Petition for Writ of Certiorari — Ciaran Paul Redmond, Petitioner v. United States
Supreme Court briefApr 3, 2019
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APPENDIX
Case: 17-50004, 01/03/2019, ID: 11139757, DktEntry: 59, Page 1 of 1
FILED
JAN 03 2019
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
No.
Plaintiff-Appellee,
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
17-50004
D.C. No.
2:15-cr-00532-SVW-2
Central District of California,
Los Angeles
v.
KIERAN PAUL REDMOND, AKA Irish,
ORDER
Defendant-Appellant.
Before: WARDLAW, BYBEE, and IKUTA, Circuit Judges.
A majority of the panel judges voted to deny appellant’s petition for
rehearing and rehearing en banc. Judges Wardlaw and Bybee voted to deny the
petition for rehearing and rehearing en banc, and Judge Ikuta voted to grant the
petition for rehearing and rehearing en banc.
The full court has been advised of the petition for rehearing en banc, and no
judge has requested a vote on whether to rehear the matter en banc. Fed. R. App.
P. 35.
Appellant’s petition for rehearing and petition for rehearing en banc, filed
December 10, 2018, is DENIED.
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FILED
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
OCT 24 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
No.
17-50004
Plaintiff-Appellee,
D.C. No.
2:15-cr-00532-SVW-2
CIARAN PAUL REDMOND, AKA Irish,
MEMORANDUM*
v.
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Argued and Submitted August 30, 2018
Pasadena, California
Before: WARDLAW, BYBEE, and IKUTA, Circuit Judges.
Ciaran Redmond appeals his convictions for assault with intent to commit
murder, assault with a dangerous weapon, and assault resulting in serious bodily
injury. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
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1.
Redmond argues the government did not provide sufficient evidence
to show the assault occurred within the “special maritime and territorial
jurisdiction” of the United States, as required by 18 U.S.C. § 7. Redmond failed to
raise this claim below, and thus we review “to prevent a manifest miscarriage of
justice, or for plain error.” United States v. Alvarez–Valenzuela, 231 F.3d 1198,
1201 (9th Cir. 2000). This standard applies despite the fact that Redmond is
challenging jurisdiction. United States v. Cruz, 554 F.3d 840, 843–44 (9th Cir.
2009). We do not need to address Redmond’s sufficiency of the evidence claim,
however, because we can and do take judicial notice that the United States
Penitentiary USP at Victorville (“USP Victorville”) is within the special maritime
and territorial jurisdiction of the United States. United States v. Smith, 282 F.3d
758, 767 (9th Cir. 2002); United States v. Gipe, 672 F.2d 777, 779 (9th Cir. 1982);
Fed. R. Evid. 201(b)(2), (d). The government provided evidence from sources
whose accuracy cannot reasonably be questioned establishing that California
conveyed and the United States accepted 1,912 acres of land in 1944. In 1999, the
United States retroceded the land to California, except for 933.89 acres, over which
it specifically retained jurisdiction to build USP Victorville. Therefore, the United
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States has special maritime and territorial jurisdiction over USP Victorville as
required by 18 U.S.C. § 7 and 40 U.S.C. § 3112.1
2.
Redmond argues that the district court erred by instructing the jury
that it must find he acted with the “intent to kill” for the assault with intent to
commit murder charge. He also argues the court erred in instructing the jury that
the “[u]se of force is justified when a person reasonably believes that it is
necessary.” “When the defendant himself proposes the jury instruction he later
attacks on appeal, review is denied under the ‘invited error’ doctrine.” United
States v. Guthrie, 931 F.2d 564, 567 (9th Cir. 1991). Redmond jointly proposed
these instructions and cannot now challenge them on appeal. United States v.
Cain, 130 F.3d 381, 383 (9th Cir. 1997); see also United States v. Hui Hsiung, 778
F.3d 738, 747 (9th Cir. 2015).
3.
Redmond argues that the district court erred in ordering consecutive
sentences for one course of assault. We review the interpretation of a statute and
the imposition of consecutive sentences de novo. United States v. Cabaccang, 332
F.3d 622, 624–25 (9th Cir. 2003); United States v. Sonners, 202 F.3d 280 (9th Cir.
1999). To determine whether a court may impose consecutive sentences, we apply
1
The government’s motion to take judicial notice of special maritime and
territorial jurisdiction, Dkt. No. 27, is therefore denied as moot.
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the test in Albernaz v. United States, 450 U.S. 333 (1981). See United States v.
Duron, 21 F.3d 1116 (9th Cir. 1994). Under Albernaz, we first determine whether
“each provision requires proof of a fact which the other does not” under
Blockburger, which creates a presumption that multiple punishments are
permissible. Albernaz, 450 U.S. at 339–40; Blockburger v. United States, 284 U.S.
299, 304 (1932). Second, we consider whether legislative history evidences a
meaning contrary to the Blockburger presumption. Albernaz, 450 U.S. at 341–42.
Third, we determine whether, in the absence of congressional intent, there is an
ambiguity in the statute, and thus we should apply the rules of statutory
construction. Id. at 342–43; see Barber v. Thomas, 560 U.S. 474, 488 (2010).
Assault with intent to commit murder, assault with a deadly weapon, and assault
resulting in serious bodily injury each require proof of a fact that the others do not,
creating a presumption that consecutive sentences are permissible. 8 U.S.C.
§ 113(a)(1), (3), (6). The statute is not ambiguous, and there is no evidence of a
contrary meaning.
AFFIRMED.
