Does this mean a portion of the land has already been condemned or could be condemned for public use? I can't find that particular superior court record - the ordinance was passed in 1925. The blurb:
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 185720 FOR LAKESIDE AVENUE SOUTH, AS PROVIDED BY ORDINANCE NO. 48245 OF THE CITY OF SEATTLE;
Real Estate Attorney
That means the county trimmed a bit off the original parcel, ask for a map showing the the road in relation to your property.
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Land Use / Zoning Attorney
It probably means that a strip of land along the street was taken out of the original lot or parcel to be made part of that street.
If you have a survey of the lot or parcel, it will show the boundaries not including that part. You may be able to find a graphic of the original plat on-line.
Land Use / Zoning Attorney
Does this mean a portion of the land has already been condemned or could be condemned for public use?
This probably means that some portion of the original lot (prior to the condemnation) was condemned, possibly in or shortly after 1925. That means that the City of Seattle decided to improve the Avenue and acquired by condemnation what we call a "strip take" along the frontage of the property on the Avenue. The acquired portion might have been used to widen a lane, add additional lanes, add road drainage facilities, add curb and gutter, add a sidewalk, or some combination of thes improvements. If you had a survey done at the time of your closing, your survey may show the area you own and any encumbrances.
So, you may own the lot subject to a condemned easement or you may own the lot without the land condemned because the land was condemned in fee simple. When land is condemned in fee, the condemnor takes the entire interest in a portion of property. The landowner no longer owns the portion taken. When land is condemned in easement, the condemnor takes a partial interest in some of the property. The landowner still owns the land, but loses the right to use that portion in any way inconsistent with the way the condemnor needs to use it. For example, often, the condemnor will allow a landowner to grow grass within the easement, but will not allow the landowner to put any obstacle or fixed structure within the easement.
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