|
June 2, 1908
FILED
Jan 04, 1909
KNOW ALL MEN BY THESE PRESENTS that WHEREAS the
Yosemite Valley Railroad Company, a corporation duly
organized and existing under and by virtue of the laws
of the State of California, and having its office and
principal place of business in the City and County of San
Francisco, State aforesaid, heretofore surveyed the route
of its proposed railroad following the of the Merced River a distance of 55.45 miles more or less, between a
point in Section 4, Township 5 south, Range 15 east, Mount
Diablo Base and Meridian, in Merced County, California,
from which the section corner common to sections 3, 4, 9 and
10, in said township and range, bears south 27 degrees 7
minutes east, 2017.8 feet distant, and a point in the
boundary line between sections 15 and 16 in township 3 south,
range 20 east, Mount Diablo Base and Meridian, from which the
quarter section corner common to sections 9 and 10 in the last
mentioned township and range bears north 2672.5 feet distant,
and filed with the Honorable Secretary of the Interior of
the United States of America copy of its articles of incorporation
and due proofs of its organization under the same,
and also three certain maps and field notes accompanying the
same delineating and describing the route of said proposed
railroad between the said points, all as prescribed by the
regulations concerning Railroad Right of Way over the Public
Lands theretofore established and approved by the Honorable
Secretary of the Interior under and pursuant to the Act of
Congress approved March 3, 1875, and entitled "An Act Granting
to railroads the right of way through the public lands of
the United States," and the supplement thereto contained in
the Act of Congress approved March 5, 1899, and published in
Volume 30 of United States Statutes at Large, page 1233; and
WHEREAS two of said maps were approved by the
Honorable Secretary of the Interior on the 25th day of May,
1903, and the third of said maps was approved by the Honorable
Secretary of the Interior on the 5th day of September, 1905;
and
WHEREAS said Yosemite Valley Railroad Company
has completed the construction of its said railroad and has
caused the route of the same as constructed to be surveyed by
its present Chief Engineer, Grant H. Nickerson, and has
caused a map thereof in duplicate to be prepared and to be
authenticated by the certificate of its President, Frank G. Drum,
the execution whereof is attested by its Secretary,
Julius H. Ellis, and its corporate seal thereto affixed, and
has caused its said Chief Engineer to endorse on said map
and to make and subscribe an affidavit substantially in the
form prescribed by the Honorable Secretary of the Interior,
which map is entitled "Map of the Yosemite Valley Railroad as
constructed by the Yosemite Valley Railroad Company, in
Mariposa County, California", and, together with the field
notes accompany the same, correctly shows, delineates and
describes the center line of said railroad as actually constructed
between Engineers Station number 1309 + 82.7 on the
boundary line between Merced and Mariposa Counties, in the
State of California, in section 4, township 5 south, range
15 east, Mount Diablo Base and Meridian, from which the
section corner common to sections 3, 4, 9 and 10 in the last
mentioned township and range bears south 5 degrees 21½
minutes east 1817.2 feet distant, and Engineer' s Station
number 4155 + 98.9 in section 17, township 5 south, range 20
east, Mount Diablo Base and Meridian, from which the
quarter section corner common to sections 16 and 17 in the
last mentioned township and range bears south 61 degrees
56 minutes east 597.4 feet distant; and
WHEREAS the last mentioned map and field notes
are to be filed concurrently herewith with the Register of the
United States Land Office at Sacramento, being the Land
Office for the district wherein the land Upon which the said
railroad is constructed is located; and
WHEREAS the center line of the said railroad
as actually constructed, which is the line represented and
drawn upon the last mentioned map, follows the line originally
proposed and adopted for said railroad as delineated upon the
said three maps which were heretofore approved by the
Honorable Secretary of the Interior as herein before recited
as accurately as it is practicable to construct a railroad
with the curves necessary for its practical operation,
except as follows
1. Between Engineer's Station No. 1765 + 02 in
the northeast quarter (¼) of Section twelve (12), and
Engineer's Station No. 1812 + 65.3 in Section one (1),
Township four (4) south, Range fifteen (15) east, Mount Diablo
Base an Meridian;
2. Between Engineer's Station No . 2310 + 00.9
in the south half (½) of Section twenty-two (22), Township
three (3) south, .Range sixteen (16) east, Mount Diablo base
and Meridian , and Engineer's Station No. 2532 + 74.2 in
Section six (6), township four (4) south, Range seventeen
(17) east, Mount Diablo Base and Meridian,where the railroad
as constructed between said stations is on southerly
side of the Merced River, while the line as originally
surveyed between said Stations was on the northerly side of
said River; and
3. Between Engineer's Station No. 4000 + 06.4
in section thirteen (13), township three (3) south, range
nineteen (19) east, Mount Diablo Base and Meridian, and
Engineer's Station 4045 + 59.6 in Section eighteen (18),
Township three (3) south, Range twenty (20) east, Mount
Diablo Base and Meridian; and
WHEREAS a portion of said railroad is actually
constructed between the termini above mentioned is upon
public land of the United States of America;
NOW, THEREFORE, for the purpose of fully
complying with, the Acts of Congress above mentioned and the
regulations concerning railroad rights of way over the public
lands, which have been adopted, approved and promulgated by
the Honorable Secretary of the Interior under and pursuant to
the authority vested in him by said Acts of Congress, and
for the purpose of obtaining the benefits conferred by the
said Acts of Congress and obtaining the approval by the
Honorable Secretary of the Interior of said map in duplicate
which is to be filed concurrently herewith as aforesaid, said
Yosemite Valley Railroad Company does hereby relinquish and
release unto the United States of America all land singular the
rights which it acquired under the approval by the Honorable
Secretary of the Interior of the three maps which were heretofore filed and approved as herein before recited as to the
portions of the right of way for said railroad delineated
on said maps, which have been changed and amended; provided, however, that this relinquishment and release of
rights as to the portions of said right of way amended shall
take effect only when the map of amended definite location
of right of way for said railroad, being the map which is to
be filed concurrently herewith as herein before recited, shall
have been approved by the Honorable Secretary of the Interior.
IN WITNESS WHEREOF, on this 2nd day of June,
1908, said Yosemite Valley Railroad Company has hereunto
caused its corporate name to be subscribed and its corporate seal to be affixed by its President and Secretary
thereunto duly authorized by resolution duly adopted by its
board of directors this day.
|
