given to the owners of record; and E. Whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property including review under CEQA. City staff believes appropriate facts exist for each of the required findings. 226 PUBLIC HEARING ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: May 1, 2018 STAFF REPORT AGENDA TITLE: APPROVE A RESOLUTION DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD FOR THE DUNE PALMS WIDENING PROJECT (PROJECT NO. 2009-04) THROUGH EMINENT DOMAIN RECOMMENDATION Approve a resolution declaring that the public interest and necessity require the acquisition of portions of property located at 46400 Dune Palms Road through eminent domain. EXECUTIVE SUMMARY • The City has been negotiating with the owners of 46400 Dune Palms Road since December 2016 to acquire the right of way for the Dune Palms Widening project (Project). • The Project entails building the roadway to its ultimate right of way. The right of way being sought consists of a 2,610 square foot easement; five (5) mobile home residences are located on this property. • The City has negotiated to acquire the mobile homes. Two of the five have been acquired through negotiated agreement; negotiations with the remaining mobile home owners have reached an impasse. • The Project design work has been completed, funding is in place, and is ready to be implemented. FISCAL IMPACT The total projected cost is $743,500. The City's appraised value for the property to be acquired (the amount offered) is $301,000, the estimated relocation costs are $300,000, and the appraised value of the five coaches is $142,500; the total amount of just compensation will be determined through administrative and court proceedings. CVAG is paying for 75 percent of the project costs and the city is paying for the remaining 25 percent. The current projected right of way costs are higher than originally budgeted, but a reduction in estimated construction costs has offset this and the city's estimated total project cost remains unchanged. 225