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Seattle, Wash., OCt. 19th, 1892. Hon. City Council, City. Gentlemen,
I have examined the annexed petition of Henry Fuhrman, and others, for the extension of Lake Avennue as ordered by ordinance No. 1513.
In my opinion the right of the City to proceed with the location of this street is extremely doubtful. The supreme Court of the State have decided that under the existing charters of the cities of Tacoma and Seatle, these cities have no right of condemnation. The Court have also decided in another case that where proceedings for assessments upon property are unfinished at the time of the charge in the charter, they must be completed under the provisions of the new charter. No mears are provided by out present charter for perfecting proceedings for the laying out of this street and I have grave doubt as to the right of the City to make or enforce any assessment for its establishment. If the City should proceed to establish the street, there is a grave danger that the proceedings will be stopped by injunction, or if not stopped, that the City will be obliged to pay the value of the property taken and have no remedy over against the property benefitted.
Under the present charter and state laws, the only way to obtain a good title to private property proposed to be embraced in streets is by dedication of the owner or by private contract with the owner for the purchase of the land.
In my opinion thereofre, it would not be safe to take any further
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2. C. C. Con.
steps for the extension of this street unless an agreement can be made with the owners of the property over which the street is to be extended by which they will convey the same to the city for street purposes.
Yours respectfully George Donworth Corporation Counsel
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To the Honorable Mayor and Common Council of the city of Seattle.
Gentlemen:-- Your petitioners respectfully represent to your Honorable Pody that on or about the 7th day of October 1890, the Common Council of the said city of Seattle, passed an Ordinance NO. 1513 and entitled, "An Ordinance to provide for the laying off, extending and establishing of Lake Avenue as a public highway in the city of Seattle, from the north end of Lake Avenue on the north marginal line of Bloomfield street north westerly to a point directly south of the south end of Yellow street and for the condemnation of real estate for such laying off, extending and establishing of said street, and for the levy and collection of assessments upon all property benefitted by the same sufficient to make compensation therefor, or damage thereby," that thereafter the Board of Aldermen and House of Delegates of the said city of Seattle, appointed G. C. Green an appraiser on behalf of the property owners benefitted by said extension of said Lake Avenue and T. E. Jones, an appraiser of this property owners damaged by said extension of said Lake Avenue and A. E. Edwards, an appraiser on behalf of the city for the damage caused by said extension of said Lake Avenue. That said T. E. Jones duly qualified as said apprasier on the 27th day of December 1890, and said C. G. Green on the 16th day of January 1891, and the said A. E. Edwards on the 20th day of January 1891. That said appraisers have never to the knowledge of your petitioners viewed said proposed extension of Lake Avenue, nor p
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