Stump v. Cornell Construction Co.

GIBSON, C. J.

Plaintiffs have appealed from a judgment in favor of defendant city of Los Angeles determining that their title to a certain lot is subject to an easement for public alley and utility purposes.

The lot in question is part of a tract subdivided by the defendant Cornell Construction Company. In April, 1941, the company filed with the city a tentative subdivision map which contained no reference to the alley. The proposed subdivision was approved by the city planning commission subject to certain conditions requiring, among other things, that “a future alley 20 feet in width be shown. ...” On May 22 the city council tentatively approved the proposed subdivision subject to the conditions prescribed by the planning commission. In June, 1941, the company submitted to the city council a final map of the tract which showed two parallel lines extending the full length of the tract across the rear portion of all the lots, together with labels reading: “Easterly line of 10 ft. easement to City of Los Angeles for future alley and public utility purposes.” The other 10 feet for the alley apparently was to be taken from an adjoining tract.

Printed at the top of the map is a statement to the effect that the owners of the land consent to the making and recording of the map and subdivision, that they dedicate an avenue, street and boulevard to public use, and that they “hereby dedicate to public use for street and alley purposes, those certain strips of land designated as 'Future Street’ and 'Future Alley,’ shown on said map within said subdivision, reserving to ourselves for use of ourselves and successive owners of the respective lots shown on said map fronting on said strips, any and all ordinary uses of said land except the erection or construction of buildings thereon until such time as the legislative body shall accept the same for a public street and public alley. ...” The quoted language was taken, with minor changes, from the form provided in the subdivision ordinance.

The final tract map was approved by the city council and recorded on August 14, 1941. The city clerk certified on the

[450]

lower portion of the map as follows: “I hereby certify that the city council of the City of Los Angeles approved the attached map and accepted on behalf of the public all the streets, roads, alleys, highways and easements shown on said map and therein offered for dedication except those strips marked ‘future street’ and ‘future alley’. ...” On August 22, 1944, the city council adopted a resolution accepting the twenty foot strip as a public alley.