Volume 67 · a79
Private Law 83–227
Validating certain conveyances heretofore made by Central Pacific Railway Company, a corporation, and its lessee, Southern Pacific Company, a corporation, involving certain portions of right-of-way, in the county of Alameda, State of California, acquired by Central Pacific Railway Company under the Act of Congress approved July 1, 1862 (12 Stat. L. 489), as amended by the Act of Congress approved July 2, 1864 (13 Stat. L. 356).
Approved August 15, 1953
Statutory text
AN ACT
Validating certain conveyances heretofore made by Central Pacific Railway Company, a corporation, and its lessee, Southern Pacific Company, a corporation, involving certain portions of right-of-way, in the county of Alameda, State of California, acquired by Central Pacific Railway Company under the Act of Congress approved July 1, 1862 (12 Stat. L. 489), as amended by the Act of Congress approved July 2, 1864 (13 Stat. L. 356).
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the conveyances hereinafter particularly described and heretofore, executed by Central Pacific Railway Company, a corporation, and its lessee, Southern Pacific Company, a corporation, involving certain lands or interest therein, in the county of Alameda, State of California, and forming a part of the right-of-way of said Central Pacific Railway, Company, granted by the Government of the United States of America by an Act of Congress, approved July 1, 1862, 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” (12 Stat. L. 489), and by said Act as amended by Act of Congress, approved July 2, 1864, entitled “An Act to amend an 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” (13 Stat. L. 356), are hereby legalized, validated, and confirmed, as far as the interest of the United States is concerned, with the same force and effect as if the land involved therein had been held at the time of such conveyances by the corporations making the same under absolute fee-simple title.
The conveyances recorded at the office of the county recorder of Alameda County, California, in books of official records, which are hereby legalized, validated, and confirmed are as follows:
1.
Deed dated May 9, 1947, between Central Pacific Railway Company, a corporation, and its lessee, Southern Pacific Company, a corporation, to George F. Tubbs, recorded May 29, 1947, in liber 5084, page 65, official records.
2.
Deed dated February 24, 1947, between Central Pacific Railway Company, a corporation, and its lessee, Southern Pacific Company, a corporation, to Occidental Stove Company, a corporation, recorded March 20, 1947, in liber 5029, page 86, official records.
3.
Deed dated December 7, 1943, between Central Pacific Railway Company, a corporation, and its lessee, Southern Pacific Company, a corporation, to Edna S. Overacker, a widow, recorded January 4, 1944, in liber 4437, page 470, official records: Provided, That such legalization, validation, and confirmation shall not in any instance diminish said right-of-way to a width less than fifty feet on either side of the center of the main track or tracks of the said Central Pacific Railway Company as now established and maintained: Provided further, That nothing herein contained is intended to or shall be construed to legalize, validate, or confirm any rights, titles, or interests, based upon or arising out of adverse possession, prescription or abandonment, and not confirmed by conveyances heretofore made by Central Pacific Railway Company and its lessee, Southern Pacific Company: And provided further, That there shall be reserved to the United States all oil, coal, or other mineral in the land, and the right to prospect for, mine, and remove the same under the applicable mineral land laws.
Approved August 15, 1953.