Private Calendar No. 1

103D CONGRESS

1ST SESSION H. R. 1183

[Report No. 103–143]

A BILL

To validate conveyances of certain lands in the

Central Pacific Railway Company.of-way granted by the United States to theState of California that form part of the rightJUNE 21, 1993

Reported with amendments, committed to the Committee

of the Whole House and ordered to be printed
VIII

Private Calendar No. 1

103D CONGRESS

1ST SESSION H. R. 1183

[Report No. 103–143]

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1993

Mr. DOOLITTLE introduced the following bill; which was referred to the

Committee on Natural Resources

JUNE 21, 1993

Reported with amendments, committed to the Committee of the Whole House

and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

A BILL

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,
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1 SECTION 1. SHORT TITLE.

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

3 Conveyance Validation Act’’.

4 SEC. 2. VALIDATION OF CONVEYANCES.

5 Except as provided in section 5, the conveyances de6 scribed in section 3 (involving certain lands in Nevada

7 County, State of California) and section 4 (involving cer8 tain lands in San Joaquin County, State of California)

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

10 granted by the United States to the Central Pacific Rail11 way Company in the Act entitled ‘‘An Act to aid in the

12 Construction of a Railroad and Telegraph Line from the

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

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

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

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

17 any interest of the United States in such lands is con18 cerned, with the same force and effect as if the land in19 volved in each such conveyance had been held, on the date

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

21 grantor of such land.

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

23 STATE OF CALIFORNIA.

24 The conveyances of land in Nevada County, State of

25 California, referred to in section 2 are as follows:
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1 (1) The conveyances entered into between the

2 Southern Pacific Transportation Company, grantor,

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

4 Bills Kantz, husband and wife, as joint tenants,

5 grantees, recorded June 10, 1987, as instrument

6 number 87–15995 in the official records of the

7 county of Nevada.

8 (2) The conveyance entered into between the

9 Southern Pacific Transportation Company, grantor,

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

11 grantees, recorded June 10, 1987, as instrument

12 number 87–15996 in the official records of the

13 county of Nevada.

14 (3) The conveyance entered into between the

15 Southern Pacific Transportation Company, grantor,

16 and Charlie D. Roeschen and Renee Roeschen, hus17 band and wife as joint tenants, grantees, re18 corded June 10, 1987, as instrument number 87–

19 15997 in the official records of the county of

20 Nevada.

21 (4) The conveyance entered into between the

22 Southern Pacific Transportation Company, grantor,

23 and Manuel F. Nevarez and Margarita Nevarez, his

24 wife, as joint tenants, grantees, recorded June 10,
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1 1987, as instrument number 87–15998 in the offi2 cial records of the county of Nevada.

3 (5) The conveyance entered into between the

4 Southern Pacific Transportation Company, grantor,

5 and Susan P. Summers, grantee, recorded June 10,

6 1987, as instrument number 87–15999 in the offi7 cial records of the county of Nevada.

8 (6) The conveyance entered into between the

9 Southern Pacific Transportation Company, grantor,

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

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

12 as instrument number 87–16000 in the official

13 records of the county of Nevada.

14 (7) The conveyance entered into between the

15 Southern Pacific Transportation Company, grantor,

16 and Robert L. Helin, a single man, grantee, re17 corded June 10, 1987, as instrument number 87–

18 16001 in the official records of the county of

19 Nevada.

20 (8) The conveyance entered into between the

21 Southern Pacific Transportation Company, grantor,

22 and Thomas S. Archer and Laura J. Archer, hus23 band and wife, as joint tenants, grantees, recorded

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

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

2 Southern Pacific Transportation Company, grantor,

3 and Wallace L. Stevens, a single man, grantee, re4 corded June 10, 1987, as instrument number 87–

5 16003 in the official records of the county of

6 Nevada.

7 (10) The conveyance entered into between the

8 Southern Pacific Transportation Company, grantor,

9 and Sierra Pacific Power Company, grantees, re10 corded June 10, 1987, as instrument number 87–

