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[1c] It is a well-settled rule that, when the body of the conveyance is ambiguous, the surrounding circumstances in the light of which the grant is made must be considered by the court to determine its meaning. (See Chavez v. Vargas, 45 Cal. 394; People v. Raischel, 47 Cal. 394; People v. McBean, 47 Cal. 232; Brittain v. Gallagher, 69 Cal. 247 [10 P. 656].) In considering the surrounding circumstances there are certain facts which may be considered as a matter of law. It is a fair presumption that if the grantor has given his real estate for a specified consideration, it is intended that he shall retain it. (Brown v. MacPherson, 26 Cal. 135; Taylor v. Field, 70 Cal. 408; Warner Bros. Pictures, Inc. v. De Mendelssohn, 110 Cal. App. 2d 672 [243 P.2d 34]; Lytle v. Robinson, 136 Cal. App. 2d 213 [288 P.2d 806].) It is a fair presumption that where the grantor has conveyed property for a valuable consideration, he does not intend to surrender the title to that property. (Estate of Platt, 21 Cal. 2d 343 [131 P.2d 825].) The grantor does not intend to surrender the title to any estate that is obviously a part of the same tract, and that is not always easy to determine. (Boos v. Wiederkehr, 68 Cal. App. 2d 585 [157 P.
Rather than dispelling doubt that the city had an intent to make the ship a permanent part of its realty, the physical facts constitute evidence that it had the intention of making a permanent part of the realty. The city had the power to include the ship in its realty. The inclusion is expressly forbidden by the city charter, but the charter does not expressly prohibit the inclusion of the ship in its realty. The charter leaves room for doubt whether the city's intention in acquiring the ship was to attach the ship to the realty. In our opinion the physical facts, when considered in the light of the charter provisions, the background of the acquisition of the ship, and the intention of the parties at the time of the acquisition, reflect a clear intent that the ship be included in the city's realty.
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