12-LA132
2012 -- H 7627 SUBSTITUTE A
Enacted 06/23/12
A N A C T
TO DECLARE VALID
FILLING OF CERTAIN LAND FORMERLY FLOWED BY THE WATER OF MILL COVE IN
Introduced By: Representatives Ehrhardt, and Costa
Date Introduced: February 16, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. The general assembly makes the following findings
of fact:
(1)
During the year 1955, Ralph W. Northup and Albert M. Secor,
predecessors in title to
William E. Johnson and Mary
Jean Johnson, filled and dredged certain parts of an arm of Mill
Cove in
(2)
Said filling was accomplished pursuant to certain permits issued to Ralph W.
Northup
and Albert M. Secor on August
9, 1955, by the
Engineers, and other permits issued to Ralph W, Northup and
Albert M. Secor by
department of natural resources, then known as the department of
public works, division of
harbors of rivers, dated August 8, 1955; and
(3)
James P. McCarthy acquired title to the riparian upland further identified as
Lots 6
and 7 on assessor’s plat 117 in the records of the tax
assessor for the town of
from Ralph W. Northup on June 14, 1961; and
(4)
James P. McCarthy and his successors in interest, Gary I. Smith and Margaret E.
Byrne, have used the filled
land consistently as part of their property since the date of filling; and
(5)
The waterfront on the site is not now open nor accessible to public use; and
(6)
Judicial decisions involving filled tidal lands may create a cloud upon title
to the site;
and
(7)
The transfer, release and conveyance of the interests, if any, of the state and
the rights,
if any, of the public in the site under the public trust
doctrine will not have any significant or
adverse impact on navigation or commerce over the waters of
the state or other uses of the public
trust and such disposition will not impair the public
interest in the lands and waters remaining.
SECTION 2. The state of
interest in any estate in land whatsoever in, or to,
nor any claim against any person on account of
said filling of Mill Cove in said formerly flowed filled land
described in the
above described Army Corps of Engineers’ permits as “An arm
of Mill Cove at Wickford in the
town of
Cedar Tree Point about five
hundred (500) yards from the entrance thereto”, and comprising a
certain parcel of land with buildings, floats, pilings, ramps
and locks along with other
improvements situated on the southwesterly side of an arm of Mill
Cove bounded and described
as follows:
PARCEL
A. – Beginning at a point (drill hole) on the southeasterly corner of Parcel
“A”,
then running westerly 88°53’43” a distance of 58.46 feet
to a point (rebar/cap); then turning
northerly 98°12’45” running
a distance of 50.64 feet to a point; then turning easterly 81°53’18”
running a distance of 63.87 feet to a point; then turning
southerly 92°43’34” running a distance of
50.56
feet to the point of beginning. Said
filled land is adjacent to land currently owned by
I. Smith and Margaret E.
Byrne at 21 Esmond Avenue,
recorded at Book 874, Page 263 of the Town of
further known as Tax Assessor’s Plat 117,
SECTION 3. This act shall take effect upon passage.
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LC01497/SUB A
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