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FILED
United States v. Redmond, No. 17-50004
OCT 24 2018
Ikuta, J., dissenting
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
The government provided a copy of a letter dated August 16, 1944, from the
United States War Department to the Governor of California, stating that the
United States “accepts exclusive jurisdiction over all land acquired by it for
military purposes within the State of California, title to which [illegible] in the
United States and over which exclusive jurisdiction has not heretofore been
obtained.” The other documents presented by the United States, however, fail to
establish that the land underlying USP Victorville was part of this general
acceptance of jurisdiction. Therefore, we lack authority to take judicial notice that
USP Victorville is within the special territorial and maritime jurisdiction of the
United States. See Fed. R. Evid. 201(b)(2). Because the government has failed to
satisfy the jurisdictional element of the offense of conviction, I would vacate the
conviction.
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GRAY DAVIS, Governor
STATE OF CALIFORNIA
PAULO. THAYER, Executive Officer
CALIFORNIA STATE LANDS COMMISSION
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-6202
001 ~; : ;
(918) 574-1800
from Voice Phone 1-800-735°2929
Contact Phone: (916} 574-1829
contact FAX: (916} 574-1855
;_'.Jilli
OFFICE or GW~is ..~ G{)U;;:;a
COMMERCIAL LAW BRANCH
FAX (918) 574-1810
Galifomla Rolay SorviC6 From TDD Phone 1-800-73S-2922
September 27. 2002
File Ref: W25425
Mr. George Younger
Bureau of Prisons
320 Frist Street, NW-Room 900
Washington. DC 20534
Re: Jurisdiction at the Bureau of Prisons Facility, Victorville, California
Dear George:
Pursuant to your request. I am providing a summary and opinion on the
jurisdictional status of the Bureau's facility in Victorville, California!. As you know, this
facility occupies of a portion of the lands comprising the now closed George Air Force
Base. The air base was quite large and so my letter is addressed only to those lands
now occupied by the Bureau. That is portions of Sections 25, 26, and 35 and all of
Section 36, Township 6 North, Range 5 West, San Bernardino Base and Meridian.
According to information in the Commission's files George Air Force Base was
established in the eariy 1940s and land was acquired both by condemnation and
purchase. Acquisitions were typically assigned tract numbers. The following tract
numbers represent acquisitions in the above referenced sections: 16 - 22. 32 - 33, 35
- 37, 40 and 42.
Tracts 20, 21, 22, 36, 37, and 40 were acquired under Declaration of Taking #1
in Civil# 2249. Y. The DT was filed on July 31, 1942 and was recorded on October 2,
1942 as Document 62 in Book 1556, Page 192, Official Records of San Bernardino
County.
Tract 17 was acquired under Declaration of Taking #2 in Civil # 2249 - Y. The
DT was filed on July 28, 1942 and was recorded on August 17, 1943 as Document# 93
in Book1630, Page 11, Official Records of San Bernardino County.
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Mr. George Younger
September 23, 2002
Page2
Tract 16 was acquired from John C. Sutherland et al. by deed dated August 14,
1942 and recorded as Document# 27 in Book 1552, Page 290. Official Records of San
Bernardino County.
Tract 18 was acquired from William Neece and Louise Neece by deed dated
October 7, 1942 and recorded as Document# 25 in Book 1565, Page 176, Official
Records of San Bernardino County.
Tract 19 was acquired from Nita Belle LeHane et al. by deed dated August 22,
1942 and recorded as Document #42 in Book 1556, Page 87, Official Records of San
Bernardino County.
Tract 32 was acquired from Maisie M Cummings and Edwin F Cummings by
deed dated August 12, 1942 and recorded as Document# 9 in Book 1542, Page 410,
Official Records of San Bernardino County.
Tract 33 was acquired from Emily M Courtney by deed dated August 7, 1942 and
recorded as Document# 58 in Book 1542, Page 419, Official Records of San
Bernardino County.
Tract 35 was acquired from Char1es Rogers and Leatrice Rogers by deed dated
August 26, 1942 and recorded as Document# 50 in Book 1560, Page 439, Official
Records of San Bernardino County.
Tract 42 was acquired from Jack L. Loop and Dorothy Loop by deed dated
August 3, 1942 and recorded as Document # 30 in Book 1554, Page 103, Official
Records of San Bernardino County.
At the time of these acquisitions, the State of California had in effect Chapter
710, StaMes of 1939 that amended California Political Code Section 34 a consent to
purchase statute. The effect of Chapter 710 was to cede all of California's legislative
jurisdiction to the United States saving and excepting the right of taxation and the
service of civil and criminal process.
Pursuant to 40 United States Code 255, California's cession was not effective
until and unless the United States accepted the cession by letter to the Governor of
California. During World War II, the Department of War issued "blanket letters of
acceptance of jurisdiction" covering multiple federal facilities. By letter dated September
29, 1944 the United States accepted legislative jurisdiction over the Victorville Army Air
Field and the Victorville Bombing Ranges as detailed in a letter dated August 16, 1944.
Copies attached.
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Mr. George Younger
September 23, 2002
Page3
Also in effect during this time period was California Government Code Section
120 which required California's Governor to file the United States' acceptance with the
county recorder in the county in which the property was located. There is no
information in the Commission's files to indicated whether this action was taken.
However, we presume that it was.
Absent information to the contrary, it is our opinion that, based on the information
in the Commission's files, the United States obtained partial jurisdiction over Sections
25, 26, 35 and 36 in 1944.
By letter dated April 23, 1999 the United States Department of the Air Force
requested the State of California to accept a retrocession of all partial legislation at
George Air Force Base excluding Tract K then occupied by the Bureau of Prisons. The
State Lands Commission took the requisite actions required by Government Code
Section 113 and accepted the retrocession on September 3, 1999. A copy of the
Commission's action was filed with the San Bernardino Recorder and it was recorded
on September 21, 1999 as Document No. 19990396429. There are no other
retrocessions of record in the Commission's files.
