Adams Antioch Warehouse v. City of Antioch CA1/5

BACKGROUND

In 1947, a certain tract of land in Antioch was subdivided into lots and streets and represented on a map filed with the Contra Costa County Recorder. The 1947 map depicted a street named Cesa Lane. In 1962, in Resolution No. 1993-A (1962 Resolution), City abandoned Cesa Lane as a public street. The 1962 Resolution found Cesa Lane had “never been used as

1 a public street or for any other public purpose, and that said CESA LANE is unnecessary for present or prospective public street purposes.” The 1962 Resolution excepted from the abandonment “the easement and right at any time or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, and other convenient equipment and fixtures for the operation of natural gas lines and for incidental purposes including access to protect property from all hazards in, upon and over the portion of CESA LANE hereinbefore abandoned” (Easement). The 1962 Resolution stated the exception was “pursuant to” (former) section 8330 of the Streets and Highways Code.1 Appellant Adams owns property abutting Cesa Lane, having acquired title to Lot A on the 1947 subdivision map in 1963.2 The Adams property…