City of Seattle Records

Board of Public Works Office of City Engineer Jesse Cochrane]], chairman W V Rinehart G H Heilbron J F Pratt, secretary Seattle Washington Dec 5th 1890 A S Miller Member of St Committee Dear Sir, In regard to the petition of Mr Graf I would say that the floor of the Terrace House on the N E Cor for Terrace & Fifth Sts is 35/100 ft above the Eastwick Grade which is 121 ft above datum. The grade at the East side of Fifth on Terrace St as shown by the records in this office 116 ft above dtum - This grade was established before the Terrace House was built. Making the House 5&35/100 ft above the present grade. Respy Albro Gardner City Eng.

...That petitioner has suffered loss by reason of said slide to the buildings and iprovements onsaid Lots amounting to at

least $6000.00, and that the loss by reasonof said slide to the lots is at least $4000.00, making a total loss to said buildings

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away the support to the lot of block around which any grading cut may be made. If the cut is fifty feet away and is wholly inside of the street, the city would not be responsible if the embankment should tumble down by the loss aand removal of its props. If the buildings were put upon a lot or block before any grade was established, or after it was established, thought the City would not be resonsi-ble damages. It does not appear from the petition whether the houses on petitioner's premises were built before or after the alleged change of the Eastwick Grade. If they were built after the change the city would in no respect become liable to the petitioner for the sliding of the banks. I infer from the statements of the petition that the buildings have been put up on his property since the alleged change of the Eastwick Grade. If that supposition of mine is well founded petitioner has no cause for damages. In my judgement of the buildings were put up before the change of grade the damages not being direct result of such a change but merely consequential, of the work was executed in a reasonable skilful manner, I do not think there is any claim for damages against the City. In my judgement the City ought to do nothing about this matter without a further and more careful investigation of the facts than those presented in this petition Respectfully, Corporation Counsel.

...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