2012/07/03 Council Agenda Packet

1 Exhibit A•is needed permanently, while the Property described in Exhibit B is needed for a temporary construction easement. The Property.is abutting the existing roadway. The Property is necessary for the repair, development, construction, operation and maintenance of the Project. Section 3. Condemned Property. The City Council of the City of Everett, after reviewing the proposed construction, hereby declares that the Property, shall be and hereby is condemned, appropriated, taken and/or damaged for the public use and purpose of repair and construction of the Project. 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 owner thereof in the manner provided by law. • • Section 4. Condemnation Legal Action. The City Attorney, or other attorneys) 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. Source of Funds. Compensation for the Property shall be made from the City General Fund and the City Surface Water Management Fund or such other funds the City may make available for this purpose:. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of • this ordinance is hereby ratified and affirmed. • • • Ray Stephanson • Mayor 2 3