Burk v. City of Santa Cruz

HENSHAW, J.

Mary N. Burk sued to quiet title to a tract of land situated in the city of Santa Cruz. The defendant, the city of Santa Cruz, asserted that “it was the owner and entitled to a right of way for street and sewer purposes' over those certain public streets” delineated upon the map known as Garfield Park No. 1, filed June 7, 1890, and named Bethany Circle, Walk Circle, and Raymond Circle. Further, defendant “avers the fact to be that the said streets herein-above mentioned have been dedicated as public streets by said defendant and that the same have been accepted by the city of Santa Cruz and have been at all times since said dedication and acceptance used and traveled as public streets by the public in general.” Judgment passed for defendant, and from that judgment and from the order denying her motion for a new trial plaintiff appeals. Plaintiff has since died and her personal representative, Charles L. McFarland, has been substituted as plaintiff. The court found that plaintiff owned the land described in her complaint, but further found that the streets named in defendant’s answer “have been dedicated as public streets by said defendant and that the same have been accepted by the city of Santa Cruz, and that the same have been at all times since said dedication and acceptance used and traveled as public streets by the public in general with the knowledge and consent of plaintiff.”

[809]

The facts disclose that the map of Garfield Park No. 1 delineates and delimits a large tract of land, including the oblong piece owned by plaintiff. The center of the land upon this map is circular in shape and designed apparently as a public park or recreation ground. Immediately surrounding this central plat is a circular street known as Everett. Circle. Distant from the outer boundary of Everett Circle about one hundred and fifty feet, is delimited another street known as Wilkes Circle. At the same distance beyond Wilkes Circle, is, in like manner, delimited Walk Circle. Beyond Walk Circle, in the same way, Bethany Circle, and next to Bethany Circle, Raymond Circle. Radial streets intersect these circular streets and one of them, Garfield Avenue, which cuts plaintiff’s oblong piece of land in two unequal portions, is admittedly a public highway. Upon this map of Garfield Park all the land between the circular and radial streets is subdivided into lots and numbers. Mrs. Burk’s oblong piece of land is cut by Walk Circle, Bethany Circle, and Raymond Circle in such a manner and at such angles as to leave, according to the map of Garfield Park, fragmentary bits and pieces of lots. Indeed, it may be said that it would be strong evidence of mental incompetency for an owner to permit his land to be divided and dismembered as upon that map shown.