Roberts v. City of Palos Verdes Estates

DORAN, J.

The record reveals that the respondent city of Palos Verdes Estates acquired certain lands which were originally granted exclusively for park purposes. The original grantees deeded the property to the city subject to the conditions of the original deed with a few added conditions. There is no dispute as to the facts; the litigation relates to the construction and interpretation to be placed upon the provisions of the deed which recites “that except as provided above, no buildings, structures or concessions shall be erected, maintained or permitted upon the said realty, except such as, (in the opinion of the Park Department of Palos Verdes Homes Association), are properly incidental to the convenient and/or proper use of said realty for park purposes. ’ ’

The action is for injunctive relief and alleges in substance that the city has commenced the erection of certain buildings on the property to be used for purposes in violation of the above quoted provisions in that said project is a housing yard for city-owned trucks and vehicles used by the city for various purposes.

Respondents admit the allegation to the extent that such project is to be used only for “the storage of equipment used in the improvement and maintenance of the park lands even though some of the equipment is incidentally used in the maintenance of other city property.” It is contended by respondents that use for such purpose is not in violation of the deed restrictions.

[547]

The judgment provides as follows:

“Now Therefore, It Is Ordered, Adjudged and Decreed:

“That the defendant City of Palos Verdes Estates does have the right to construct on the property of the defendant city constituting a part of the defendant city’s park property, which is now being used as a golf course, two buildings, each covering an area of 1600 square feet, for the purpose of housing and storing any and all vehicles and equipment used by the defendant city exclusively in connection with the care, maintenance and upkeep of the defendant city’s parks and park property. That the defendant City of Palos Verdes Estates does not have the right to construct such buildings for the purpose of, or to use such buildings when so constructed, for the purpose of storing any vehicles or equipment that are not used exclusively for the care, maintenance and upkeep of the defendant city’s park property. That any vehicles or equipment of the defendant city which are used by the defendant city or maintained by the defendant city for use on any properties or projects other than the defendant city’s parks and park properties may not be stored, maintained, or kept in such buildings. ’ ’