11 16004 in the official records of the county of

12 Nevada.

13 (11) The conveyance entered into between the

14 Southern Pacific Transportation Company, grantor,

15 and Truckee Public Utility District, grantees, re16 corded June 10, 1987, as instrument number 87–

17 16005 in the official records of the county of

18 Nevada.

19 (12) The conveyance entered into between the

20 Southern Pacific Transportation Company, grantor,

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

22 his wife as joint tenants, grantees, recorded June

23 10, 1987, as instrument number 87–16006 in the

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

2 Southern Pacific Transportation Company, grantor,

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

4 1987, as instrument number 87–16007 in the offi5 cial records of the county of Nevada.

6 (14) The conveyance entered into between the

7 Southern Pacific Transportation Company, grantor,

8 and Jose Guadelupe Lopez, grantees, recorded

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

10 the official records of the county of Nevada.

11 (15) The conveyance entered into between the

12 Southern Pacific Transportation Company, grantor,

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

14 undivided half interest, and Pedro Lopez, a married

15 man, as to an undivided half interest, as joint ten16 ants, grantees, recorded June 10, 1987, as instru17 ment number 87–16009 in the official records of the

18 county of Nevada.

19 (16) The conveyance entered into between the

20 Southern Pacific Transportation Company, grantor,

21 and Robert E. Sutton and Patricia S. Sutton, hus22 band and wife, as joint tenants, grantees, recorded

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

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

2 Southern Pacific Transportation Company, grantor,

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

4 grantees, recorded June 10, 1987, as instrument

5 number 87–16011 in the official records of the

6 county of Nevada.

7 (18) The conveyance entered into between the

8 Southern Pacific Transportation Company, grantor,

9 and Lawrence P. Young and Mary K. Young, hus10 band and wife, as joint tenants, grantees, recorded

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

12 the official records of the county of Nevada.

13 (19) The conveyance entered into between the

14 Southern Pacific Transportation Company, grantor,

15 and the estate of Charles Clyde Cozzaglio, grantee,

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

17 16013 in the official records of the county of

18 Nevada.

19 (20) The conveyance entered into between the

20 Southern Pacific Transportation Company, grantor,

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

22 her sole and separate property, grantee, recorded

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

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

2 Southern Pacific Transportation Company, grantor,

3 and Athleisure Enterprises, Incorporated, a Nevada

4 corporation, grantees, recorded January 24, 1989,

5 as instrument number 89–01803 in the official

6 records of the county of Nevada.

7 (22) The conveyance entered into between the

8 Southern Pacific Transportation Company, grantor,

9 and Richard Bwarie, a single man as to an undi10 vided one-half interest, and Roger S. Gannam and

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

12 as to an undivided one-half interest, grantees, re13 corded January 24, 1989, as instrument number

14 89–01804 in the official records of the county of

15 Nevada.

16 (23) The conveyance entered into between the

17 Southern Pacific Transportation Company, grantor,

18 and William Campbell and Juanita R. Campbell, his

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

20 1989, as instrument number 89–01805 in the offi21 cial records of the county of Nevada.

22 (24) The conveyance entered into between the

23 Southern Pacific Transportation Company, grantor,

24 and William E. Cannon and Lynn M. Cannon, hus25 band and wife, as joint tenants as to an undivided
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1 one-half interest, and Brent Collinson and Dianne

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

3 an undivided one-half interest, grantees, recorded

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

5 in the official records of the county of Nevada.

6 (25) The conveyance entered into between the

7 Southern Pacific Transportation Company, grantor,

8 and Christopher G. Eaton and Bernadette M.

9 Eaton, husband and wife as community property,

10 grantees, recorded January 24, 1989, as instrument

11 number 89–01807 in the official records of the

12 county of Nevada.

13 (26) The conveyance entered into between the

14 Southern Pacific Transportation Company, grantor,

15 and Christopher G. Eaton grantee, recorded

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

17 in the official records of the county of Nevada.

