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March 16, 1935 <br />Alameda County Title Insurance Co. <br />Fourteenth and Franklin Streets <br />Oakland, California <br />Attention: Mr. Raybourne <br />Dear Sirs: <br />We have been giving further consideration to the San <br />Leandro Public Park Case. The facts as we understand them are that <br />prior to 1927 certain private owners conveyed land to the City of <br />San Leandro with the provision in the deed that is was to be used <br />for the purposes of a public park and that no building should ever <br />be erected thereon save those incidental to park purposes and with <br />further provision for a right of re-entry in the event of condition <br />broken. <br />The question is whether by obtaining a release or <br />quitclaim deed from the original owners, the City of San Leandro <br />can now erect a City Hall and whether in such event, the title of <br />the City to the land would be insurable. <br />We may start with the case of Spires vs. The City <br />of Los Angeles (1906) 150 Cal, 64. There it was definitely hold <br />That where a parcel of land has been dedicated as a public park <br />whether by sot of the City or whether under the terms of a grant <br />to the City, a purely municipal use may not be carried on on such <br />land. The Court went on to say: <br />"Of course, if a municipality were undertaking to establish <br />on this property a city hall, fire engine station, hospital <br />or jail ........... a different question would be presented and <br />there would be little hesitancy in holding that it could not <br />do so". <br />In the case of Slavich v. Hamilton (1927) 201 Cal. <br />299, the question was whether the City of Usklan and the County <br />of Alameda were entitled to enter into a contract to erect a vet- <br />erans memorial building on the park or plaza on Grand Avenue <br />oppositethe lake, known as Adams Park, The Supreme Court held that <br />