IIA

103D CONGRESS

1ST SESSION H. R. 1183

IN THE SENATE OF THE UNITED STATES

JUNE 22, 1993

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

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

Company.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Railroad Right-of-Way

5 Conveyance Validation Act’’.
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1 SEC. 2. VALIDATION OF CONVEYANCES.

2 Except as provided in section 5, the conveyances de3 scribed in section 3 (involving certain lands in Nevada

4 County, State of California) and section 4 (involving cer5 tain lands in San Joaquin County, State of California)

6 concerning lands that form parts of the right-of-way

7 granted by the United States to the Central Pacific Rail8 way Company in the Act entitled ‘‘An Act to aid in the

9 Construction of a Railroad and Telegraph Line from the

10 Missouri River to the Pacific Ocean, and to secure to the

11 Government the Use of the same for Postal, Military, and

12 Other Purposes’’, approved July 1, 1862 (12 Stat. 489),

13 hereby are legalized, validated, and confirmed, as far as

14 any interest of the United States in such lands is con15 cerned, with the same force and effect as if the land in16 volved in each such conveyance had been held, on the date

17 of such conveyance, under absolute fee simple title by the

18 grantor of such land.

19 SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY,

20 STATE OF CALIFORNIA.

21 The conveyances of land in Nevada County, State of

22 California, referred to in section 2 are as follows:

23 (1) The conveyances entered into between the

24 Southern Pacific Transportation Company, grantor,

25 and David G. ‘Otis’ Kantz and Virginia Thomas

26 Bills Kantz, husband and wife, as joint tenants,
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1 grantees, recorded June 10, 1987, as instrument

2 number 87–15995 in the official records of the

3 county of Nevada.

4 (2) The conveyance entered into between the

5 Southern Pacific Transportation Company, grantor,

6 and Antone Silva and Martha E. Silva, his wife,

7 grantees, recorded June 10, 1987, as instrument

8 number 87–15996 in the official records of the

9 county of Nevada.

10 (3) The conveyance entered into between the

11 Southern Pacific Transportation Company, grantor,

12 and Charlie D. Roeschen and Renee Roeschen, hus13 band and wife as joint tenants, grantees, re14 corded June 10, 1987, as instrument number 87–

15 15997 in the official records of the county of

16 Nevada.

17 (4) The conveyance entered into between the

18 Southern Pacific Transportation Company, grantor,

19 and Manuel F. Nevarez and Margarita Nevarez, his

20 wife, as joint tenants, grantees, recorded June 10,

21 1987, as instrument number 87–15998 in the offi22 cial records of the county of Nevada.

23 (5) The conveyance entered into between the

24 Southern Pacific Transportation Company, grantor,

25 and Susan P. Summers, grantee, recorded June 10,
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1 1987, as instrument number 87–15999 in the offi2 cial records of the county of Nevada.

3 (6) The conveyance entered into between the

4 Southern Pacific Transportation Company, grantor,

5 and James L. Porter, a single man, as his sole and

6 separate property, grantee, recorded June 10, 1987,

7 as instrument number 87–16000 in the official

8 records of the county of Nevada.

9 (7) The conveyance entered into between the

10 Southern Pacific Transportation Company, grantor,

11 and Robert L. Helin, a single man, grantee, re12 corded June 10, 1987, as instrument number 87–

13 16001 in the official records of the county of

14 Nevada.

15 (8) The conveyance entered into between the

16 Southern Pacific Transportation Company, grantor,

17 and Thomas S. Archer and Laura J. Archer, hus18 band and wife, as joint tenants, grantees, recorded

19 June 10, 1987, as instrument number 87–16002 in

20 the official records of the county of Nevada.

21 (9) The conveyance entered into between the

22 Southern Pacific Transportation Company, grantor,

23 and Wallace L. Stevens, a single man, grantee, re24 corded June 10, 1987, as instrument number 87–
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1 16003 in the official records of the county of

2 Nevada.

3 (10) The conveyance entered into between the

4 Southern Pacific Transportation Company, grantor,

5 and Sierra Pacific Power Company, grantees, re6 corded June 10, 1987, as instrument number 87–

7 16004 in the official records of the county of

8 Nevada.

9 (11) The conveyance entered into between the

10 Southern Pacific Transportation Company, grantor,

11 and Truckee Public Utility District, grantees, re12 corded June 10, 1987, as instrument number 87–

13 16005 in the official records of the county of

14 Nevada.

15 (12) The conveyance entered into between the

16 Southern Pacific Transportation Company, grantor,

17 and Dwayne W. Haddock and Bertha M. Haddock,

18 his wife as joint tenants, grantees, recorded June

19 10, 1987, as instrument number 87–16006 in the

20 official records of the county of Nevada.

