City of Seattle Records

58 Dec 5th 1890 Petition to the Common Council of the City of Seattle By John Graf for investigation of assessment of certain property owned by him Change of Street Grade 5th & Terrace Report adopted Fred H Peterson Attorney at Law Seattle Wash

Memorandum Office of city Clerk H W Miller, clerk Page 132 Record of the H of D meeting of Jany 16,1891 Petition of John Graf for the city to purchase lots on 5th & Terrace Sts. read & Rfd to the committee on Public lands Parks and arbors

To the Hon Mayor and the Common Council of the City of Seattle Gentlemen; Your petitioner represents; That he is the owner of Lots 5 and 8 in Block 36 of Boren's Addition tha said Lots are at the North-east corner of Fifth and Terrace Streets; that the original grade as established by law at the East Line of Fifth Street and Terrace Street was about 121 feet above datum; that petitioner built houses with reference to grade as first extabliahed; that petitioner nowhere gives notice that unless the work of grading at the intersection of Fifth and Terrace Streets is completed in acordance with the grade first established this petitioner will demand full compensation for the loss and damage he sustains by reason of such change in the grade; that petitioner has heretofore protested against all atttempts to change the grade in said Streets of near said property, and does now hereby enter his protest against the present work of grading done in violation of the Ordinance of the City of Seattle; that petitioner will be put to great expense in moving back said houses and in erecting bulk heads to protect his property, all because of the change of grade as alleged herein; Petitioner therefore demands that the grading of said Streets be done in pursuance of the ordinance which first established said grade at about 121 feet above datum, and further alleges that that all work on grading done in pursuance of subsequent Ordinances is in violation of law and petitioner's right. Therefore, petitioner prays that said work of grading be done in compliance with Ordinance No ___ and other Ordininces which first established said grade at about 121 feet above datum. Respectfully John Graf

Office of the Corporation Counsel. Seattle Washington, Nov 21st 1890 H W Miller, esq., City Clerk Dear Sir:- The accompanying petition of John Graf was referred to me by the Board of Aldermen, as I understant it, for an opinion as to whether the City is respeonsible under the facts stated in the petition. In answer I have this to say: First. The City has the power to grade and re-grade its streets. Second. If any person has built or put other valuable improvements on the old grade before its is changed by ordinance the City is responsible to him for all the damages resulting to him from such change of grade, but it is only such damages as result to his building or improvements on the value of the lot by the change. The old charter, which is still in force in that regard, and under which this change of grade was made, provided for the appointment of a board of arbitrators to ascertain what such damages were if the city and its citizen could not agree as to the amount to be paid. There were damages, however, which were to be determined before the actual grading was made. Third. the City is not responsible in damages for taking

...said Terrace House, which had just been completed at an expense of $3000.00 The petitioner h as suffered loss by reason of said slide to the buildings and improvements onsaid Lots amounting to at least $6000.00, and that the loss by reasonof said slide is the lots is at least $4000.00 making a total loss to said buildings

To the honorable, the Mayor and theCommnCouncilof the City ofSeattle:-- Gentlemen;: The undersigned, John Graf respectfully says; that he is the owner of Lots 5 and eight in Block 36 of Boren's Addition to the City of Seattle, being the North-east corner of 5th and Terrace Streets; that said Lots are all the property he has and from which he has been supporting himself and family and been paying taxes, and that upon said lots were valuable buildings, towit: The Terrace House", one large dwelling house in rear thereof, and six smaller buildingsl that said buildings yeilded a rental of $350. permonth; that the City of Seattle caused said Terrave Street to be graded and for many years had been attempting to grade 5th Street between Jefferson Street and Yesler Ave; that said 5th Street was cut 12 feet below the Eastwick Grade legally established by the city, the undersigned having built four houses on said lots in conformity with said First grade; that said City caused said Terrace Street to be graded much below said Eastwick Grade and by so doing removed the lateral support from said lots and other property; that every since October 28th about the time said Terrace Street was completed, the greater portion of the property of the undersigned has gradually slid down into said 5th Street; and that three of said buildings on the said lots have been wholly wrecked, including "Terrace House" which had just been completed at an expense of $3000.00 That petitioner has suffered loss on said lots amounting to at least $6000.00 and that the loss by reason bo said slide to the lots is at least $4000.00 making a total loss to said buildings