Washington Boulevard Beach Co. v. City of Los Angeles

STURTEVANT, J. The plaintiff has appealed from a judgment in favor of the defendant in an action to quiet title and has brought up a typewritten transcript.

Heretofore plaintiff’s predecessors in interest were the owners of lands in Los Angeles County bordering on the Pacific Ocean. On September 26, 1902, Union Trust and Realty Company, a corporation, then being the owner, caused a part of those lands to be subdivided and mapped and later filed said map in the office of the county recorder of Los Angeles, in book No. 2 of maps, at pages 59 and 60. Commencing on the westerly side the tract was divided into blocks numbered 1 to 17. Blocks 1 to 7, inclusive formed a row extending from north to south. The westerly property line of that row paralleled the line of the beach and was located approximately 200 feet east from the high tide line of the Pacific Ocean. The map had marked thereon the numbers and sizes of the lots and blocks and the names of the streets. In the space between the western property line of the blocks on the western side of the tract and between that line and the high tide line were marked the words “The Strand”. On said map was endorsed: “Dedication. Union Trust and Realty Company, a corporation, hereby certifies that it is the proprietor of the property subdivided as shown on this map, and further that it caused said subdivision and map to be made, and dedicated for public use the streets, avenues, ‘The Strand’ and alleys as shown on this map. Union Trust Company, by etc.” That endorsement was dated September 22, 1902. On the same date there was endorsed by the use of a red rubber stamp an acceptance of the offer of dedication. The record before us is so blurred that the exact language of the last-named endorsement cannot be read. However, these words are plain: “That all streets shown upon said map (surveyed September, 1902) and therein offered for dedication be and the same are hereby accepted as public streets. ’ ’ The acceptance did not contain a specific reference to “The Strand”. Short Line Beach Subdivision No. 1 became a part of the city of Ocean Park and the name of the latter was changed to Venice; Later Venice was consolidated with the city of Los Angeles. In its complaint the plaintiff described by metes and bounds “The Strand” and claimed title thereto. In that connection it conceded that it made a dedication but claimed said dedication did not include “The Strand”. Therefore, [137]the sole question presented on this appeal is to determine the scope of the dedication heretofore made by the plaintiff’s predecessors in interest.