21 (13) The conveyance entered into between the

22 Southern Pacific Transportation Company, grantor,

23 and William C. Thorn, grantee, recorded June 10,

24 1987, as instrument number 87–16007 in the offi25 cial records of the county of Nevada.
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1 (14) The conveyance entered into between the

2 Southern Pacific Transportation Company, grantor,

3 and Jose Guadelupe Lopez, grantees, recorded

4 June 10, 1987, as instrument number 87–16008 in

5 the official records of the county of Nevada.

6 (15) The conveyance entered into between the

7 Southern Pacific Transportation Company, grantor,

8 and Harold O. Dixon, an unmarried man, as to an

9 undivided half interest, and Pedro Lopez, a married

10 man, as to an undivided half interest, as joint ten11 ants, grantees, recorded June 10, 1987, as instru12 ment number 87–16009 in the official records of the

13 county of Nevada.

14 (16) The conveyance entered into between the

15 Southern Pacific Transportation Company, grantor,

16 and Robert E. Sutton and Patricia S. Sutton, hus17 band and wife, as joint tenants, grantees, recorded

18 June 10, 1987, as instrument number 87–16010 in

19 the official records of the county of Nevada.

20 (17) The conveyance entered into between the

21 Southern Pacific Transportation Company, grantor,

22 and Angelo C. Besio and Eva G. Besio, his wife,

23 grantees, recorded June 10, 1987, as instrument

24 number 87–16011 in the official records of the

25 county of Nevada.
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1 (18) The conveyance entered into between the

2 Southern Pacific Transportation Company, grantor,

3 and Lawrence P. Young and Mary K. Young, hus4 band and wife, as joint tenants, grantees, recorded

5 June 10, 1987, as instrument number 87–16012 in

6 the official records of the county of Nevada.

7 (19) The conveyance entered into between the

8 Southern Pacific Transportation Company, grantor,

9 and the estate of Charles Clyde Cozzaglio, grantee,

10 recorded June 10, 1987, as instrument number 87–

11 16013 in the official records of the county of

12 Nevada.

13 (20) The conveyance entered into between the

14 Southern Pacific Transportation Company, grantor,

15 and Noel T. Hargreaves, an unmarried woman, as

16 her sole and separate property, grantee, recorded

17 June 10, 1987, as instrument number 87–16014 in

18 the official records of the county of Nevada.

19 (21) The conveyance entered into between the

20 Southern Pacific Transportation Company, grantor,

21 and Athleisure Enterprises, Incorporated, a Nevada

22 corporation, grantees, recorded January 24, 1989,

23 as instrument number 89–01803 in the official

24 records of the county of Nevada.
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1 (22) The conveyance entered into between the

2 Southern Pacific Transportation Company, grantor,

3 and Richard Bwarie, a single man as to an undi4 vided one-half interest, and Roger S. Gannam and

5 Lucille Gannam, husband and wife, as joint tenants,

6 as to an undivided one-half interest, grantees, re7 corded January 24, 1989, as instrument number

8 89–01804 in the official records of the county of

9 Nevada.

10 (23) The conveyance entered into between the

11 Southern Pacific Transportation Company, grantor,

12 and William Campbell and Juanita R. Campbell, his

13 wife as joint tenants, grantees, recorded January 24,

14 1989, as instrument number 89–01805 in the offi15 cial records of the county of Nevada.

16 (24) The conveyance entered into between the

17 Southern Pacific Transportation Company, grantor,

18 and William E. Cannon and Lynn M. Cannon, hus19 band and wife, as joint tenants as to an undivided

20 one-half interest, and Brent Collinson and Dianne

21 Collinson, husband and wife, as joint tenants, as to

22 an undivided one-half interest, grantees, recorded

23 January 24, 1989, as instrument number 89–01806

24 in the official records of the county of Nevada.
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1 (25) The conveyance entered into between the

2 Southern Pacific Transportation Company, grantor,

3 and Christopher G. Eaton and Bernadette M.

4 Eaton, husband and wife as community property,

5 grantees, recorded January 24, 1989, as instrument

6 number 89–01807 in the official records of the

7 county of Nevada.