In summary, it is the opinion of this office that the United States acquired partial
legislative jurisdiction over the lands now occupied by the Bureau of Prisons in 1944
and that it retains such jurisdiction presently. The 1999 retrocession was not applicable
to the Bureau's lands as they were specifically excluded from the Commission's
acceptance of the retrocession.
Sincerely,
~E~REY
Senior Staff Counsel
Enclosures
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Recorded in
Offie!a! Records, County of
San Bernardino, Larry Walker. Recorder
No Fee
Doc No. 19990396429
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
ST ATE OF CALIFORNIA
ST ATE LANDS COMMISSION
100 HOWE AVE. SUITE 100 SOUTH
SACRAMENTO, CA 95825
0B:59arn 09/21/99
A11"N: LEGAL UNIT
205 40204725 01 1S
TELEPHONE: (916) 574-1850
STATE OF CALIFORNIA •
OFFICIAL BUSINESS
DOCUMENT EN"nTLED TO FREE
RECORDATION
PURSUANT TO GOVERNMENT CODE
SECTION 27383
s_
NON ST
lN
svr
CIT .co
6_
TRAIIS TAX
DA
Clla&
RETROCESSION OF LEGISLATIVE JURISDICTION
Califomia Government Code Section 113
WHEREAS the United States acting by and through the Department of the Air Force has requested that
the State of California accept a retrocession of partial legislative jurisdiction over portions of the lands
comprising former George Air Force Base, San Bernardino more specifically described in Exhibit A hereto ;
and
WHEREAS the California State Lands Commission, pw-suant to California Government Code Section
113, has been authorized by the California State Legislature to accept such a retrocession of jurisdiction; and
WHEREAS the Executive Officer of the State Lands Commission has been authorized by the
Commissioners to execute this instrument;
NOW, THEREFORE, I, Paul D. Thayer, Executive Officer oft.he California State Lands Commission
hereby cenify that the Commissioners for the California State Lands Commission met on September 3, 1999
and accepted a retrocession of partial legislative jurisdiction from the United States over portions of those lands
comprising George Air Force Base. A copy of the Commission's Agenda Item No. C62 describing the terms
and conditions of the cession is attached hereto as Exhibit B.
PAUL D. THAYER. EXECU'tIVE OFFICER
CALIFORNIA STATE LANDS COMMISSION
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,.
EXHIBIT A
GEORGE AIR FORCE BASE, SAN BERNARDINO COUNTY
Legat Description For
Retrocession of Legislative Jurisdiction
PARCEL 1: PERIMETER DESCRIPTION
That certain real property in the County of san Bernardino, State of Calitomia, situatea in Township 6
North, Range 5 West, San Bemardino Base and Meridian, described as follows:
Commencing at a brass-cap monument stamped "L S. 3009", set for the Northeast comer of Section 25
of said township and range; thence South 89° 15'
West. 422.31 feet along the Section Line common
to Sections 24 and 25 to the True Point of Beginning; thence South o• 00'
West, 284.33 feet; thence
South 2s0 oo· 56" East, 589.95 feet thence South 7• 45' 52" East. 1089. 16 feet to a point on the East line
of the Northeast 1/4 of said Secuon 25: thence South~ 20' 03" East. 800.68 feet to a County Surveyor's
brass cap set for the East 1/4 comer of said Section 25: thence Southwesterly along a line which passes
through a point in the South line of said Section 25 distant Westerly 350 feet, measured along said south
line, from the Southeast comer of said Section, a distance of 1894 feet, more or less, to an intersection
with the Northerly line of the VictorviUe-Adelanto Road, 80 feet wide; thence Southwesterly along said
Northerly line 440 feet, more or less, to the West line of the East half of the Southeast quarter of the
Southeast quarter of said Section 25; thence southerly along said West line 83 feet more or less, to the
Southerly line of said road: thence Northeasteny along said Southerly line a distance of 427 feet, more· or
less, to the line hereinabove referred to as passing through a point in the South ~ne of said Section 2S,
distant Westerly 350 feet from the Southeast comer of said Section: thence Southwesterly along said line
729 feet more or less, to said point in the South line of Section 25: thence Easterly along the line
common to said Section 25 and 36, 350 feet. more or less. to the Northeast comer of Section 36, thence
Southerly along the East line of Section 36 to the Southeast comer thereat. thence Westerly along the
South line to Section 36 to the comer common to Section 36 and 35; thence Westerly along the South
line of said Section 35 to the South 1/4 corner thereof, thence Northerly along the West line of the of the
Southeasterly 1/4 of Section 35 to the Northwest comer of said 1/4 Section: thence Northerly along the
West line of the Northwest 1/4 of said Section 35 to the Northwest comer thereof; thence Westerly along
the Section line common to Sections 26, and 35 to the comer common to Sections 26, 27, 34, and 35;
thence Northerly along the Westerly line of the Southwest 1/4 of Section 26 to the Northwest comer of
said 1/4 Section: thence Easterly along the North line of the Southwest 1/4 to the Northeast comer of
Southwest 1/4 of said Section 26; thence Easterly along the North line of the Southeast 1/4 of Section
26 to the Northeast comer of Southeast 1/4 of said Section 26: thence North along the West tine of the
Northwest 1/4 of Section 25 to the comer common to Section 23, 24. 25. and 26; thence Easterly along
the North tine of said Northwest 1/4 to the Northeast comer of the Northwest 1/4 of Section 25; thence
Easterly along the North line of the Northeast 1/4 of Section 25 to the TRUE POINT OF BEGINNING.