18 (27) The conveyance entered into between the

19 Southern Pacific Transportation Company, grantor,

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

21 recorded January 24, 1989, as instrument number

22 89–01809 in the official records of the county of

23 Nevada.

24 (28) The conveyance entered into between the

25 Southern Pacific Transportation Company, grantor,
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1 and William J. Kuttel and Delia Rey Kuttel, hus2 band and wife, grantees, recorded January 24, 1989,

3 as instrument number 89–01810 in the official

4 records of the county of Nevada.

5 (29) The conveyance entered into between the

6 Southern Pacific Transportation Company, grantor,

7 and Thomas A. Lippert and Laurel A. Lippert, hus8 band and wife, grantees, recorded January 24, 1989,

9 as instrument number 89–01811 in the official

10 records of the county of Nevada.

11 (30) The conveyance entered into between the

12 Southern Pacific Transportation Company, grantor,

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

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

15 in the official records of the county of Nevada.

16 (31) The conveyance entered into between the

17 Southern Pacific Transportation Company, grantor,

18 and Francis Doyle McGwinn also known as Doyle F.

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

20 1989, as instrument number 89–01813 in the offi21 cial records of the county of Nevada.

22 (32) The conveyance entered into between the

23 Southern Pacific Transportation Company, grantor,

24 and James D. Ritchie and Susan Ritchie, husband

25 and wife, as joint tenants, grantees, recorded Janu-
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1 ary 24, 1989, as instrument number 89–01814 in

2 the official records of the county of Nevada.

3 (33) The conveyance entered into between the

4 Southern Pacific Transportation Company, grantor,

5 and William R. Smith and Joan M. Smith, his wife,

6 as joint tenants, grantees, recorded January 24,

7 1989, as instrument number 89–01815 in the offi8 cial records of the county of Nevada.

9 (34) The conveyance entered into between the

10 Southern Pacific Transportation Company, grantor,

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

12 and wife, as joint tenants, grantees, recorded Janu13 ary 24, 1989, as instrument number 89–01816 in

14 the official records of the county of Nevada.

15 (35) The conveyance entered into between the

16 Southern Pacific Transportation Company, grantor,

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

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

19 recorded January 24, 1989, as instrument number

20 89–01817 in the official records of the county of

21 Nevada.

22 (36) The conveyance entered into between the

23 Southern Pacific Transportation Company, grantor,

24 and Tom’s Television System, Incorporated, a Cali25 fornia Corporation, grantees, recorded January 24,
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1 1989, as instrument number 89–01818 in the offi2 cial records of the county of Nevada.

3 (37) The conveyance entered into between the

4 Southern Pacific Transportation Company, grantor,

5 and Tom’s Television System, Incorporated, a Cali6 fornia corporation, grantees, recorded January 24,

7 1989, as instrument number 89–01819 in the offi8 cial records of the county of Nevada.

9 (38) The conveyances entered into between the

10 Southern Pacific Transportation Company, grantor,

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

12 as joint tenants, grantees, recorded January 24,

13 1989, as instrument number 89–01820 in the offi14 cial records of the county of Nevada.

15 (39) The conveyance entered into between the

16 Southern Pacific Transportation Company, grantor,

17 and Harry Fariel and Joan Fariel, husband and

18 wife, as joint tenants, grantees, recorded February

19 2, 1989, as instrument number 89–02748 in the of20 ficial records of the county of Nevada.

21 (40) The conveyance entered into between the

22 Southern Pacific Transportation Company, grantor,

23 and Edward Candler and May Candler, husband and

24 wife as community property, as to an undivided two25 thirds interest; and Harry Fariel and Joan Fariel,
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1 husband and wife, as joint tenants, as to an undi2 vided one-third interest, grantees, recorded February

3 2, 1989, as instrument number 89–02749 in the of4 ficial records of the county of Nevada.

5 (41) The conveyance entered into between the

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

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

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

9 the county of Nevada.