8 (26) The conveyance entered into between the

9 Southern Pacific Transportation Company, grantor,

10 and Christopher G. Eaton grantee, recorded

11 January 24, 1989, as instrument number 89–01808

12 in the official records of the county of Nevada.

13 (27) The conveyance entered into between the

14 Southern Pacific Transportation Company, grantor,

15 and Valeria M. Kelly, an unmarried woman, grantee,

16 recorded January 24, 1989, as instrument number

17 89–01809 in the official records of the county of

18 Nevada.

19 (28) The conveyance entered into between the

20 Southern Pacific Transportation Company, grantor,

21 and William J. Kuttel and Delia Rey Kuttel, hus22 band and wife, grantees, recorded January 24, 1989,

23 as instrument number 89–01810 in the official

24 records of the county of Nevada.
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1 (29) The conveyance entered into between the

2 Southern Pacific Transportation Company, grantor,

3 and Thomas A. Lippert and Laurel A. Lippert, hus4 band and wife, grantees, recorded January 24, 1989,

5 as instrument number 89–01811 in the official

6 records of the county of Nevada.

7 (30) The conveyance entered into between the

8 Southern Pacific Transportation Company, grantor,

9 and Fred J. Mahler, a single man, grantee, recorded

10 January 24, 1989, as instrument number 89–01812

11 in the official records of the county of Nevada.

12 (31) The conveyance entered into between the

13 Southern Pacific Transportation Company, grantor,

14 and Francis Doyle McGwinn also known as Doyle F.

15 McGwinn, a widower, grantee, recorded January 24,

16 1989, as instrument number 89–01813 in the offi17 cial records of the county of Nevada.

18 (32) The conveyance entered into between the

19 Southern Pacific Transportation Company, grantor,

20 and James D. Ritchie and Susan Ritchie, husband

21 and wife, as joint tenants, grantees, recorded Janu22 ary 24, 1989, as instrument number 89–01814 in

23 the official records of the county of Nevada.

24 (33) The conveyance entered into between the

25 Southern Pacific Transportation Company, grantor,
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1 and William R. Smith and Joan M. Smith, his wife,

2 as joint tenants, grantees, recorded January 24,

3 1989, as instrument number 89–01815 in the offi4 cial records of the county of Nevada.

5 (34) The conveyance entered into between the

6 Southern Pacific Transportation Company, grantor,

7 and Anthony J. Stile and Laura A. Stile, husband

8 and wife, as joint tenants, grantees, recorded Janu9 ary 24, 1989, as instrument number 89–01816 in

10 the official records of the county of Nevada.

11 (35) The conveyance entered into between the

12 Southern Pacific Transportation Company, grantor,

13 and Thomas R. Stokes, a single man, and Carla J.

14 Stewart, a single woman, as joint tenants, grantees,

15 recorded January 24, 1989, as instrument number

16 89–01817 in the official records of the county of

17 Nevada.

18 (36) The conveyance entered into between the

19 Southern Pacific Transportation Company, grantor,

20 and Tom’s Television System, Incorporated, a Cali21 fornia Corporation, grantees, recorded January 24,

22 1989, as instrument number 89–01818 in the offi23 cial records of the county of Nevada.

24 (37) The conveyance entered into between the

25 Southern Pacific Transportation Company, grantor,
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1 and Tom’s Television System, Incorporated, a Cali2 fornia corporation, grantees, recorded January 24,

3 1989, as instrument number 89–01819 in the offi4 cial records of the county of Nevada.

5 (38) The conveyances entered into between the

6 Southern Pacific Transportation Company, grantor,

7 and Harry M. Welch and Betty R. Welch, his wife,

8 as joint tenants, grantees, recorded January 24,

9 1989, as instrument number 89–01820 in the offi10 cial records of the county of Nevada.

11 (39) The conveyance entered into between the

12 Southern Pacific Transportation Company, grantor,

13 and Harry Fariel and Joan Fariel, husband and

14 wife, as joint tenants, grantees, recorded February

15 2, 1989, as instrument number 89–02748 in the of16 ficial records of the county of Nevada.

17 (40) The conveyance entered into between the

18 Southern Pacific Transportation Company, grantor,

19 and Edward Candler and May Candler, husband and

20 wife as community property, as to an undivided two21 thirds interest; and Harry Fariel and Joan Fariel,

22 husband and wife, as joint tenants, as to an undi23 vided one-third interest, grantees, recorded February

24 2, 1989, as instrument number 89–02749 in the of25 ficial records of the county of Nevada.
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1 (41) The conveyance entered into between the

2 Central Pacific Railroad, grantor, and E.W. Hopkins

3 and J.O.B. Gann, grantees, recorded April 7, 1894,

4 in Book 79 of Deeds at page 679, official records of

5 the county of Nevada.

