Richards v. County of Colusa

WARNS, J. pro tem.

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Plaintiff brought this action to quiet title to a strip of land approximately 38 feet in width located immediately to the west of the center line of “B” Street and extending from Main Street northerly to the Sacramento River, and between Blocks 2 and 3 of Goad’s Extension to the City of Colusa.

Defendant Sacramento River West Side Levee District answered the complaint denying plaintiff's allegations of ownership of the land described in the complaint and as a separate and affirmative defense alleged ownership in fee simple of a portion of the said lands.

Defendant county of Colusa answered the complaint, denying plaintiff’s allegations of ownership of the land described in the complaint, and as a separate and affirmative defense alleged the said property is subject to an easement for road purposes; and also cross-complained, seeking to quiet title in fee to a major portion of the strip of land claimed by plaintiff.

Judgment was entered in favor of the defendants and plaintiff appeals.

The record shows that on May 10, 1870, there was filed in the office of the County Recorder of the County of Colusa a certain map entitled “Plat of Goad’s Extension.” This map has reference to an area which attached to the easterly boundary of the city of Colusa and subdivided an area three blocks in an easterly direction and ten blocks in a northerly-southerly direction. The area extends from the Sacramento River, on the north, southerly to a line which would be an easterly extension of the northerly boundary of Carson Street in the city of Colusa. This map does not have a scale or measurement. The size of the blocks, width of streets, surveyor’s markings as to course and distances, and points from which measurement could be taken are not indicated on the map in any way. The map provides for streets and alleys and,

[805]

while there are no dimensions shown on the map, all transactions concerning this subdivision since 1870 have presupposed the lots, blocks and streets to conform to the size of the corresponding lots, blocks and streets in the city of Colusa. However there were no surveyor’s markings to indicate the boundary lines upon the land itself.

The record further shows that for a time prior to 1901 there existed a bridge across the Sacramento River with a southerly approach in the approximate location of “B” Street. This site for a river crossing was changed and the bridge and approach moved upstream in 1901. There is nothing in the record to show the exact location of the old bridge approach, nor is there any evidence of the acquisition by the county of Colusa of property, other than that designated as “B” Street, for the use as an approach to the old bridge.