4r
1s·
Excluding therefrom the following described lands:
CORPS OF ENGINEERS TRACT:
ASSESSOR PARCELS:
OWNER:
AREA:
PROJECT:
LOCATION:
--
Parcel ·1<9 of George Air Force Base
459-204-02, Portions of459-191-46, 459-191-54 and
459-211.()4
Un~ed States of America (Department of Justice,
Federal Bureau of Prisons)
933-89± acres (1.46 ± square miles)
BRAC, George Air Force Base
Vrctorville (San Bernardino Co.}, CA
LEGISLATIVE JURISDICTION
FEDERAL CORRECTIONAL INSmUTION
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VICTORVILLE. CALIFORNIA
LEGAL DESCRIPTION
Those portions of Sections 25, 26, 35 and 36 of Township 6 north Range 5 West of the
San Bernardino Base & Meridian. in the City ofVictorviUe. County of San Bernardino,
State of California as shown on a map of Record of Survey No. 95-079075 dated March
6, 1995, surveyed in October 1994 by Roger 0. Glidden. PLS 3462. for Berger/Abam
Engineers, recorded March 15, 1995, in Book 102, Page 27, of Records of Surveys of
said county (hereinafter ~said Glidden survey"), more particular described as follows:
BEGINNING at a 2-inch iron pipe with tag "LS 3462" marking the intersection of the sou1herly right-of-way
(hereinafter "R/W') line of Air Base Road (formerly VictoMlle-Adelanto Road}. 40-foot half-width. with a
northerly prolongation of the west line of the east half of said Section 35, per said Glidden survey:
1. THENCE easterly along said southerly R/W line, North 89° 32' 12• East, 2618-63 feet to a 2-ineh iron
pipe with tag "LS 3462" marking its intersection with the westerly R/W line of Nevada Avenue, 100 feet
wide. per said Glidden survey, said westerly R/W line being parallel with and 50.00 feetwesterty.
measured at right angles, from the east line of said. Section 25;
2. THENCE southerly along said westerly R/W line, South 000 32' 33• West. 92.35 feet to a 2-inch iron
pipe with tag "LS 3462· marking its intersection with the north line of said Section 35 and the southerly
R/W line of Nevada Avenue, per said Glidden survey;
3. THENCE easterly along said north line of said Section 35 and said southerty RIW line of Nevada
Avenue. South 89° 34' 54" East, 50.00 feet to a 2-inch iron pipe County Surveyor Monument (hereinafter
~csM~) marking the northeast corner of said Section 35, per County Surveyor Field Book (hereinafter
~csFCj No. 486, page 4:
4. THENCE easterly along the north line of said Section 38 and southerly RIW fine of said Nevada
Avenue, North 69° 56' 42" East 50.00 feet to a 2-ineh pipe with the tag "LS 3452• maJking its inte~on
wlth the easterly RNV line of said Nevada Avenue, per said glidden survey. said easterty RMI line being
parallel with and 50.00 fee<:J easterly, measured at right angles, from the said easterly line of satd Section
25;
S. THENCE northerly along said easterly R/W line, North 00° 22' 33• East 93.48 feet to a 2..jnch iron
pipe with tag "LS 3462" marking its Intersection with the southerly R/W Line of said Air Base Road, per
Glidden survey;
6. THENCE easterly along said southerly R!W line of Air Base road, Nortn io0 32' 12· East, 1410.49 feet
to a 2-inch iron pipe with tag "LS 3452•:
7. THENCE. continuing along said southerly RN</ line, at right angles to last~id course, South 00° 27'
48n East, 10.00 feet to a 2-inch iron pipe with tag ·Ls 3462" marking the beginning of a non-tangent
curve. concave southwesterly. having a radius of 2950.00 feet (a Tadial line to the beginning of said curve
bears North QOD 27' 48" West:
8. THENCE. continuing along the southerly Rm line of said Air Base road, now of SO-foot half.width,
and along said cuive. through a central angle of23° 31' 30·. an arc distance of 1211.24 feet, more or
less, to a 2-inch iron pipe with tag "LS 3462" marking a Point of tangency {at an arc distance cf 766.13
feet, more or less, this course intersects the north line of said Section 36):
- - - · - -··-.-----·-.
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9. THENCE. tangent to last-said curve. southeasteriy along the south-easterly RJW line of said AJr Base
Road, South 66° 56' 18" East. 2907.90 feet to a 2-inch iron pipe with tag "LS 3462" marking its
intersection with the east line of said Section 36, per said Glidden survey;
10. THENCE, leaving said Air ease Road Rfo.N. southerly along said east line of said Section 36, per
CSFB No. 370, page 57;
11. THENCE, continuing southerly along said east line of said Section 36, South 00° 18' 35· East to a 2·
inch iron pipe CSM marking the southeast comer of said Section 36, per CSFB No. 370, page 57:
12. THENCE westerly along the south line of said Section 36, South 89° 33' 52" West, 2650.59 feet to a
1Y.-inch iron pipe CSM marking the south quarter comer of said Section 36. per CSFS no. 370, page 10;
13. THENCE, eontinuining westerly along said south line of said Section 36, South 89° 33' 55" West.
2650-40 feet to a 2-inch iron pipe CSM marking the southwest comer of said Section 36 and the
southeast comer of said Section 35, Per CSFB No. 370, page 11;
14. THENCE westerly along the south tine of said Section 35, South 89° 59' 56" West 2654.1 Ofeet to a
1~-inch iron pipe CSM marking the south quarter comer of said Section 35, per CSFB No. 370, page 11:
15. THENCE northerty along the west tine of the east half of said Section 35, North 00° 32 · 2s~ Wes~
5330-56 feet to a 1~-inch iron pipe CSM marking the north quarter comer of said Section 35, per CSFB
No. 486, page 3;
16. THENCE, northerly along the northery prolongation of said west Une, North OD° 32' 26" West. 52.07
feet to the POINT OF BEGINNING:
17. and containing 933.89 acres of land. more or less;
18. and the basis-of-bearings for the description above is that of said Glidden survey, being a bearing of
North 00° 37' 59• West (Califomia State Plane Coordinate System, NAO 1927, Zone V) between George
Air Force Base Monuments U.S.C.E. 15.J and U.S.C.E. 12.J, as shown on Department of the Air Force
Tactical Air Command map entitled "Record of Survey, George AF.B. Bouncta,y•: distances shown are
ground distances.
