Oak Hill Water Co. v. Gillette

SHAW, J.

Action to quiet title to two certain lots fronting on Glenarm street in the city of Pasadena, described as lots 24 and 25, Mills tract.

Defendants admit plaintiff’s title to the property, but claim and assert a lien thereon by virtue of an assessment for the cost of certain street improvement work done under the street improvement act, which lien they ask, by cross-complaint, to have foreclosed. The court made its findings upon which a decree of foreclosure was rendered in accordance with the prayer of defendant’s cross-complaint. Plaintiff appeals from the order denying its motion for a new trial.

The city council of Pasadena by resolution in due form declared its intention to improve Glenarm street from the east line of Pair Oaks avenue to the original east boundary line of the city, the width of which street is not disclosed by the record. It is admitted that on the face thereof all the proceedings were duly had and taken. Nevertheless, appellant claims that the resolution of intention and all the proceedings had thereunder were wholly void, for the reason that in said resolution of intention and proceedings had thereunder the city council included therein the private property of plaintiff. This claim is based upon the fact that said lots 24 and 25, which front upon the north side of the street, extended across the north line thereof as the same was located on either side of said lots, and that they projected into the street a distance of ten feet, and the sidewalk, the construction of which was included among other improvements ordered, was by the contractors constructed over this ten-foot strip so projecting into the street.

Appellant lays much stress upon a finding made by the court to the effect that the city of Pasadena unlawfully and without right claimed said ten-foot strip as part of the street, and it contends that by reason of such claim on the part of the city it necessarily follows that it was the intention of the city council to improve the strip by constructing the sidewalk thereon. “The whole fault,” says appellant, “lies in the fact that in the

resolution of intention

and the

ordinance ordering

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