Lebolt

BACKGROUND

I. The Property1

The property at issue has a long history. An 1868 act authorized the survey and disposal of “certain salt marsh and tidelands belonging to the State, located in the City and County of San Francisco.” (Southern Pacific Co. v. City and County of San Francisco (1964) 62 Cal.2d 50, 51–52 [citing Stats. 1867–1868, ch. 543, p. 716 (Act of 1868)].) The Act of 1868 granted 60 acres of tidelands to two railroad companies to use for their terminals. It also authorized the State to grant the railroad companies the right-of-way on a 200-foot wide strip of tidelands leading to the terminal site. The right-of-way

1 While this case was being briefed, respondents filed a request for judicial notice of several documents, and we deferred a ruling until the merits of the appeal. We now partially grant respondents’ request and take judicial notice of Lebolt I, supra, A145670 (document 1), the judgment in Successor Agency, et al. v. All Persons, San Francisco Superior Court case No. CGC-14- 541901 (document 7), and the trial court records in Lebolt I, San Francisco Superior Court case No. CGC-14-541532 (documents 21–24, 26–27, 29–30). (Evid. Code, § 452, subd. (d)…