END OF DESCRIPTION
PARCEL 2: RAILROAD SPUR
COE ACQUISITION TRACTS:
ASSESSOR PARCELS:
AREA:
PROJECT/REMIS CODE:
LOCATION:
DOCUMENT:
CESPL-RE-PC FILE:
-.
1 thru 15 incl., 59, 60, 61, Segment 1A
472-091-05, -Cl6. 472-101-01, -02, -06, -07,
472-111.Q4, 472-151-04, 472-161-0S, ·11,
472-122-05, -06, ..()7.
29.24± acres, total Parcels 1 & 2
George Air Force Base
Victorville, San Bernardino Co., CA
208-M-43
RETROCESSION OF PARTIAL FEDERAL LEGISlATIVE
JURISDICTION, RAILROAD SPUR DESCRIPTION
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THOSE CERTAIN PARCELS OF LAND situate in the City of Victorville, County of San
Bernardino, State of California, in Sections 31 and 32, Township 6 North. Range 4
West, San Bernardino Base & Meridian, being a strip of land of varying widths, the rightof-way (hereinafter "RN./') of that trackage formerly known as the MU.S.D.F. Railroad",
also formerty known as the "Victorville Army Frying School Railroad", as shown on
CESPL-RE Drawing No. 208-FP-1.1, Sheet 2 of 6, titled" GEORGE AIR FORCE BASE.
SEGMENT '1A'", dated 5 December 1950, revised 25 March 1963, and as shown on
CESPL-RE Drawing No. 208-M-25, Sheet 2 of 6, titles .. SEGMENT '1A', GEORGE AIR
FORCE BASE, JURISDICTION", copies of which are on file in the Real Estate Division,
U.S. Army Engineer District. Los Angeles, described as follows:
Parcel 1: COE Tract 1. Segment 1A
That portion of the southeast quarter of the northeast quarter SEY.NE~ distant South
25.54 feet along said west line from the northwest comer of said SEXNEYc: THENSE
the following eight (8) courses, distances and curves numbered (1) through (8) below:
(1) South 131.58 feet along said west line.to a point in a non-tangent curve, concave
southwesterly, having a radius of 714.489 feet. a radial line to said point bearing North
09° 24' 13" East;
(2) Southeasterly along said curve through a central angle of 22° 45' 39•, an arc
distance of 283 .83 feet, more or fess, to a point of tangency;
(3) Tangent to said curve, South 57° 50' 09• East. 100.50 feet to the beginning of a
tangent curve to the right. concave southwesterfy, having a radius of 905.366 feet;
(4) Southeasterly along aid curve through a central angle of 18° 52' 20'", an arc distance
of 298.21 feel more or less, to a point in the westerly right-of-way (R/W') line of the
Atchison, Topeka & Santa Fe Railway Company (AT&SF), 200 feet wide, a radial line to
said point bearing North 51 ° 02' 11" East;
(5) North-northwesterly along said AT&SF Rm line, 250 feet, more or less, to an
intersection with a southeasterly prolongation of a line parallel with and 80 feet
northerly, measured at right angles. from the course called above as "South 57° 50' 59"
East, 100.50 feet';
as·
(6) Northwesterly along said parallel Jine, North 57° 50'
West, 180 feet, more or less,
to the point of intersection with the north-northeasterly prolongation of a radial line to the
first hereinabove mentioned curve;
(7) North-northeasterly along said prolonged radial line, North 32° 09' s1 • East, 50 feet
to the beginning of a non-tangent curve, concave southwesterly and concentric with
said first-mentioned curve and having a radius of 944.489 feet.
(8) Northwesterly along said concentric curve through a central angle of 24° 13' 06'", an
arc distance of 356.96 feet, more or less. to th_e POINT OF BEGINNING;
And containing 1.47 acres of land, more or less.
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Parcel 2: COE Tracts 2 thru 15 incl., 59, 60, 61. Segment 1A.
