Brook v. Horton

Belcher, C. C. — In 1855 an ordinance was passed by the common council of the city of San Francisco, which made it the duty of the city surveyor, acting in conjunction with three commissioners, to be appointed for the purpose, “ to furnish by way of recommendation to the common council, within one month from the date of their appointment, a plan for the location and dimensions of the streets to be laid out within the city limits, west of Larkin and southwest of Johnston streets.”

Commissioners were appointed, and they and the surveyor agreed upon and reported a plan or map as required. This plan or map was approved and adopted by the board of supervisors of the city and county in October, 1856, and “ declared to be the plan of the city in respect to the location and establishment of streets and avenues, and the reservation of squares and lots for public purposes,” in that part of the city named in the ordinance.

Subsequently the order and ordinances, under which the commissioners were appointed, and the plan or map was prepared, reported, and approved, were ratified and confirmed by the legislature. (Stats. 1858, p. 52.)

Upon the plan or map so made — which has since been known as the Van Ness Ordinance Map— was a street running north and south, called Channel Street, and having a width of two hundred feet. East of Channel Street, and running parallel with it at a distance of 132 feet, was a street called Alabama Street, and having a width of 80 feet.

[556]On the west side of Channel Street were three streets, since known as Seventeenth, Eighteenth, and Nineteenth streets, which met it at right angles and terminated at its western margin.

On the east side of Channel Street were four streets, called Santa Clara, Mariposa, Solano, and Butte streets, which met it at right angles and terminated at its eastern margin.

In April, 1862, an act was passed by the legislature, entitled “An act to establish the lines and grades of streets in the city and county of San Francisco.” (Stats. 1862, p. 407.) And in April, 1864, another act was passed having the same title, and amendatory of the former act. (Stats. 1863-64, p. 460.)

By both acts, the city and county of San Francisco was authorized to establish the lines and grades of the streets within the limits of the city, as established in 1851, and for that purpose a board of city engineers was created, who were to proceed, as soon as practicable, to survey all the streets and fix the lines thereof within the limits named, and to make a map or maps, showing thereon the width of every street, and to fix monuments for the preservation of the street lines so established.