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V . i14ARV HAGLUND, City l ineer � L'VC'CE' <br /> •.vr,ora• �� � . . . <br /> WALTEIZ C. SELL�Ii,S, Assistant City Attorney <br /> o"T` June 22, 1971 ,,;' <br /> �"B"" Driveway at 3720 Colby Avet�ue CrtY OF [VERETL EVERETT. WASHINGTON <br /> As I understand the facts surrounding this problem, the City widened the street <br /> within tl�e existing right-of-way and did not cliange the grade of the street. <br /> Under this factual situation the adjacent property owner is not entitled to damages <br /> from the City by reason of the fact that the street widening necessitated an <br /> increase in grade on the adjacent driveway. The fact that the property owner <br /> or Uuilder had in the past placed the garage at such a location tivithout considering <br /> street right-of-way and grade is not the fault of the City. These factors should <br /> ]tave Ueen considered in developing the property. I would thitik that Solution <br /> #1 outlined by A4cDonald in his memo is the correct solution. Perhaps you may <br /> Ue willing to perform such work on the City right-of-way necessary for tlie property <br /> owner to correct his proUlem by reengineering his driveway. In no case should the <br /> Cit,y do work on private propert}- sincc t.his is forbidden under tlie 14%ashingLai State <br /> Constitution. <br /> WCS�bj <br /> cc: Doug McDonald <br /> j'� �. � �rdA�'� M IZeT.�M�».�^"��C <br /> UD� � � 2,: �l <br /> � � � <br />