2012 -- S 2565 SUBSTITUTE A

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LC02080/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

TO DECLARE VALID FILLING OF CERTAIN LAND FORMERLY FLOWED BY THE

WATER OF MILL COVE IN WICKFORD HARBOR IN THE TOWN OF NORTH

KINGSTOWN

     Introduced By: Senator James C. Sheehan

     Date Introduced: February 28, 2012

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. The general assembly makes the following findings of fact:

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     (1) During the year 1955, Ralph W. Northup and Albert M. Secor, predecessors in title to

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William E. Johnson and Mary Jean Johnson, filled and dredged certain parts of an arm of Mill

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Cove in Wickford Harbor in the town of North Kingstown, Rhode Island; and

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     (2) Said filling was accomplished pursuant to certain permits issued to Ralph W. Northup

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and Albert M. Secor on August 9, 1955, by the New England division of the Army Corps of

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Engineers, and other permits issued to Ralph W, Northup and Albert M. Secor by Rhode Island

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department of natural resources, then known as the department of public works, division of

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harbors of rivers, dated August 8, 1955; and

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     (3) James P. McCarthy acquired title to the riparian upland further identified as Lots 6

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and 7 on assessor’s plat 117 in the records of the tax assessor for the town of North Kingstown

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from Ralph W. Northup on June 14, 1961; and

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     (4) James P. McCarthy and his successors in interest, Gary I. Smith and Margaret E.

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Byrne, have used the filled land consistently as part of their property since the date of filling; and

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     (5) The waterfront on the site is not now open nor accessible to public use; and

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     (6) Judicial decisions involving filled tidal lands may create a cloud upon title to the site;

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and

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     (7) The transfer, release and conveyance of the interests, if any, of the state and the rights,

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if any, of the public in the site under the public trust doctrine will not have any significant or

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adverse impact on navigation or commerce over the waters of the state or other uses of the public

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trust and such disposition will not impair the public interest in the lands and waters remaining.

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     SECTION 2. The state of Rhode Island is hereby declared to have no right, title or

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interest in any estate in land whatsoever in, or to, nor any claim against any person on account of

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said filling of Mill Cove in Wickford Harbor and said formerly flowed filled land described in the

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above described Army Corps of Engineers’ permits as “An arm of Mill Cove at Wickford in the

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town of North Kingstown, Rhode Island, on the west side of the section of Mill Cove east of

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Cedar Tree Point about five hundred (500) yards from the entrance thereto”, and comprising a

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certain parcel of land with buildings, floats, pilings, ramps and locks along with other

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improvements situated on the southwesterly side of an arm of Mill Cove bounded and described

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as follows:

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     PARCEL A. – Beginning at a point (drill hole) on the southeasterly corner of Parcel “A”,

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then running westerly 88°53’43” a distance of 58.46 feet to a point (rebar/cap); then turning

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northerly 98°12’45” running a distance of 50.64 feet to a point; then turning easterly 81°53’18”

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running a distance of 63.87 feet to a point; then turning southerly 92°43’34” running a distance of

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50.56 feet to the point of beginning. Said filled land is adjacent to land currently owned by Gary

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I. Smith and Margaret E. Byrne at 21 Esmond Avenue, North Kingstown pursuant to a deed

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recorded at Book 874, Page 263 of the Town of North Kingstown Land Evidence Records and

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further known as Tax Assessor’s Plat 117, Lot 7.

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     SECTION 3. This act shall take effect upon passage.

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LC02080/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

TO DECLARE VALID FILLING OF CERTAIN LAND FORMERLY FLOWED BY THE

WATER OF MILL COVE IN WICKFORD HARBOR IN THE TOWN OF NORTH

KINGSTOWN

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     This act would quiet title to certain filled lands abutting Wickford Harbor in the town of

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North Kingstown.

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     This act would take effect upon passage.

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LC02080/SUB A

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