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-3- <br /> damaged in said opening up and establishing of said street, be, and <br /> the same are hereby condemned and appropriated to the public use <br /> for the purpose of making such opening and establishing, as afore- <br /> said. Said lands , rights and privileges and other property are to <br /> be taken and appropriated only after just compensation has been <br /> made or paid into court for the owner or other person entitled <br /> thereto, in the manner provided by law. <br /> Sec. 3: That the city attorney be, and he is hereby authorized <br /> and directed to file in the superior court of the state of W'ashington <br /> in and for the county of Snohomish, in the name of the city of <br /> Everett, a petition, complying with the laws of the state of <br /> Washington, and praying that just compensation be made for the <br /> lands and other property and property rights to be taken or damaged <br /> by the opening up and establishing of said proposed street as a <br /> public highway, as provided herein, be ascertained by a jury, or <br /> by the court in case a jury be waived. <br /> Sec. 4: An assessment district is hereby established as fol- <br /> lows: Said district shall include all of the property between the <br /> termini of said proposed street upon, adjacent, and proximate to <br /> said street to a distance back from the marginal lines thereof three <br /> hundred twenty feet on each side thereof. All the property in said <br /> assessment district and none other shall: be considered and held to <br /> be the property specially benefited by said improvement. The cost and <br /> expense of said improvement, including the cost of all proceedings <br /> to be had herein, shall be paid wholly by special assessment upon <br /> the property in said assessment district, provided that no property <br /> shall be assessed a greater amount than it will be actually benefit- <br /> ed, and provided further that if an assessment on said property in <br /> said district to the full amotint it is benefited will not defray all <br /> of the costs and expenses of said improvement, the balance shall <br /> be paid from the general fund of the city of Everett. <br /> Section 5: That for the purpose of said special assess- <br /> ment a supplemental petition shall be filed in said court, and all <br /> other actions and proceedings necessary for the making, completion <br />