Pennsylvania Act 1978-137 — EASEMENT - BACK CHANNEL IN OHIO RIVER FOR DOCK FACILITIES

Act text

EASEMENT - BACK CHANNEL IN OHIO RIVER FOR DOCK FACILITIES
                  Act of Jul. 1, 1978, P.L. 740, No. 137              Cl. 85
                                  AN ACT

     Authorizing the Department of General Services with the approval
        of the Secretary of Environmental Resources, in the name of
        the Commonwealth of Pennsylvania to grant an easement to
        Dravo Corporation, a Pennsylvania corporation, a 9.5 acre
        tract of land within the bed of the Back Channel of the Ohio
        River situate in Neville Township, Allegheny County,
        Pennsylvania, adjacent to and having a common boundary with
        lands presently owned by the same corporation immediately
        adjacent to and to the north thereof and granting a license
        in the riverbed of the Ohio River to the municipal authority
        of the Borough of West View, Allegheny County, Pennsylvania.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Department of General Services, with the
     approval of the Secretary of Environmental Resources, acting on
     behalf of the Commonwealth of Pennsylvania, is hereby authorized
     to grant an easement, for the consideration of $1 to Dravo
     Corporation, a Pennsylvania corporation, with executive offices
     in the city of Pittsburgh, Allegheny County, Pennsylvania, its
     successors and assigns, a 9.5 acre tract of land, more or less,
     within the bed of the Back Channel of the Ohio River in Neville
     Township for the purpose of constructing dock facilities at
     approximately mile 7.5. The 9.5 acre tract, more or less, is
     described as follows:
        All that certain tract of land situate in Neville Township,
     County of Allegheny, and Commonwealth of Pennsylvania, being
     portions of Lot Nos. 17, 18, 19, 20 and 21 in the Ohio River
     Back Channel Plan of Lots, laid out by R. A. Phillips, which
     plan of lots is recorded in the Recorder's Office of Allegheny
     County, Pennsylvania, in Plan Book Special, Page 6, said
     portions of said lots being more particularly bounded and
     described as follows, to-wit:
        Beginning at a point in the Back Channel of the Ohio River at
     the dividing line between Lot Nos. 21 and 22 in said plan and at
     the intersection of said dividing line with the southerly line
     of said Ohio River Back Channel Plan of Lots; thence along said
     dividing line between Lot Nos. 21 and 22 north 14 degrees 9
     minutes 20 seconds east a distance of 320 feet, more or less, to
     a point on the southerly shore of Neville Island, at the normal
     Dashields pool elevation 692; thence south 80 degrees 0 minutes
     0 seconds east up said shoreline, a distance of 1450 feet, more
     or less, to the line of property now or formerly of Pittsburgh
     DeMoines Steel Company; thence south 23 degrees 50 minutes 10
     seconds west, a distance of 440 feet, more or less, to a point
     in the Back Channel of the Ohio River being the southerly line
     of said Ohio River Back Channel Plan of Lots; thence along same
     north 76 degrees 26 minutes 50 seconds west down the Ohio River
     Back Channel, a distance of 1076.85 feet, to a point; thence
     north 72 degrees 45 minutes 30 seconds east along the southerly
     line of said Ohio River Back Channel Plan of Lots a distance of
     295 feet, more or less, to the place of beginning; containing
     9.5 acres, more or less.

        Compiler's Note:  The Secretary of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. The functions of the secretary were transferred to
            the Secretary of Conservation and Natural Resources and
            the Secretary of Environmental Protection.
        Section 2.  The agreement of easement shall be executed by
     the Department of General Services in the name of the
     Commonwealth of Pennsylvania after approval by the Department of
     Justice with the concurrence of the Secretary of Environmental
     Resources.

        Compiler's Note:  The Secretary of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. The functions of the secretary were transferred to
            the Secretary of Conservation and Natural Resources and
            the Secretary of Environmental Protection.
        Section 3.  Costs and fees related to the preparation and
     recordation of the easement shall be borne by Dravo Corporation.
        Section 4.  The Department of General Services, with the
     approval of the Governor, is hereby authorized and directed on
     behalf of the Commonwealth to grant and convey to the municipal
     authority of the Borough of West View, Allegheny County,
     Pennsylvania a license revocable at will in the riverbed of the
     Ohio River as follows:
        Between Neville Island in Neville Township and Davis Island
     in Stowe Township, approximately five miles down stream from the
     confluence of the Monongahela and Allegheny Rivers in the Back
     Channel of the Ohio River.
        Being more fully described in Department of Environmental
     Resources dams and encroachments division application
     No.0277792.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
        Section 5.  The license shall be approved by the Department
     of Justice and shall be executed by the Secretary of General
     Services in the name of the Commonwealth of Pennsylvania.
        Section 6.  This act shall take effect immediately.