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1 <br /> • <br /> • <br /> ORDINANCE NO. • <br /> • <br /> • <br /> • <br /> AN ORDINANCE of the City of Everett, Washington, providing for the <br /> condemnation, appropriation, taking and/or damaging of certain land, <br /> property and/or property rights for the repair and construction of roadway <br /> improvements along Lowell-Larimer Road; and directing the City Attorney <br /> to prosecute the appropriate action and proceedings in the manner provided <br /> by law for said condemnation. •• <br /> • <br /> WHEREAS, <br /> A. The City Council for the City of Everett, Washington has determined that public <br /> health, safety, and convenience require road repair and improvements to be constructed and <br /> maintained along an approximately one-tenth of one mile section of Lowell-Larimer Road (the <br /> "Project"). <br /> • <br /> B. The Project will repair the shoulder damage caused by a deep-seated landslide <br /> that occurred in 2011, which resulted in the restriction of a portion of Lowell-Larimer Road to <br /> one lane of travel. <br /> • <br /> • <br /> C. The Project will provide for shoring and reconstruction of the slope supporting the <br /> Lowell-Larimer roadway as described in the construction drawings and plans prepared by the <br /> • <br /> City's engineers. <br /> D. Failure to construct such road improvements will cause traffic safety issues, <br /> creating the potential for traffic accidents along the roadway. <br /> NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Public Use. The construction of road repair permanent improvements along Lowell- <br /> Larimer Road are necessary to repair a deep-seated landslide that occurred to the roadway and to <br /> provide for the public health, safety, and welfare by reopening the closed portion of the roadway <br /> and reducing the potential for traffic accidents. The Project will continue to be a part of a right- <br /> of-way owned by the City of Everett and open for use by the general public, and therefore the <br /> .use of the land, property and property rights condemned, taken and appropriated•by this <br /> ordinance for the repair and construction of such Project constitutes a public use. <br /> Section 2. Public Necessity. The taking or damaging of the land, property and property rights, <br /> situated in the City of Everett, and legally described in Exhibit A and in Exhibit B to this <br /> ordinance and incorporated herein by this reference (the"Property"), are necessary for the repair, <br /> development, construction,operation and maintenance of the Project. The Property described in <br /> • 2 <br />