Hansen

This is an action to quiet title against a street assessment levied by the defendant. Judgment for defendant, and plaintiff appeals.

Appellant’s land is situated on Beaver Street in the -City of Santa Rosa. The street improvement to be made was on Beaver Street, from the northerly property line of Howard Street to the southerly property line of Spencer Avenue. On August 21, 1923, respondent passed its resolution ordering the preparation of plans and specifications for the improvement of Beaver Street. Pursuant thereto, specifications and a plan in detail of the work to be done were prepared. The specifications provided that the work to be done was the same as shown on the plan. On September 4, 1923, respondent passed its resolution adopting said plans and specifications, and on September 18, 1923, said respondent passed its resolution of intention. Notices of improvement, incorporating the resolution of intention, were posted, and on October 23, 1923, the respondent passed resolution No. 612, ordering the work described in the resolution, directing the clerk to post notice of said work, directing said clerk to publish a notice inviting sealed proposals or bids, and directing that…

Appellant in his petition for a rehearing complains that in the decision filed in this ease (ante, p. 728 [ 270 Pac. 268 ]) the court failed to consider the rule as announced in the case of Southwest Paving Co. v. Wilson, 57 Cal. App. 251 -255 [ 206 Pac. 776, 778 ], as follows: “That a particular description in the plans and specifications, which is at variance with the general description of the resolution of intention, creates an ambiguity which renders the proceedings void.”

*736 Due consideration was given to this contention, although the point was not elaborated in the opinion filed. The resolution o£ intention, while providing for the improvement of two blocks therein described, also by its terms excepted work already done to official line and grade. It also provided, “That all of the work and improvement was to be done in accordance with the plans and specifications made therefor, which plans are hereby referred to and made a part hereof.”

It is true that the plans and specifications did not follow the exact language of the resolution. Nevertheless, they do set out an estimate of the work to be done thereunder, which estimate is as follows: “Concrete curb and gutter, 550…

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 730 This is an action to quiet title against a street assessment levied by the defendant. Judgment for defendant, and plaintiff appeals. Appellant's land is situated on Beaver Street in the City of Santa Rosa. The street improvement to be made was on Beaver Street, from the northerly property line of Howard Street to the southerly property line of Spencer Avenue. On August 21, 1923, respondent passed its resolution ordering the preparation of plans and specifications for the improvement of Beaver Street. Pursuant thereto, specifications and a plan in detail of the work to be done were prepared. The specifications provided that the work to be done was the same as shown on the plan. On September 4, 1923, respondent passed its resolution adopting said plans and specifications, and on September 18, 1923, said respondent passed its resolution of intention. Notices of improvement, incorporating the resolution of intention, were posted, and on October 23, 1923, the respondent passed resolution No. 612, ordering the work described in the resolution,…