Those portions of said Sections 31 and 32 within the following described boundary:
BEGINNING at the west quarter comer of said Section 31: THENCE the following sixty~
three (63) courses, distances and curves numbered (01) through (63) below:
(01) northerly along the west line of said Section 31, North 00° 03' 10" West. 103.22
feet to a point in the northerly boundary line of a strip of land described in deed to the
United States of America recorded in Book 1511, Page 32 of Official Records
(hereinafter "O.R. 1511132" of said county;
(02) easterly along said northerly boundaty, South 82° 52' 29" East, 1259.98 feet to
the beginning of a tangent curve to the left, concave northwesterly. having a radius of
523.686 feet:
(03) northeasterly along said curve through a central angle of 82° 05' 30", an arc
distance of 750.32 feet, more or less, to a point of tangency:
(04) tangent to last-said curve. North 15° 02' 01· East, 471.72 feet to the beginning of
a tangent curve to the right, concave southeasterly, having a radius of 869.02 feet and
total central angle of 74° 56' 07'';
(05) northeasterly along said curve through a central angle of 44° 29' 05·-, an arc
distance of 674.71 feet, more or less, to the most northerly comer of said strip of land
described in O.R. 1611/32 and cited in Call (01) above;
(06) continuing northeasterly along said curve through a central angle of 30° 27' 02",
an arc distance of 461-85 feet, more or less, to the end thereof:
(07)
as·
North 89° 58'
east, 853.34 feet to the beginning of a tangent curve to the
right, concave southwesterty, having a radius of 1005.366 feet;
(08) southeasterly along said curve through a central angle of 42° 13' 49", an arc
distance of 741.01 feet, more or less, to a point of tangency;
(09} tangent to last said curve. South 47° 48' 03" East, 576-90 feet to the beginning
of a tangent curve to the left, concave northerly, having a radius of 523-686 feet and a
total central angles of 116° 14' 01";
(10) southeasterly and easterly along last-said curve through a central angle of 56°
17' 35", an arc distance of 514.52 feet, more or less, to the intersection of said curve
with the section lien common to said Sections 31 and 32, said intersection being
distance South 00° 07' 55" East, 704.60 feet from the northeast corner of the southeast
quarter of the northeast quarter (SE%NE!4) of said Section 31;
(11) continuing northeasterly along last-said curve through a central angle of 59° 56'
26", an arc distance of 547.86 feet, more or less, to a point of tangency;
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(12) tangent to last-said curve, North 15° 57' 56" East, 203.05 feet to the beginhing of
a tangent curve to the right, concave southeasterly, having a radius of 623.686 feet
(13) northeasterly along said curve through a central angle of 59° 18' 33", an arc
distance of 645.60 feet to the northwest corner of the parcel of land described in a deed
to the United States of America recorded in Book 1570, Page 452 of Official Records of
said county;
(14) easterly along the north line of said parcel of land North 89° 20' 23" East, 445.02
feet to the east line of the northwest quarter of the northwest quarter (NWANW1A) of
said Section 32;
(15)
northerly along said east line North 00° 07' 15" West, 20.00 feet;
( 16) North 89° 05' 1 O" East, 244. 05 feet to the beginning of a tangent curve to the left,
concave northwesterly, having a radius of 905.366 feet;
(17) northeasterly along said curve through a central angle of 23°
distance of 376.84 feet, more or less, to a point of tangency;
{18)
so· 54·. an arc
tangent to last-said curve, North 65° 14' 16a East, 127.02 feet to the beginning to
a tangent curve to the right, concave southeasterly. having a radius of 623.686 feet;
(19) northeasterly along said curve through a central angle of 07° 30' 38. an arc
distance of 81.76 feet to a point of intersection with a radial line of a non-tangent cu,ve,
concave southeasterly, concentric with last above-mentioned curve, having a radius of
703.686 feet.
(20) north-northeasterly along said radial line, North 17° 15'
said concentric curve;
os· west, 80.00 feet to
(21) easterly along said curve through a central angle of 27° 17' 40 11 , an arc distance
of 335.22 feet, more or less, to a point in the westerly RN./ line of Turner Road, 50 feet
wide (formerly the Victorville-Adelanto Road);
(22) continuing easterly along last-said curve through a central angle of 04° 24- 58",
an arc distance of 54.24 feet to a point of tangency;
2a·
East, 42.24 feet, more or less, to
(23) tangent to last-said curve, South 75° 32'
intersect the easterly R/W line of said Turner Road;
(24) north-northwesterly along said easterly line, North 20° 44' 13" West, 85.66 feet,
more or less, to the northwesterly comer of that certain Tract No. 6 described in
Declaration of Taking recorded in O.R. 1573/42:
(25) east-southeasterly along the northerly line of said Tract No. 6 and a prolongation
thereof. South 75° 32' 28" East. 288.99 feet to the westerly R/W line of State Highway
No. 18, 100 feet wide (also known as National Trails Highway and Historical U.S.
Highway 66);
(26) south-southeasterly along said westerly R/W line, 75.97 feet to the beginning of a
tangent curve to the left, concave east-northeasterly, having a radius of 2050 feet;
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{27) southeasterly along said curved through a central angle of 91° 36' 26.6", a·n arc
distance of 57.51 feet, more or less, to a point of intersection with a line bearing North
75° 32' 28" West from the northwesterly comer of that certain Tract No. 4 described in
said Declaration of Taking, O.R.1573/42, a radial to said point of intersection bearing
South 77° 05' 32.4" West
(28) east-southeasterly along said line, South 75° 32' 28" East, 113.05 feet, more or
less, to the said northwesterly comer of Tract No. 4, said northwesterly comer also
being a point in the easterly Rf\N line of said State Highway No. 18;
(29) continuing South 75° 32' 28" East. 6.73 feet (record 6.92 feet per O.R. 1573/42)
to the beginning of a tangent
cuive to the right, concave southwesterly, ·having a
radius of 653.686 feet;
s.n°±
(30) southeasterly along said curve through a central angle of 18° 30' 57". an arc
distance of 211.25 feet, more or less, to a point of tangency;
(31) tangent to last-said curve, South 37° 01· 31" East, 367.78 feet to the beginning of
a tangent curve to the left, concave northe_asterty, having a radius of 801.946 feet;
(32) southeasterly along said curve through a central angle of 22° 16' 53\ an arc
distance of 311.86 feet. more or less, to the most easterly comer of said Tract No. 4,
being also a point in the south line of the NW1hNEY. of said Section 32;
{33) East 220.18 feet along said subdivision south line to the northeast comer of the
southwest quarter of the northeast quarter (SW'!.NEX) of said Section 32:
{34) South 157.12 feet along the east line of said SW1/.NEX to a point in a nontangent curve, concave southwesterly, having a radius of 714.489 feet, a radial to said
point bearing North 09° 24' 13" East, said point also being the south end of the west line
of Parcel 1: COE Tract 1, Segment 1A, described above:
(35) nor:tt,westerty along last-said curve through a central angle of 03° 43' 59" (rec.
