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H.R. 2067 (99th): Railroad Right-of-Way Conveyance Validation Act of 1985

The text of the bill below is as of Oct 27, 1986 (Passed Congress).


100 STAT. 3040                       PUBLIC LAW 99-543—OCT. 27, 1986

                    Public Law 99-543
                    99th Congress
                               ?ri
                                                        An Act
  Oct. 27, 1986     To validate conveyances of certain lands in the State of California that form part of
                      the right-of-way granted by the United States to the Central Pacific Railway
   [H.R. 2067]        Company.
Railroad Right-      Be it enacted by the Senate and House of Representatives of the
of-Way              United States of America in Congress assembled,
Conveyance
Validation Act of   SECTION 1. SHORT TITLE.
1985.
Railroads.           This Act may be cited as the 'Railroad Right-of-Way Conveyance
Individuals.        Vahdation Act of 1985".
                    SEC. 2. VALIDATION OF CONVEYANCES.
                       Except as provided in section 7, the conveyances described in
                    section 3 (involving certain lands in San Joaquin County, State of
                    California), section 4 (involving certain lands in Sacramento County,
                    State of California), section 5 (involving certain land in Kings
                    County, State of California), and section 6 (involving certain lands in
                    Nevada County, State of California) concerning lands that form
                    parts of the right-of-way granted by the United States to the Central
                    Pacific Railway Company in the Act entitled "An Act to aid in the
                    Construction of a Railroad and Telegraph Line from the Missouri
                    River to the Pacific Ocean, and to secure to the Government the Use
                    of the same for Postal, Military, and Other Purposes", approved
                    July 1, 1862 (12 Stat. 489), hereby are legalized, validated, and
                    confirmed, as far as any interest of the United States in such lands
                    is concerned, with the same force and effect as if the land involved
                    in each such conveyance had been held, on the date of such convey-
                    ance, under absolute fee simple title by the grantor of such land.
                    SEC. 3. CONVEYANCES OF LANDS IN SAN JOAQUIN COUNTY, STATE OF
                             CALIFORNIA.
                      The conveyances of lands in San Joaquin County, State of Califor-
                    nia, referred to in section 2 are as follows:
                           (1) the conveyance entered into between the Southern Pacific
                         Transportation Company, grantor, and Harvey Davies and
                         Mary E. Davies, grantees, on January 13, 1981, and recorded as
                         instrument numbered 81()13684 on March 6,1981, in the official
                         records of San Joaquin County, State of California;
                           (2) the conveyance entered into between the Southern Pacific
                         Transportation Company, grantor, and Gloria Martinez, Tina
                         Marie Aldaco, and Yolanda Martinez, grantees, on January 13,
                         1981, and recorded as instrument numbered 81013685 on
                         March 6, 1981, in the official records of San Joaquin County,
                         State of California;
                           (3) the conveyance entered into between the Southern Pacific
                         Transportation Company, grantor, and Gregorio Estrada Blanco
                         and Antonio Miranda Blanco, grantees, on January 13, 1981,
                         and recorded as instrument numbered 81013686 on March 6,