6 (42) The conveyance entered into between the

7 Southern Pacific Transportation Company, grantor,

8 and John David Gay and Elizabeth Jean Gay, as

9 Trustees of the David and Elizabeth Gay Trust,

10 grantees, recorded October 3, 1991, as instrument

11 number 91–30654 of the official records of the

12 county of Nevada.

13 SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY,

14 STATE OF CALIFORNIA.

15 The conveyances of land in San Joaquin County,

16 State of California, referred to in section 2 are as follows:

17 (1) The conveyance entered into between the

18 Southern Pacific Transportation Company, grantor,

19 and Ronald M. Lauchland and Lillian R. Lauchland,

20 grantees, recorded October 1, 1985, as instrument

21 number 85066621 in the official records of the

22 county of San Joaquin.

23 (2) The conveyance entered into between the

24 Southern Pacific Transportation Company, grantor,

25 and Bradford A. Lange and Susan J. Lange, his
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1 wife, as to an undivided one-half, and Randall W.

2 Lange and Charlene J. Lange, his wife, as to an un3 divided one-half interest, grantees, recorded October

4 1, 1985, as instrument number 85066623 in the of5 ficial records of the county of San Joaquin.

6 (3) The conveyance entered into between the

7 Southern Pacific Transportation Company, grantor,

8 and Leo G. Lewis and Vasiliki L. Lewis, and Billy

9 G. Lewis and Dimetria Lewis, grantees, recorded

10 October 1, 1985, as instrument number 85066625

11 in the official records of the county of San Joaquin.

12 (4) The conveyance entered into between the

13 Southern Pacific Transportation Company, grantor,

14 and Louis J. Bennett, grantees, recorded October 1,

15 1985, as instrument number 85066627 in the offi16 cial records of the county of San Joaquin.

17 (5) The conveyance entered into between the

18 Southern Pacific Transportation Company, grantor,

19 and Joe Alves Correia and Leontina Correia, his

20 wife, grantees, recorded September 1, 1970, instru21 ment number 33915, in book 3428, page 461, of the

22 official records of the county of San Joaquin.

23 (6) The conveyance entered into between the

24 Southern Pacific Transportation Company, grantor,

25 and Willard H. Fike, Jr., and Dorla E. Fike, his
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1 wife, grantees, recorded January 7, 1988, instru2 ment number 88001473 of the official records of the

3 county of San Joaquin.

4 (7) The conveyance entered into between

5 Central Pacific Railway, grantor, and Nettie M.

6 Murray and Marie M. Hallinan, grantees, dated May

7 31, 1949, recorded June 14, 1949, in volume 1179

8 at page 394 of the official records of the county of

9 San Joaquin.

10 (8) The conveyance entered into between the

11 Central Pacific Railway Company, a corporation,

12 and its lessee, Southern Pacific Company, a corpora13 tion, grantor, and Lodi Winery, Incorporated, grant14 ee, dated August 2, 1938, recorded May 23, 1940,

15 in volume 692, page 249, of the official records of

16 the county of San Joaquin.

17 SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.

18 (a) SCOPE.—Nothing in this Act shall be construed

19 to—

20 (1) diminish the right-of-way referred to in sec21 tion 2 to a width of less than fifty feet on each side

22 of the center of the main track or tracks maintained

23 by the Southern Pacific Transportation Company on

24 the date of enactment of this Act;
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1 (2) legalize, validate, or confirm, with respect to

2 any land that is the subject of a conveyance referred

3 to in section 3 or 4, any right or title to, or interest

4 in, such land arising out of adverse possession, pre5 scription, or abandonment, and not confirmed by

6 such conveyance; or

7 (b) MINERALS.—(1) The United States hereby re8 serves any federally-owned minerals that may exist in land

9 that is conveyed pursuant to section 2 of this Act, includ10 ing the right of the United States, its assignees or lessees,

11 to enter upon and utilize as much of the surface of said

12 land as is necessary to remove minerals under the laws

13 of the United States.

14 (2) Any and all minerals reserved by paragraph (1)

15 are hereby withdrawn from all forms of entry, appropria16 tion, and patent under the mining, mineral leasing, and

17 geothermal leasing laws of the United States.

Passed the House of Representatives June 21, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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