The herald., 1893-11-05

Through the efforts OF opposing parties
he was soon ordered to discontinue them,
but the rapid construction OF buildings
and fences in this neighborhood contin-
ued to draw attention to the matter, and
in May, 1884. the CITY attorney was again
called on for an opinion, in view OF the
arguments that were presented by the
opposition. The record shows that he
reported as follows: I'm the matter of
the alleged distractions in Figueroa
street, I report that in 1883 the question
as to whether there were any obstruc-
tions upon said street north of Pico
street was submitted to the city attor-
ney. thereupon reported the existence
OF such obstructions upon said street.
Subsequently the council, as commit
tee OF the whole, Investigated the matter
and determined that there were no OBJ
etructions, and resolved not to open said
street. Ireport that ] have as yet found
no reason to alter or amend my opinion
already filed, that Figueroa street north
OF Pico street is now obstructed and
closed" This report was adopted. but
nc subsequent action wac taken, and an
other portion of the etreet was fenced in
without serious opposition.
The question still remains whether
this fine street is to remain perma-
nently closed. The time for which it
has been occupied by private parties
does not bar the city's rights, as it is
we'll established that the statute of limi-
tations does not run in the case OF
streets dedicated to public use. The
damage which individuals would suffer
by being ousted from the portions of the
street which their lands and lots extend
over is consideration not to be treated
lightly; yet, at the same time, they are
not entitled to be considered innocent
purchasers for value. There is not an
abstract company in the city that would
certify the title to Figueroa street as
shown ON the Hancock map in anyone
other than the city. The supreme
court OF the state in 1852, iu Breed vs.
Cunningham, CAL, 369, laid down the
law which governs this street, as fol-
lows $50 firmly has it become estab-
lished, that where lots are gold as 'front.'
ing on or bounded by a c3rtain space
designated in the conveyance ss astreet,
the use of such space as a street passes
az appurtenant to the grant and veste in
the grantee in common with the public
the right OF way over such street that
such acts on the part OF the grantor
constitute a dedication of such street.
and that he cannot afterwards go sell or
dispose OF it as to alter or defeat such
dedication" This has been settled law
in this state since 1852 Blocks 36 and
81, Hancock 8 survey, were conveyed by
the city to William Moore by deed beai-
ing date December ~, 1858, and refer
red to Hancock's map, so that Moore
and his grantees had notice that n dedi-
cation was made by the city's deed OF
those spaces designated as streets on
Hancock's map. Figueroa street
bounded those blocks on the east.
On the other hand, the value of the
street to the future residents and visit
ors here for centuries to come, is equally
to be remembered. Figueroa street,
extending between semi-tropical villas
from Agricultural park to the front OF
the hills and over these, commanding
magnificent views of city, plain, noun
tain and sea, shaded and ornamented as
il doubtless would be to the northern
boundary of the city. would become one
OF the most beautiful and famous boule
wards in the world.