The morning call., 1894-01-14

building, which, until it was burned down
a few years ago. was used for a Chinese
laundry. A few weeks since a building
was contem plated by It's present owner on
the lot, and on measuring il he found that
he had only IS feet 3 inches instead of 20
feat on Washington street.
An examination was made of the official
map of the city in the Office Of the City and
County Surveyor, and by thatiS was found
that for $40 feet back from Washington
street. toward Jackson, Trenton street was
seven and half feet narrower than the
jackson street end j. E., three feet nine
inches on each side of the street for half
way down to Jackson street, and that in
the center the street wdened out this
much. Although the street was marked
such on the official map it was never so
constructed. Its boundary lines run
parallel the entire length of the street.
taking off the three feet nine inches on
both sides of the street from the 40 feet
back up TO Washington street.
When this discovery was made the
guardian of /. o. Heydenfeldt thought he
had found where the feet inches from
off the side of the lot had gone. Notwith-
standing the street had been paved by the
city and the cost paid by the property
owners along the stTeet, he determined to
get the strip of land back. Without con-
sulting the Street Department or any other
city official, on Thursday morning be put a
gang VI HlCu ct hOlh W ISdt up Tic pdNlDR
and sidewalk ana set his fence feet 8
inches out in the street. In a few hours
the whole thing was over the curbing was
removed and thrown out in pile into the
street. rendering it dangerous for trans
portation after dark. New postholes were
dug where for years the curbing rested
and fence built, alongside of which was
constructed S-foot 5-inch sidewalk. All
this had been done twenty-four hours be-
fore any word reached the Street Supern-
tendenIs office, but when il did no time
was lost in looking up the matter and the
law referring thereto. In the Street Su-
perlntendentS office the matter is con-
strued as a defiant steal, and had the
w0rkmen been caught they would have
been arrested.
The property on Trenton street is owned
principally by Chinese who are considered
we'll TO do. and most Of the houses are oc-
cupled as homes. On the corner opposite
the Heyden feldt lot, facing on Washington
street. is the NJ. E. Church Chinese Mis-
sion, extending back on Trenton 1877 feet
6 inches, and which, according to the Hey
denfeldt figuring from the official map, is
entitled TO feet inches on Trenton. To
the rear OF the Heydenfeldt lot is % feet
& inch lot owned by Joe CuneO, and ad-
joining him is 40-foot lot owned by Zee
SuS Heria. These also. it is claimed by
the Heydenfeldts. are entitled to feet 9
inches of the street.
Prior to June, 1892. Trenton street was
not paved. On November ), 1891, a con-
tract was drawn up letting the work of
paving the street to Williams, Belser e.
Co. On February 6, 49, the contract was
fled in the Office of the Street Supern-
tendent This contract called for paving
the street from Jackson street to Wash
ingtoD, as the street boundaries then
were, with the exception of the % feet 6
inches owned by Joe Cune0 and the same
sized lot owned by William Fay, near the
Jackson-street end. In front of these two
lots the paving was done year later by
the owners, and at the time the contract
was made they were the only property
owners on the street who did not sign the
petition to have the street paved. On
June 10, 1892, the work was completed by
the contractors and turned over to the
city. after the following certificate had
been signed by the County Surveyor:
SAN Francisco. June IT, 1892.
certify that 1 have examined the work of
stone curbs and paving on Trenton street,
from Washington to Jackson. and fad curbs 10
official lines and grade, confirming TO improve
inents of the block. Average crown OF paving,
official grade. See diagram on back OF this
certificate for exception TO the work. 1888.
Williams. Belser & Co., contractors.
&. s. TILToN, City and County Surveyor.
The exceptions spoken of on the back
Of the certificates are the two lots In front
of hich no curbing was laid until year
later.
Let the official map show what it may.
a 3-foot 9-ipch jog on each side of the
street, 40 feet from either end. the courts
have held time and time again that when
curbiug is put down without the dissen-
sion of the property-owners 1t establishes
the official lines of the street, and, no mat
ter what may come up later on, DO right
or title to any portion Of the street so
curbed can pass into the possession Of any
person or persons. As this curblng was
laid under contract, petitloned for by
Heydenfeldt and the balance OF the prop
erty-owners on the street aid paiG for by
them, no piece of street just confscated
can pass to ]. O. Heydenfeldt.
Tomorrow morning the Street Superln-
tepdent will go TO the scene with force
of men, tear up the fence. move It back
TO its former place, move the sidewalk