03° 46' 40"), an arc distance of 46.55 feet (rec. 47.11 feet), more or less, to a point of
tangency;
(36) tangent to last-said cuive, North 84° 19' 46" West. 112.90 feet {rec. North 84° 22'
27" West, 116.60 feet} to the beginning of a tangent curve to the right, concave
northeasterly having a radius of 931.946 feet
(37) northwesterly along said curve through a central angle of 27° 20' 56", an arc
distance of 446. 77 feet, more or less, to a point of tangency;
(38) tangent to last-said curve, North 57° 01' 31" West. 367.78 feet to the beginning of
a tangent curve to the left, concave southwesterly, having a radius of 523.686 feet and
a total central angle of 18° 30' 68";
(39) northwesterly along said cun,e through a central angle of 10° 12' 15.8", to an arc
distance of 93.27 feet (rec. 94.75 feet), more or less, to a point of intersection with the
easterly RM/ of said State Highway No. 18, a radial to said point bearing North 22° 46'
13.2" East (rec. North 22° 36' 30" East);
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(40) continuing northwesterly along last-said curve, through a central angle of'08° 18'
41.2", an arc distance of 75.97 feet (rec. 74.49 feet), more or less, to a point of
tangency:
(41) tangent to last-said curve. North 75° 32' 28" West, 46.37 feet, more or less, to a
point of intersection with the westerly Rm line of said State Highway No. 18, being a
point in a non-tangent curve, concave northeasterly, having a radius of 2050 feet. a
radial to said point bearing South 72° 55' 07.4" West;
(42) southeasterly along said curve through a central angle of 01 ° 38' 11.4\ an arc
distance of 58.55 feet. more or less, to the most southeasterty comer of that Tract No.
5 described in said O.R. 1573/42, said comer being a point in a line that is parallel with
and 49.46 feet (rec. 50 ft) southerly, measured at right angles, from the last line-above
described as having a course and distance of"North 75° 32' 28" West. 46.37 teer. and
the westerly prolongation thereof.
2s·
(43} westerty along said parallel line, south 75° 32'
West, 185.07 feet (rec. 183.38
fee5), more or less, to a point of intersection with the easterly RMI line of said Turner
Road, said point being in a non-tangent curve, concave northeasterly, having a radius of
960.00 feet and a total central angle of 20° 50' 00", a radial to said point bearing South
51° 30' 55.8" West:
(44) northwesterly along said curve and said easterty R1W line through a central angle
of 04° 39' 12.6·. an arc distance otn.90 feet. more or less, to a point of Intersection
West, a
with the aforesaid westerly prolongation having a bearing of North 75° 32'
radial to said point bearing South 56° 10' 08.4 Wes~
2s·
(45) North 75° 32' 28" West, 114.81 feet, more or less, to a point of intersection with
the westerty R.Ml line of said Turner Road, said point being the southeasterly comer of
that Tract No. 7 described in O.R.1573/42;
(46) westerly along the south line of said Tract No. 7, North 75° 32' 28" West, 84.84
feet to the beginning of a tangent curve to the left, concave southerly, having a radius of
523.686 feet:
(47) westerly along said curve, through a central angle of 39° 13' 16", an arc distance
of 358.48 feet. more or less, to a point of tangency.
(48) tangent to last-said curve, South 65° 14' 16" West, 127.02 feet to the beginning
of a tangent curve to the right, concave northwesterly, having a radius of 1005.366 feet;
(49} southwesterly along said curve through a central angle of 23°
arc distance of 418 .46 feet to a point of tangency:
so· 54" West. an
(50) tangent to last-said curve, south 89° 05' 10" West, 245.43 feet to the southeast
comer of a parcel of land described in a deed to the United States of America in O.R.
1570/452;
(51)
westerly along the south line of said parcel, south 89° 52' 45" West. 295.13 feet
(rec. 295.02 feet);
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{52} South 79° 13' 24" West, 152.50 feet {rec. 152.58 feet) to the southwest c~imer of
land described in deed to the United States of America in O.R. 1588/134, said
southwest comer being a point in a non-tangent curve, concave southeasterly, having a
radius of 523.686 feet, a radial to said point bearing North 17° 35' 46" West;
(53) southwesterly along said curve through a central angle of 56° 26' 18", an arc
distance of 515.84 feet, more or less, to a point of tangency;
(54) tangent to last-said cuive. South 15° 57' 56" West. 203.05 feet to the beginning
of a tangent curve to the right, concave northerly, having a radius of 623.686 feet
{55) southwesterly, westerly and northwesterly along said curve through a central
angle of 116" 14' 01", an arc distance of 1265.24 feet, more or less, to a point ·of
tangency;
{56) tangent to last-said curve, north 47" 48' 03N West. 676.90 feet to the beginning of
a tangent curve to the left, concave southwesterly, having a radius of 905.356 feet:
(57) northwesterly along said curve through a central angle of 28° 30' 47", an arc
distance of 450.56 feet, more or less, to a point of intersection with the south line of the
northwest quarter of the northeast quarter (NW~NE~} of said Section 31, a radial line
to said point bearing North 13" 41' 10· East;
(58}
westerly along said south line and a westerly prolongation thereof, North S9° 48'
16" West, 1246.13 feet to a point in a non-tangent curve, concave southeasterfy. having
a radius of 769.02 feet, a radial to said point bearing North 13° 25' 02.8'" West (rec.
