990140

To the Hon Board of Alderman of the City of Seattle As one of the petitioners for the vacation of the alley in Block 27 Boren's Addition to Seattle I respectfully submit the following The statutes of the state provide that on the vacation of a street or alley the title to such vacated alley shall best in the lot owners are either side being [Nrles] code [seg] 751 The Supreme Court of the State has said in Commenting on this statute "The Streets and Alleys are held in trust by the City for the public and the lot owners, that is to say that the public may use the streets and alleys and upon [discrimorice] the [cuta] [cestr] in the lot owners on either side in equal shares" Wash report vol 1 p 207

The power to vacate is in the city Council, once in the exercise of such power. The Council should consider the private as well as the public good Ordinarily the alleys of the City on for the percived use and benefit of the Blocks wherein the same are located, and an of little use to the general public. Generally they are depositories for filth and refuse, and are cleaned at the expense of the city. It has long been the custom in this city to vacate the alleys in a block on the petition of all the lot owners, this has been done in many instances, and such action is a responsible one. The alleys in the Blocks on the south and west of the block in question never been to vacation

After many trials and failures, a theatre is being constructed on Lots 5-8 B 27, in consideration of the public benefit the lot owners in this block in order to aid this projed considered that they would consent to the vacation of the alley to the end that the best possible building might be constructed on such lots. The design being to have an exit to the alley as also a dressing room on the East of the stage. Richly adding to the comfort and safety to the theatre, inefer that the plans to show the condition of the matter. The several owners have said that they make the alley vacated, hence they consider it for their benefit that it be done The public an in no wise damaged, but rather enabelled, the City

be relieved of the expense of maintaining the alley and a much needed public buiding will be secured with the additional conveniences, comforts same exit. The petitioners have asked only the favor that has imformaly been granted their neighbor will fellow citizens, in addition to the Blocks next most are Seattle of [Rein], I instance, the Occidental Block of Collins, the Service School Block, the Yesler Residence Block, the McN aught residence block, the eastern of brechry such alleys are request of all the owners there cern inform and is a most memorable on said as one of the petitioners I submit that our petition remain should be granted Robt I R Seeirs

J R Serirs pet Board Alderman to reconsider petn. to vacate alley in Leo Borans Ad. B28