CHAPTER 3 - TRANSFER OF CERTAIN PUBLIC LANDS

AN ACT AUTHORIZING THE STATE HIGHWAY DEPARTMENT TO TRANSFER CERTAIN PUBLIC LANDS IN THE VICINITY OF BETHANY BEACH IN EXCHANGE FOR LANDS REQUIRED FOR THE ACTIVITIES OF THE DELAWARE NATIONAL GUARD ADJACENT TO CAMP SITE OF SAID NATIONAL GUARD AT BETHANY BEACH, DELAWARE.

WHEREAS, the State of Delaware now owns and holds title to a certain lot, piece or parcel of land situate in Sussex County, which lies between Bethany Beach and the Indian River, and borders on the Atlantic Ocean; and

WHEREAS, said lot, piece or parcel of land is held by the State of Delaware for the use and benefit of the State and is under the general supervision of the State Highway Department, with power together with the Governor, to execute and deliver good and sufficient deed for any part of the said public lands, being fifty (50) acres or less in extent, whenever the said Commission and the Governor shall deem it advisable to sell any part or all of the said lands; and

WHEREAS, the State of Delaware has secured ninety-eight (98) acres for a camp site, but it now becomes necessary to obtain more land for a rifle range; and

WHEREAS, six desirable lots, pieces or parcels of land owned by the Atlantic Coast and Inland Corporation, a corporation of the State of Delaware, consisting of one hundred and sixty-eight (168) acres, more or less, extending northward and adjoining other lands of said corporation, can be secured for such rifle range in exchange for a part of said public land, said six lots being described as follows:

Parcel No. 1. ALL That certain tract, piece or parcel of land situated in Baltimore Hundred, Sussex County, State of Delaware, lying north of the Bethany Beach Canal, and containing approximately five acres of land, more or less, and BEING that portion of a larger tract of land acquired by William P. Short by deed of Capt. William Melson and wife in 1926, which deed is duly recorded at Georgetown, Delaware.

Parcels No. 2, 3, 4 and 5. ALL That certain tract, piece or parcel of land situated in said Hundred, County and State and more fully described as follows, to-wit:

BEGINNING at a cedar post in the Salt Pond, corner for lands this day conveyed to the State of Delaware by said William P. Short and wife; thence N 25°, E 1117 feet to cedar post, corner for the Hall land; thence N 26° E 556 feet to a cedar post, corner for the West land; thence N 231/2° E 367 feet to a cedar post; thence due East 1862 feet to a cedar post at the high water mark of the Atlantic Ocean; thence along and with the Atlantic Ocean at high water mark S 23A° W 1515 feet to a cedar post; thence S 15 minutes E 485 feet to a cedar post; then leaving the Atlantic Ocean due West 820 feet to a cedar post; thence S 15 minutes E 4491/2 feet to a cedar post corner for lands this day conveyed to "The State of Delaware" by said Short and wife; thence along with one line of said lines N 711/2° W 1938 feet home to the place of BEGINNING, containing 117 acres of land, be the same more or less.

Parcel No. 6. ALL That certain tract, piece or parcel of land situated in said Hundred, County and State and more fully described as follows, to-wit:

BEGINNING at a post corner for lands of the State of Delaware and this grantor; thence East along and with Fifth Street to the United States Coast Guard Station, a distance of approximately 1000 feet; thence North a distance of approximately 1771 feet to other lands of this grantor; thence West 8° 20'; thence South 17° 53' W 18291/2 feet, containing 46 acres of land, be the same more or less; THEREFORE

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the State Highway Department be and it is hereby authorized and empowered to enter into and make an agreement with the said Atlantic Coast and Inland Corporation, its successors or assigns, which the said State Highway Department may determine to be' advisable and proper, for the conveyance of all or any part of the said lot, piece or parcel of public land belonging to the State of Delaware between Bethany Beach and the Indian River and bordering on the Atlantic Ocean, in consideration for the conveyance to the State of Delaware by the said Atlantic Coast and Inland Corporation of the said lots, pieces or parcels of land consisting of one hundred and sixty-eight (168) acres, more or less, and extending Northward to and adjoining other lands of the said Atlantic Coast and Inland Corporation.

Section 2. That the Governor and the Secretary of State of the State of Delaware are hereby authorized and empowered to execute in the name of and under the Great Seal of the State of Delaware a deed conveying unto the said Atlantic Coast and Inland Corporation, its successors and assigns, any lot, piece or parcel of land belonging to the State of Delaware as' hereinbefore described which the said State Highway Department may agree to convey as a consideration for the lots, pieces or parcels of land to be conveyed by the said Atlantic Coast and Inland Corporation to the State of Delaware.

Approved April 19, 1937.