990049

389 F Anna St. grade

Refer to Donworth for opinion as be change

Mail to R Clise Box 666 Seattle

Rytio 4-18-93 ByY

48

Pet. of Residents for changes in the grading of Anna St. with Dept of Law Dept resame (dated Apr. 15, 1893) (file #389F)

GEORGE DONWORTH CORPORATION COUNSEL JAMES B. HOWE ASSISTANT CORPORATION COUNSEL CITY OF SEATTLE LAW DEPARTMENT

Seattle Washinton, April 15th, 1893.

Hon. Board of Alderman, Seattle. Gentleman, I have received from you a petition of L. B. Andrews, and others, for a change of the plan of the improvement of Anna Street, and also the protest of M. H. Young to the same with a request for an opinion as to the power of the City Council on the premises. In answer I will say that the petition in this case called for an improvement with parking strips between the sidewalk and roadway. The accompanying petition asking for a change of the of one block so as to put the parking strip between the sidewalk and the property line. This would be a material change in the plan and I think might jeopardize the assessments unless consented to unanimously by the owners of all the property in the assessment district. The accompanying petition purports to be signed on behalf of the owners of all the property in the district but several of the lots are owned by the es[?] whom no one has a right to sign a waiver. I do not think therefore that it would be safe or right towards the purchaser of the bonds to change the plan in the respect asked for. The parties do not seem to ask for a change of the grade. I see no objection to a change of the grade on any street being improved provided such change is slight and does not increase the cost of work. The original petition which if the foundation of the City's right to grade and assess does not name the grade elevations to which the street is to be graded therefore there is no requirement on the part of the City to adhere strictly to any particular elevation provided its

2 B. of A. Con.

changes do not increase the cost and are not a substantial character. The location of the parking strips, however, is fixed in the original petition and in my opinion cannot be departed from expect by unanimous consent of all owners and the owners must be persons who can give their consistent.

Yours restpectfully, George Donworth Corporation Counsel.

GEO J. STONEMAN City Clerk F. D. OGDEN Deputy Clerk

Office of City Clerk

Seattle, Wash. April 12th, 1893.

George Donworth, Esq., Corporation Counsel, City of Seattle, Washington. Dear Sir:I have been instructed by the Committee on Streets and Alleys of the Board of Aldermen, to refer to you the petition of L. B. Andrews and others, for change of grade onAnna Street, together with protest of M. H. Young against the same, for your opinion. RESPECTFULLY, George J. Stoneman