North 13° 25' 15" West}:
(59) southwesterly along said curve through a central angle of61° 32' 56.2" (rec. 61°
32' 44"), an arc distance of 826.11 feet (rec. 826.06 feet), more or less. to a point of
tangency:
(60) tangent to last-said curve. South 15° 02' 01 • West, 471.72 feet to the beginning
of a tangent curve to the right, concave northwesterly, having a radius of 623.686 feet;
(61) southwest~rly along said curve through a central angle of 82° 05' 30". an arc
distance of 893.60 feet. more or less, to a point of tangency;
(62} tangent to last-said curve, North 82° 52' 29" West, 1218.17 feet, more or less, to
a point of intersection with the south line of the northwest quarter {NW'~) of said Sedion
31;
(63) westerly along said south line, North 89" 46' 59" West, 20.05 feet, more or less.
to the POINT OF BEGINNING;
EXCEPTING THEREFROM so much thereof as may lie within the rights-of-way of said
Turner Road and said State Highway No. 18;
and the total of Parcels 1 and 2 described above being 29.24 acres of land, more or
less.
END OF DESCRIPTION
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'-"' .. ..,, .
u
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
100 HO'NE AVE. SUITE 100 SOUTH
SACRAMENTO, CA 95825
ATTN: LEGAL UNIT
TELEPHONE: (916) 574-1850
STATE OF CALIFORNIA· OFFICJAL
BUSINESS
DOCUMENT ENTITLED TO FREE
RECORDATION
PURSUANT TO GOVERNMENT
CODE SECTION 27383
RETROCESSION OF LEGISLATIVE JURISDICTION
California Government Code Section 113
WHEREAS the United States acting by and through the Department of the Air Force has
requested that the State of CaJifomia accept a retrocession of partial legislative jurisdiction from the
United States and establish proprietorial legislative jurisdiction over lands comprising George Air Force
Base, San Bernardino County, and
WHEREAS the California State Lands Commission, pursuant to California Government Code
Section 113, has been authorized by the California State Legislature to accept such a retrocession; and
WHEREAS the Executive Officer of the State Lands Commission has been authorized to execute
this instrument;
. NOW, THEREFORE, I, Paul D. Thayer, Executive Officer of the CaUfomia State Lands
Commission hereby certify that the Commissioners for the California State Lands Commission met on
- - - - - - - - - - - - and accepted a retrocession of partial legislative jurisdiction from the
United States and thereby established proprietorial jurisdiction over portions of those lands comprising
George Air Force Base described in Exhibit A hereto. A copy of the Commission's Agenda Item No.
C _ describing the terms and conditions of the retrocession is attached hereto as Exhibit B.
PAUL 0. THAYER, EXECUTIVE OFFICER
CALIFORNIA STATE LANDS COMMISSION
Date:_ _ _ _ _ _ _ _ _ _ _ _ _ __
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FJLE COPY
EXHIBIT
a
CALENDAR ITEM
CS2
S 17
09103/99
V\125425
A 34
Frey
RETROCESSION OF PARTIAL LEGISLATIVE JURISDICTION
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 113
AT GEORGE AIR FORCE BASE, SAN BERNARDINO COUNTY
Pursuant to Government Code Section 113 the State Lands Commission is authorized
on behalf of the State of California to accept a retrocession of legislative jurisdiction
from the United States and thereby establish state legislative jurisdiction.
BACKGROUND:
The United States exercises partial legislative jurisdiction over 1912 acres more or less
of George Air Force Base, San Bernardino County. The remainder of the facility is
under proprietary jurisdiction. By letter dated April 23, 1999 the Department of the Air
Force requested that ca1ifomia accept a retrocession of all partial legislative jurisdiction
over this acreage so as to establish uniform proprietary legislative jurisdiction over the
entire Base, excluding a portion which has been transferred to the Bureau of Prisons.
California Government Code Section 113 and the California Code of Regulations
Sections 2700 et seq. authorize the State Lands Commission to accept such a
retrocession if the following conditions are met
1.
The United States has requested in writing that the State accept a
retrocession of jurisdiction:
2.
The State lands Commission has held a public hearing to determine
whether it is in the State's best interests to accept the retrocession: and
3.
The United States has agreed to pay for the costs associated with the
retrocession process.
By letter dated April 23, 1999, the United States has made the written request for the
retrocession. The area to be retroceded encompasses all but 933.89 acres more or
less which is being transferred to the Federal Bureau of Prisons for a correctional
facility. The United States has agreed to bear the costs associated with the
retrocession. The noticed hearing was held.on August 13, 1999. No comments in
opposition to the retrocession were heard.
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CALENDAR ITEM NO. C62 {CONTD)
6.
ACCEPT THE ~ETROCESSION OF PARTIAL LEGISLATIVE JURISDICTION
AND ESTABLISH PROPRIETORIAL JURISDICTION OVER GEORGE AIR
FORCE BASE, SAN BERNARDINO COUNTY AS DESCRIBED IN EXHIBfT A
ATTACHED HERETO.
7.
AUTHORIZE THE EXECUTIVE OFFICER TO EXECUTE A DOCUMENT
ENTITLED "RETROCESSJON OF JURISDICTION" DESCRIBING THE
COMMISSION'S ACTION IN SUBSTANTIALLY THE SAME FORM AS FOUND
IN EXHIBIT B AlTACHED HERETO.
8.
AUTHORIZE THE FILING OF THE ·RETROCESSION OF JURISDICTION· WITH THE ORANGE
COUNTY' RECORDER AS REQUIRED BY GOVERNMENT CODE SECTION 113.
3
-----····
· · - - · - · · · - · ·-···--·-
--··
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.