10 (42) The conveyance entered into between the

11 Southern Pacific Transportation Company, grantor,

12 and John David Gay and Elizabeth Jean Gay, as

13 Trustees of the David and Elizabeth Gay Trust,

14 grantees, recorded October 3, 1991, as instrument

15 number 91–30654 of the official records of the

16 county of Nevada.

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

18 STATE OF CALIFORNIA.

19 The conveyances of land in San Joaquin County,

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

21 (1) The conveyance entered into between the

22 Southern Pacific Transportation Company, grantor,

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

24 grantees, recorded October 1, 1985, as instrument
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1 number 85066621 in the official records of the

2 county of San Joaquin.

3 (2) The conveyance entered into between the

4 Southern Pacific Transportation Company, grantor,

5 and Bradford A. Lange and Susan J. Lange, his

6 wife, as to an undivided one-half, and Randall W.

7 Lange and Charlene J. Lange, his wife, as to an un8 divided one-half interest, grantees, recorded October

9 1, 1985, as instrument number 85066623 in the of10 ficial records of the county of San Joaquin.

11 (3) The conveyance entered into between the

12 Southern Pacific Transportation Company, grantor,

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

14 G. Lewis and Dimetria Lewis, grantees, recorded

15 October 1, 1985, as instrument number 85066625

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

17 (4) The conveyance entered into between the

18 Southern Pacific Transportation Company, grantor,

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

20 1985, as instrument number 85066627 in the offi21 cial records of the county of San Joaquin.

22 (5) The conveyance entered into between the

23 Southern Pacific Transportation Company, grantor,

24 and Joe Alves Correia and Leontina Correia, his

25 wife, grantees, recorded September 1, 1970, instru-
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1 ment number 33915, in book 3428, page 461, of the

2 official records of the county of San Joaquin.

3 (6) The conveyance entered into between the

4 Southern Pacific Transportation Company, grantor,

5 and Willard H. Fike, Jr., and Dorla E. Fike, his

6 wife, grantees, recorded January 7, 1988, instru7 ment number 88001473 of the official records of the

8 county of San Joaquin.

9 (7) The conveyance entered into between

10 Central Pacific Railway, Grantor, and Nettie M.

11 Murray and Marie M. Hallinan, Grantees, dated

12 May 31, 1949, recorded June 14, 1949, in volume

13 1179 at page 394 of the official records of the coun14 ty of San Joaquin.

15 (8) The conveyance entered into between the

16 Central Pacific Railway Company, a corporation,

17 and its Lessee, Southern Pacific Company, a cor18 poration, Grantor, and Lodi Winery, Incorporated,

19 Grantee, dated August 2, 1938, recorded May 23,

20 1940, in volume 692, page 249, of the official

21 records of the county of San Joaquin.

22 SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.

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

24 construed to—
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1 (1) diminish the right-of-way referred to in sec2 tion 2 to a width of less than fifty feet on each side

3 of the center of the main track or tracks maintained

4 by the Southern Pacific Transportation Company on

5 the date of enactment of this Act;

6 (2) legalize, validate, or confirm, with respect to

7 any land that is the subject of a conveyance referred

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

9 in, such land arising out of adverse possession, pre10 scription, or abandonment, and not confirmed by

11 such conveyance; or

12 (3) diminish any of the right, title, or interest

13 of the United States with respect to oil, gas, and

14 other minerals, or with respect to prospecting for or

15 mining or removal thereof, in any of the lands that

16 are the subject of a conveyance referred to in section

17 3 or 4.

18 (b) MINERALS.—(1) The United States hereby reserves

19 any federally-owned minerals that may exist in land that

20 is conveyed pursuant to section 2 of this Act, including the

21 right of the United States, its assignees or lessees, to enter

22 upon and utilize as much of the surface of said land as

23 is necessary to remove minerals under the laws of the Unit24 ed States.
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1 (2) Any and all minerals reserved by paragraph (1)

2 are hereby withdrawn from all forms of entry, appropria3 tion, and patent under the mining, mineral leasing, and

4 geothermal leasing laws of the United States.