Bigelow v. City of Los Angeles

GRAY, C.—

Plaintiff owns a lot of land in the city of Los Angeles, said lot being about one hundred and fifty-five feet

[504]

north and south and one hundred and five feet east and west, and bounded on the north by the plaza, on the east by Negro Alley, and on the west by an alley ten feet wide, running along the westerly line of Engine House No. 38. In 1887 the defendant city commenced an action against the plaintiff herein, Mrs. Bigelow, to condemn a right of way over and covering the greater portion of this property for the extension of Los Angeles Street north to the plaza. While said action was pending, and before any proceedings had been taken to ascertain the damage to be paid for condemning the said land, the plaintiff city and defendant Mrs. Bigelow entered into a written stipulation disposing of the question of damages as follows:—

“It is hereby stipulated and agreed by and between the city of Los Angeles and the said L. M. Bigelow, respective parties to said action:

“(1) That the purchase price to be paid for the strip of land sought to be condemned and to be taken for public use as a public street of the said city, is the sum of $12,000.

“(2) That the said sum of $12,000 shall be deposited by said city in the court, or any portion of such sum not so deposited shall be secured by good and sufficient bond, executed by...........and...........and that the same shall be paid over, or the said bond be conditioned that the money be paid over to the said L. M. Bigelow, upon the passage of said two several orders or ordinances hereinafter mentioned.

“(3) That immediately upon an order or ordinance being passed by the council of said city, declaring said proposed Los Angeles Street opened as a public street of said city, the said city shall pass an order or ordinance abándoning and vacating Negro Alley as a street or thoroughfare, and disclaim all right, title, or interest, in fee or otherwise, in, over, along, or upon any portion of the strip of land lying to the east of the said proposed easterly line of the said Los Angeles Street.”

This stipulation was dated December 16, 1887, was "filed in the condemnation proceedings, and thereupon a decree of the court was entered declaring Los Angeles Street open. Thereafter, on motion of Mrs. Bigelow, the court stayed further proceedings until the city should be able to secure, according to the terms of the stipulation, “the whole amount of $12,000