Pennsylvania Act 1979-81 — EASEMENT - RIVERBED OF MONONGAHELA RIVER IN GREENE COUNTY

Act text

EASEMENT - RIVERBED OF MONONGAHELA RIVER IN GREENE COUNTY
                  Act of Nov. 1, 1979, P.L. 244, No. 81               Cl. 85
                                  AN ACT

     Authorizing and directing the Department of General Services,
        with the approval of the Department of Environmental
        Resources and the Governor, to grant and convey an easement
        and right-of-way to the Belle Coal Company, concerning
        certain riverbed land in Greene 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 Department of Environmental Resources and the
     Governor, is hereby authorized and directed, on behalf of the
     Commonwealth of Pennsylvania, to grant and convey, for such
     consideration as determined by an independent appraisal obtained
     by the Department of General Services, an easement and right-of-
     way for a barge mooring and loading facility to the Belle Coal
     Company, in the following described tract of land situate in
     Jefferson Township, Greene County, Pennsylvania, bounded and
     described as follows:
        Beginning at a point along the west bank of the Monongahela
     River 3,168 feet north of Mile 67 (1,000 feet north of the
     northernmost Gateway Mooning Pier), this point being 46 feet
     riverward (east) of the normal pools shoreline (elevation
     763.0); then north, parallel to the normal pool line 175 feet to
     a point; then west 46 feet to the normal pool shoreline
     (elevation 763.0); then south along the normal pool line 175
     feet; then east 46 feet to the normal pool line to the place of
     beginning; containing 8,050 square feet, more or less. This
     tract of river bottom land is adjacent to 110.717 acres of land
     owned by the Hillman Coal and Coke Company. The Hillman Coal and
     Coke Company owns in fee simple the 110.717 acres which borders
     along the ordinary high water line which parallels the ordinary
     low water shoreline, which in this pool, (the Maxwell pool) is
     the same as the normal pool shoreline, elevation 763.0 feet.
     This 110.717 acre tract of land is recorded in the Recorder of
     Deeds Office in and for Greene County at Deed Book Vol. No.470,
     Page 553. Hillman Coal and Coke Company also owns in fee simple
     the land located between the ordinary high water mark (766.4)
     and the ordinary low water mark (763.0).
        An accurate surveyed description of the land concerning the
     easement shall be prepared by Belle Coal and shall be
     transmitted to the Department of General Services if requested
     by the Department of General Services.

        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 2.  The cost of the independent appraisal shall be
     borne by the proposed grantee.
        Section 3.  The conveyance of the easement and right-of-way
     shall be approved by the Department of Justice and shall be
     executed by the Secretary of General Services in the name of the
     Commonwealth.
        Section 4.  This act shall take effect immediately.