Shultz v. Beers

PEEK, J.

This is an appeal by Thomas B. and Lela Beers, husband and wife, the defendants in intervention from a decree quieting title to the real property in question. in the County of Butte, the plaintiff in intervention.

In 1882 John Bidwell, by quitclaim deed, conveyed to the county a narrow parcel of land along the Sacramento River comprising approximately 11% acres. It is bounded by what is now Sutter Avenue on the east, the Sacramento River on the west, and Chico Creek on the south. The deed contained the following language: “Said land is to be used for the sole use of a road to the Bridge and when it shall cease; to be so used, or shall be used for any other purpose it shall" revert to the party of the first part.” Additional reservations were set forth therein prohibiting the construction of buildings, the sale or gift of intoxicating liquor, the commission of waste and the cutting or clearing of timber or brush except as required for the road. Over the intervening years the Sacramento River gradually changed its course to the west and as a consequence the particular parcel now has been enlarged by such natural accretion until it contains approximately 30 acres of land. Sutter Avenue, which has been used continually for road purposes during this entire period is approximately 60 feet wide and runs along the easterly portion. The total area actually used as a roadbed is approximately 2% acres. In 1900 John Bidwell died, leaving all of his property to his wife, Annie BidweU. In 1908 she conveyed all of the parcel here in question, excepting the 2% acres constituting the actual roadbed, to the State

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of California in perpetuity for the stated object of preserving the natural beauty thereof and specifically reserving to herself a life estate therein. For a number of years thereafter the property was supervised by the Division of Parks and Forestry of the State of California. Mrs. Bidwell died in 1918, and in 1934 the Wells Fargo Union Bank and Trust Company, as executor of her estate conveyed all of the reversionary interest of John and Annie Bidwell in all of said real property to the Title Insurance and Guaranty Company which, in turn, in 1950 conveyed that interest to the State of California. Thereafter the State of California, pursuant to the provisions of chapter 73, Statutes of 1950, First Extraordinary Session, transferred all of its right, title and interest in and to the specific property to the county of Butte.