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Section 10: <br /> The Petitioner shall construct a new cul-de-sac at the new southern terminus of Waverly Avenue. <br /> The cul-de-sac shall meet the requirements of the City of Everett Design and Construction <br /> Standards and Specifications as determined by the City's Traffic Engineer. <br /> Section 11: <br /> The Petitioner shall construct, and maintain for public use, a trail for pedestrians and bicycles <br /> between Tower Street and the new southern terminus of Waverly Avenue. The design and route <br /> of the trail shall be approved by the City's Traffic Engineer prior to construction. The Petitioner <br /> shall keep the vacated portion of Waverly Avenue open to pedestrian and bicycle traffic until <br /> such time as the new trail is completed and operational. <br /> Section 12: <br /> The Petitioner shall keep the vacated portion of Waverly Avenue open to Everett Transit bus <br /> traffic until such time as the new North Everett Transit Center is completed and operational or <br /> December 31st, 2009, whichever occurs first. <br /> Section 13: <br /> If any provision of this ordinance shall be declared unconstitutional or invalid by any court of <br /> competent jurisdiction, it shall be conclusively presumed that this ordinance would have been <br /> enacted without the provision so held unconstitutional or invalid and the remainder of this <br /> ordinance shall not be affected as a result of said part being held unconstitutional or invalid. <br /> Section 14: <br /> Upon recording of the property rights to be granted to the City of Everett as compensation and <br /> fulfillment of the conditions set forth in Section 3, this ordinance shall become effective and <br /> shall be recorded within the Snohomish County Auditor's Office. <br /> Section 15: <br /> The City Clerk is authorized to make necessary corrections to this ordinance including, but not <br /> limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, <br /> section/subsection numbers and any references thereto. <br /> Mvvt4 c- <br /> RAY S E1HANSON, MAYOR <br /> ATT ll <br /> CI Y RK <br /> 11/Cbcia. <br /> Passed: 3/28/07 <br /> Valid: 3/29/07 <br /> Published: 4/2/07 <br /> Eriech ve : 4/a4/0-7 <br /> 4 <br />