•F PUBLIC LAW 99-543—OCT. 27, 1986 100 STAT. 3041 1981, in the official records of San Joaquin County, State of California; (4) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and Iris Fong, grantee, on January 13, 1981, and recorded as instrument numbered 81013687 on March 6, 1981, in the official records of San Joa- quin County, State of California; (5) the conveyance entered into between the Central Pacific Railway Company and the Southern Pacific Company, grantors, and Margaret Gieseke, grantee, on October 31, 1939, and recorded on February 13, 1940, in volume 669, page 473, of the book of official records of San Joaquin County, State of California; (6) the conveyance entered into between the Central Pacific Railway Company and the Southern Pacific Company, grantors, and Henry Meiburg and Erna Meiburg, grantees, on October 31, 1939, and recorded on February 13, 1940, in volume 669, page 476, of the book of official records of San Joaquin County, State of California; (7) the conveyance entered into between the Central Pacific Railway Company and the Southern Pacific Company, grantors, and Frank Ward, grantee, on October 31,1939, and recorded on February 13, 1940, in volume 669, page 474, of the book of official records of San Joaquin County, State of California; (8) the conveyance entered into between the Central Pacific Railway Company and the Southern Pacific Company, grantors, and Frank Penny, grantee, on October 31,1939, and recorded on February 13, 1940, in volume 676, page 275, of the book of official records of Ssm Joaquin County, State of California; (9) the conveyance entered into between the Central Pacific Railway Company and the Southern Pacific Company, grantors, and John B. Coughlan, grantee, on October 31, 1939, and recorded on February 13, 1940, in volume 676, page 277, of the book of official records of San Joaquin County, State of California; (10) the conveyance entered into between the Central Pacific Railway Company and the Southern Pacific Company, grantors, and the Fabian-Grunauer Company, grantee, on January 7, 1930, and recorded on February 7,1930, in volume 1, page 86, of the book of official records of San Joaquin County, State of California; (11) the conveyance entered into between the Central Pacific Railway Company and the Southern Pacific Company, grantors, and Libby McNeill and Libby, grantee, on October 31,1928, and recorded on November 30, 1928, in volume 255, page 383, of the book of official records of San Joaquin County, State of California; (12) the conveyance entered into between the Central Pacific Railway (I!ompany and the Southern Pacific Company, grantors, and A. J. Hussell, grantee, on January 7, 1930, and recorded on February 13, 1930, in volume 314, page 138, of the book of official records of San Joaquin County, State of California; (13) the conveyance entered into between Charles Crocker, grantor, and Frank Curran, grantee, on January 8, 1880, and recorded on January 31,1883, in book A, volume 49, page 600, of the deeds of San Joaquin County, State of California;
100 STAT. 3042 PUBLIC LAW 99-543—OCT. 27, 1986 (14) the conveyance entered into between the Pacific Improve- ment Company, grantor, and Edward Curran, grantee, on May 24,1901, and recorded on June 26,1901, in book A, volume 116, page 118, of the deeds of San Joaquin County, State of California, excluding that portion of such conveyance concern- ing lots 14 and 15 in block 15 as designated on the map entitled "Map of the Town of Tracy San Joaquin California", filed at the request of the Southern Pacific Railroad on June 29, 1892, in volume 2, page 63, of the maps and plats of San Joaquin County, State of California; (15) the conveyance entered into between the Pacific Improve- ment Company, grantor, and Sarah Idelia Duffy, grantee, on December 9, 1891, and recorded on December 31, 1891, in book ^. A, volume 75, page 59, of the deeds of San Joaquin County, State , of California; (16) the conveyance entered into between the Pacific Improve- ment Company, grantor, and C. A. Slack, grantee, on May 29, 1909, and recorded on November 10, 1909, in book A, volume 182, page 304, of the deeds of San Joaquin County, State of • California; .^ (17) the conveyance entered into between the Pacific Improve- ment Company, grantor, and Frank Brusso, grantee, on August 23, 1911, and recorded on October 11, 1911, in book A, volume 205, page 448, of the deeds of San Joaquin County, State of California; (18) the conveyance entered into between the Pacific Improve- ment Company, grantor, and Lee Chong, grantee, on Sep- tember 30, 1911, and recorded on October 23, 1911, in book A, volume 205, page 471, of the deeds of San Joaquin County, State of California; (19) the conveyance entered into between the Pacific Improve- t ment Company, grantor, and Lee Jung, grantee, on Sep- tember 30, 1911, and recorded on October 23, 1911, in book A, volume 205, page 470, of the deeds of San Joaquin County, State of California; (20) the conveyance entered into between the Pacific Improve- -^ ment Company, grantor, and J u Wing, grantee, on