Arques v. City of Sausalito

DOOLING, J.

Appellant is the owner of Lot 200 as laid out by the Tide Land Commission of the State of California in 1872, as shown on a map prepared by said commission and recorded in Marin County in Book 2 of Maps, page 32. The southerly line of said Lot 200 is the northerly line of Johnson Street as laid out by said Tide Land Commission. Lot 200 and Johnson Street as so laid out are a part of the submerged tidelands located in Richardson Bay and are within the city limits of respondent, city of Sausalito. The tidelands covered by said map were laid out in lots and streets by said Tide Land Commission and the lots sold by the State of California pursuant to the authorization of Statutes of 1867-68, page 716, as amended by Statutes of 1869-70, page 541. Section 4 of Statutes 1867-68 (pp. 717-718) authorized the Tide Land Commissioners to prepare maps of said lands “reserving so much thereof for streets ... as in their judgment may be required. ...”

For many years there has been a wharf or pier located on a part of Johnson Street which gives access to Lot 200. Appellant’s father and predecessor in title in 1923 attached

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to the wharf a water line which supplies a fire hydrant located on said wharf. The respondent city has paid the water bill and serviced this hydrant for at least 28 years.

The fire chief of Sausalito reported to the city council that by reason of the storage on the wharf of certain beams and a steam hammer by appellant access to the fire hydrant was obstructed; and the city council, after appellant had refused their demand that he remove them, removed these objects from the wharf.

Appellant commenced one action to quiet title to the area occupied by the wharf and to enjoin the city from interfering with his occupancy and use thereof, and a second action for damages to the steam hammer and its loss of use. The State of California intervened in the first action asserting its title to Johnson Street and alleging that the city had an easement therein for a public street. The trial court held that the state has title to Johnson Street in fee simple, that the city has an easement thereover for street purposes; that appellant has no title or interest therein except an easement for access to Lot 200 and enjoined appellant from storing any property on or obstructing access to the wharf. In the second action appellant was denied any damages.