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THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Need for Property. The public health, safety,necessity and convenience <br /> demand that the 41s` Street Overpass Road Project, including right of way acquisition and related <br /> improvements be constructed and maintained and that certain property be condemned, appropriated, <br /> taken and damaged for the construction of said improvements as provided by this ordinance. <br /> Section 2. Declaration of Necessity. The City Council of the City of Everett, after <br /> hearing the report of the City Staff, and reviewing the planned improvements for the project,hereby <br /> declares that the properties described on Exhibit A attached hereto and incorporated herein by this <br /> reference as if fully set forth, are necessary for public use, i.e., for the construction of the project <br /> commonly known as the 41st Street Overpass Road Project, including right of way acquisition and <br /> other improvements. <br /> Section 3. Condemnation. The real property described on Exhibit A shall be, and <br /> the same is hereby condemned, appropriated, taken and damaged for the purposes of constructing <br /> the 41'Street Overpass Road Project, including right of way acquisition,together with all necessary <br /> appurtenances and related work to make a complete improvement in accordance with City standards. <br /> Condemnation of the property is subject to the making or paying of just compensation to the owners <br /> thereof in the manner provided by law. <br /> Section 4. Authority of City Attorney. The City Attorney is hereby authorized and <br /> directed to begin and prosecute the proceedings provided by law to condemn, take and appropriate <br /> the real property necessary to carry out the provisions of this ordinance, and the City Attorney is <br /> authorized in conducting said condemnation proceedings, for the purpose of minimizing damages, <br /> to stipulate as to the use of the property hereby authorized to be condemned and appropriated and <br /> 2 <br />