January 25, ' 1911, and recorded on February 14,1911, in book A, volume 201, page 105, of the deeds of San Joaquin County, State of California; (21) the conveyance entered into between the Pacific Improve- ment Company, grantor, and A. Grunauer, grantee, on June 8, * 1910, and recorded on June 17, 1910, in book A, volume 187, page 520, of the deeds of San Joaquin County, State of Califor- '-i- nia, excluding that portion of such conveyance concerning lots 12 and 13 in block 36 as designated on the map entitled "Map of so the Town of Tracy San Joaquin California", filed at the request of the Southern Pacific Railroad on June 29, 1892, in volume 2, jt page 63, of the maps and plats of San Joaquin County, State of B': California; jii (22) the conveyance entered into between the Pacific Improve- to ment Company, grantor, and Josie Batten, grantee, on Octo- t-^ ber 10, 1910, and recorded on December 5, 1910, in book A, volume 193, page 477, of the deeds of San Joaquin County, State is of California; if (23) the conveyance entered into between the Pacific Improve- ment Company, grantor, and Frank Brusso, grantee, on
'.' ••' X'V-s^ ."' ^•^-•' - PUBLIC LAW 99-543—OCT. 27, 1986 100 STAT. 3043 March 18, 1912, and recorded on September 5, 1912, in book A, volume 211, page 459, of the deeds of San Joaquin County, State of California; (24) the conveyance entered into between the Pacific Improve- ment Company, grantor, and George Leonard, grantee, on Octo- ber 16, 1911, and recorded on December 7, 1911, in book A, volume 207, page 205, of the deeds of San Joaquin County, State of California; (25) the conveyance entered into between the Pacific Improve- ment Company, grantor, and George Leonard, grantee, on December 12, 1911, and recorded on December 20, 1911, in book A, volume 205, page 587, of the deeds of San Joaquin County, State of California; (26) the conveyance entered into between the Pacific Improve- ment Company, grantor, and Jacob Stritzinger, grantee, on February 10, 1912, and recorded on December 29, 1914, in book A, volume 250, page 377, of the deeds of San Joaquin County, State of California; (27) the conveyance entered into between the Pacific Improve- ment Company, grantor, and M. R. Fothergill, grantee, on July 13, 1917, and recorded on July 29, 1917, in book A, volume 315, page 34, of the deeds of San Joaquin (Dounty, State of California; (28) the conveyance entered into between the Pacific Improve- ment Company, grantor, and Miles J. Brown, J. C. Droge, and W. F. Sattler, grantees, on March 29, 1916, and recorded on April 1, 1916, in book A, volume 273, page 375, of the deeds of San Joaquin County, State of California, excluding that portion of such conveyance concerning— - - (A) lots 1 through 9, and lots 12 and 13, in block 37; (B) lots 1 through 5 in block 38; fcliiiCl J (C) lots 11,12,19, and 20 in block 45; . jrff (D) lots 11 through 18 in block 48; and (E) lots 15 through 18, and lots 20 through 23, in block 51; as designated on the map entitled "Map of the Town of Tracy San Joaquin California", filed at the request of the Southern Pacific Railroad on June 29, 1892, in volume 2, page 63, of the maps and plats of San Joaquin County, State of California; (29) the conveyance entered into between the Southern Pacific Transportation CJompany, grantor, and Manuel Joseph Silva, Mary Ann Gloria Silva, and Anna I. Silva, grantees, on January 13, 1981, and recorded as instrument numbered 81013675 on March 6, 1981, in the official records of San Joa- quin County, Stats of California; (30) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and Ada Lotierzo, grantee, on January 13, 1981, and recorded as instrument numbered 81013677 on March 6, 1981, in the official records of San Joa- quin County, State of California; (31) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and Marie E. Wilson, grantee, on January 13, 1981, and recorded as instrument num- bered 81013678 on March 6, 1981, in the official records of San Joaquin County, State of California; (32) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and the Home Mission Board of the Southern Baptist Convention, grantee, on January 13,
