Ordinance 2764-04 - Laserfiche WebLink

of a right-of-way owned by the City of Everett and open for use by the general public, and therefore the use of the land, property and/or property rights condemned, taken and/or appropriated by this ordinance for the construction of such Project constitutes a public use. Section 2. Public Necessity. The taking or damaging of the land, property and/or property rights, situated in the City of Everett, and legally described in Exhibit A to this ordinance and incorporated here by this reference (the "Property"), are necessary for development, construction, operation and maintenance of the Project. Alternative alignments have been reviewed, considered and rejected. The alignment selected best meets the requirements of the City's Comprehensive Plan and six-year Transportation Improvement Plan. The Property selected, are those abutting the existing roadway. They are necessary for development, construction, operation and maintenance of the Project. Section 3. Condemned Property. The City unsuccessfully attempted to negotiate and close the purchase of the Property (legally described in Exhibit A) from the owners thereof. In view of the impasse reached with the property owners, the City Council of the City of Everett, after reviewing the planned construction, hereby declares that the Property (see Exhibit A), shall be and hereby is condemned, appropriated, taken and/or damaged for the public use and purpose of constructing the 112th Street roadway improvements as described in Section 1 above. The condemnation, appropriation, taking and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands, as well as temporary easements to enable construction. The condemnation, appropriation, taking and/or damaging of the Property shall be subject to the making or paying of just compensation to the owners thereof in the manner provided by law. Section 4. Condemnation Legal Action. The City Attorney, or other attorney(s) selected by the City Attorney, is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take and appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner(s), provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the amount of the land, property and property rights herein condemned, taken and/or appropriated in order to minimize damages, provided that said adjustments do not interfere with the use of the Property by the City as provided in this ordinance. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this 3 m29721-487207 doc