200 P. 60 | Cal. Ct. App. | 1921
Plaintiffs, alleging themselves to be property owners within certain territory proposed to be annexed by the municipality of Inglewood, brought this action to secure judgment declaring proceedings theretofore taken on the part of the municipality in the direction of effecting such annexation void, and to secure a decree enjoining said city from holding an election to decide the question of annexation. Demurrer to the complaint was overruled and answer was filed. The cause went to trial, judgment being rendered against the plaintiffs. From that judgment this appeal has been taken.
It is contended that the evidence does not sustain the findings of the court as to the issue made by the pleadings respecting the boundaries of the district proposed to be annexed. It is because of alleged uncertainty in the boundaries described in the resolution of the board of trustees that the plaintiffs make their principal contention against the validity of the proceedings. It is first contended that the lines stated in that description as being lines of sections 22, 27, and 34, township 2 south, R. 14 west, S. B. M., did not constitute such a description as would enable persons interested to determine the boundaries fixed by those lines, because there was no map on file as a public record showing that official surveys had been made of which the court might take judicial notice.[1] Preliminarily it may be stated that if the description contained in the resolution was sufficiently definite to have answered for a private grant or conveyance, it would be sufficient for annexation purpose. (In re Madera Irr. Dist.,
[4] Appellants complain of another alleged fatal inaccuracy in the description used in the annexation proceedings. The particular call in the description as to which question is made reads as follows: "Thence easterly in a straight line along the westerly prolongation of the southerly line of said Lindley Drive, the southerly line of said Lindley Drive and easterly prolongation of the said southerly line of Lindley Drive to the quarter-section line which divides the east and west halves of section 26, township 2 south, range 14 west." The whole difficulty claimed rests upon the fact that at the intersection of a street which crossed Lindley Drive at right angles between the starting point and terminus, the corners of the street so intersecting the southerly line of Lindley Drive were turned in the form of arcs of a circle in order to allow room for a small public park located at the center of that intersection. Appellants' *361 argument is that with the curved corners the line could not be followed as indicated in the description contained in the resolution. We find no difficulty in following that description, for, as counsel for respondents well say, the point of commencement of the last call in the description is plainly indicated; the terminus of the line is indicated as being in the section line at the east of the starting point; the line is stated to be a straight line; hence the curves at the intersecting street corners would be disregarded without creating any ambiguity or uncertainty as to what was intended to be indicated by the call.
The findings of the court appear to fairly determine the facts and to sustain the judgment as entered.
The judgment is affirmed.
Conrey, P. J., and Shaw, J., concurred.