100 STAT. 3044 PUBLIC LAW 99-543—OCT. 27, 1986 1981, and recorded as instrument numbered 81013676 on March 6, 1981, in the official records of San Joaquin County, State of California; (33) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and Jose Gutierrez and Maria Gutierrez, grantees, on January 13,1981, and recorded as instrument numbered 81013674 on March 6,1981, in the official records of San Joaquin County, State of California; (34) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and Odessa Jones Manley, grantee, on January 13,1981, and recorded as instrument num- bered 81013679 on March 6, 1981, in the official records of San Joaquin County, State of California; (35) the conveyemce entered into between the Southern Pacific Transportation 0)mpany, grantor, and William Assad, grantee, on January 13, 1981, and recorded as instrument numbered 81013680 on March 6, 1981, in the official records of San Joa- quin (bounty. State of California; (36) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and Larry C. Fragoso, grantee, on January 13,1981, and recorded as instrument num- bered 81013681 on March 6, 1981, in the official records of San Joaquin County, State of California; and (37) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and the Housing Authority of the CJounty of San Joaquin, grantee, on January 13,1981, and recorded as instrument numbered 81013682 on March 6,1981, in the official records of Scm Joaquin County, State of Csdifornia. SEC. 4. CONVEYANCES OF LANDS IN SACRAMENTO COUNTY. STATE OF CALIFORNIA. The conveyances of lands in Sacramento (Dounty, State of Califor- nia, referred to in section 2 are as follows: (1) the conveyance entered into between the Southern Pacific Company, grantor, and Walker & Donant, grantee, on February 24,1967, and recorded as instrument numbered 13155 on March 1, 1967, in book 67-03-01, page 284, of the official records of Sacramento C!ounty, State of (]!alifornia; (2) the conveyance entered into between the Southern Pacific Transportation Company, grantor, and Walker and Donant, grantee, on September 20, 1976, and recorded as instrument numbered 125515 on October 19, 1976, in book 7610-19, page 567, of the official records of Sacrsunento County, State of California; and (3) the conveyance entered into between (Dentral Pacific Rail- way Company, grantor, and James Keymer, grantee, on r June 13, 1931, and recorded as instrument numbered 10705 on July 13, 1931, in book 359, page 1, of the official records of Sacramento County, State of California. SEC. 5. CONVEYANCE OF LAND IN KINGS COUNTY, STATE OF CALIFORNIA. The conveyance of land in Kings County, State of California, referred to in section 2 is as follows: the conveyance entered into between the Southern Pacific (Company, grantor, and the Clontinen- tal Grain Company, grantee, on August 7, 1968, and recorded as instrument numbered 11974 on September 30, 1968, in book 927, page 898, of the official records of Kings County, State of California.
PUBLIC LAW 99-543-OCT. 27, 1986 100 STAT. 3045 SEC. 6. CONVEYANCE OF LANDS IN NEVADA COUNTY, STATE OF CALIFOR- NIA. The conveyance of lands in Nevada County, State of California, referred to in section 2 are as follows: the conveyance entered into between the Southern Pacific Transportation Company, grantor, and Soda Springs Station, grantee, on March 19,1981, and recorded as instrument numbered 8107969 on March 31, 1981 in the official records of Nevada County, State of California. SEC. 7. LIMITATIONS ON VALIDATION OF CONVEYANCES. (a) SAVINGS CLAUSE.—Nothing in this Act shall be construed to— (1) diminish the right-of-way referred to in section 2 to a width of less than fifty feet on each side of the center of the main track or tracks maintained by the Southern Pacific ' ^ Transportation Company on the date of the enactment of this Act; or (2) legalize, validate, or confirm, with respect to any land that is the subject of a conveyance referred to in section 3, 4, 5, or 6, any right or title to, or interest in, such land arising out of adverse possession, prescription, or abandonment, and not con- firmed by such conveyance. (b) RESERVATION.—There is reserved to the United States all oil, Petroleum and coal, or other minerals in any land that forms a part of the right-of- petroleum products. way referred to in section 2 and is the subject of a conveyance Coal. referred to in section 3,4, 5, or 6, together with the right to prospect Minerals and for, mine, and remove such oil, coal, or other minerals under such mining. rules and regulations as the Secretary of the Interior may prescribe. Approved October 27, 1986. LEGISLATIVE HISTORY—H.R. 2067: HOUSE REPORTS: No. 99-388 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-455 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 3, considered and passed House. Vol. 132 (1986): Oct. 9, considered and passed Senate.