Ordinance 1649 - Laserfiche WebLink

�.. a ►_e s west line of Gedney Street to the south line of Wall Street." Section 2:That all the undedicated lands , premises, and other property within the limits of the lands , tracts and parcels of land bounded and described in Section 1 hereof, be, and the same are hereby condemned and appropriated to the public use for the { purpose of a public alley and highway forever, and that all lands , rights and privileges , and other property joining or proximate to said limits necessary to be taken, used or damaged in opening up and establishing said alley are hereby condemned and appropriated to a public use for said purposei said lands , rights privileges and other property to be taken or appropriated only after just compensa- tion has been made or paid into court for the owner or other person entitled thereto. Section 3; That the city attorney be , and he is hereby authorized and directed to file in the Superior Court of the state of Washington- in and for Snohomish County, in the name of the city of Averett, a petition complying with the requirements of the laws of the state of Washington, and praying that the just compensation to be made for the lands and other property and property rights to be taken o`r damaged by the opening up and establishing of said alley, as provided herein, be ascertained by a jury or by the court in case. a jury be waived. Section 4; That the cost and expense of the opening up and establishing of said alley, including the cost of all proceed- ings to be had herein, shall be paid wholly by special assessments upon the property in said assessment district; provided that no property shall be assessed a greater amount than it will actually be benefited; and provided, further, that if an assessment upon said property in said district to the full amount is has been benefited will not defray all the cost and expenses of said improvement, the balance shall be paid from the general fund of the city of Averett.