CHAPTER 281

SEAFORD

AN ACT EXTENDING THE CORPORATE LIMITS OF THE CITY OF SEAFORD.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House thereof concurring therein):

Section 1. That it shall hereafter be lawful for the City of Seaford to extend its corporate limits so as to include all or any part of the following proposed addition to the present limits of the City of Seaford:

Beginning at a point near the center of the Seaford Milling Company's Mill Dam near where the old waste gates formerly stood, said point being marked by a monument, which is set in the road at a distance of 25 ft. from said point, and at right-angles to the first course of this description; thence running from said point N. 72° 02' W. 231 ft. to a monument; thence N. 45° 32' W. 276.5 ft. to a monument set on the prolongation of the south side of Poplar Street; thence N. 0° 32'W. and running on a course parallel with and at a distance of 473.4 ft. from the easterly line of North Street, 2,466 ft. to a monument set on the southeasterly line of the State Highway leading to Bridgeville. (NOTE: The above three courses are taken from the survey of February, 1917. They are the present City Limit lines, and no change is being made in them. The following courses are the proposed new lines.)

Beginning at a monument set at the end of the third course of the present boundaries of the City of Seaford, thence continuing on with the same course N. 0° 32' W. 49.65 ft. to the center-line of the present concrete pavement of the State Highway leading to Bridgeville; thence N. 31° 24' E. 170.8 ft. to a P. T. of a curve at station 1025.31, according to the State Highway Department survey of said highway; thence down the center of said highway N. 29° 45' E. 1,889.8 ft. to a cross cut in the pavement on the present center-line, and in line with a fence between lands of Charles Hurley, and E. C. Davis; thence down said fence line N. 76° 46' W. 821 ft. to a corner fence post; thence S. 16° 39' W. 14.6 ft. to a corner fence post; thence with a fence line between lands of J. G. Webster and lands of E. C. Davis N. 75° 48' W. 794.6 ft. to a corner fence post; thence continuing with a fence line between lands of J. G. Webster, and lands of E. C. Davis S. 10° 32' W. 1,071.4 ft. to a post at the end of a hedgerow; thence down said hedgerow and along line for lands of E. C. Davis S. 85° 22' W. 908.9 ft. to a Cherry tree standing in an angle of said hedgerow; thence continuing with said hedgerow S. 79° 21' W. 2,319.5 ft. to a cross cut in the center of the road leading to Ross Switch; thence down center-line of said road N. 12° 35' W. 190.9 ft. to a cross cut in the center of said road, and in line with a short hedgerow between lands of Lloyd F. Beard and E. C. Davis; thence down said hedgerow and continuing on in a straight line passing near the northern line of "Murral Park", and running about 10 ft. inside the southern boundary of the lands of Dr. Thomas Cottingham S. 72° 00' W. 3,469 ft. to the center-line of the State Highway leading to Wesley Church, continuing on same course S. 72° 00' W. through lands of Robert and Earl Tull 1,713.8 ft. more, or a total of 5,182.8 ft. to a stake set in the field of the said Tull's; thence S. 7° 34' E. 1,621 ft. to the center-line of the State Highway leading to Reliance, continuing on same course S. 7° 34' E. parallel to, and 25 ft. distant from a line of monuments set along the westerly side of "Westview" 2,542.5 ft. more, or a total of 4,163.5 ft. to the center-line of the C. & S. R. R.; thence down the center-line of said railroad S. 6° 49' E. 2,702 ft. to a point of a compound curve in said line; thence from said P. C. deflecting angles to the left, and measuring in 100 ft. chords to the arc, the following 443.3 ft. of distance: 0° 48' L. to sta. 1-00; 2° 22' L. to sta. 2-00; 4° 18' L. to sta. 3-00; 6° 18' L. to sta. 4-00; 7° 12' L. to sta. 4-43.3 and the center-line of Harrington Street extended. This point being S. 74° 01' E. from the said Point-of-Curve; thence down the center-line of Harrington Street extended N. 48° 22' E. 1,151.7 ft. to a cross cut in the center of the pavement at the intersection with the nineteenth (19) course of the present City boundary lines, as run in the year A. D. 1917, and 53.5 ft. from the beginning of said nineteenth course;

(NOTE: The following courses are computed from the angles turned in the 1917 survey).

thence with the present boundary lines as described in the survey of 1917, with no changes therein S. 15° 43' W. 530.5 ft. to a stone set for a corner of lands of Isaac Willin; thence S. 60° 47' E. along the westerly line of lands of said Isaac Willin, intersecting the center-line of the tract of the C. & S. R. R. at a distance of 165.8 ft. from the last named corner, and forming an angle of 122° 52' with the forward tangent as now laid down, and continuing same course an additional distance of 35.7 ft. to a stone set on the southerly right-of-way line of the C. & S. R. R. also a corner of the lands of Mrs. T. E. Willin; thence S. 65° 55' E. along the easterly side of a road (same being the line of lands of Mrs. T. E. Willin), to a Persimmon tree, a corner of lands of said Mrs. T. E. Willin 335.8 ft.; thence S. 46° 51' E. along the line of lands of C. & S. R. R. Co. and along the easterly side of above-named road to a monument 358 ft.; thence S. 21° 37' E. along the easterly side of a road to a stone set for a corner of the lands of the Delaware Shipbuilding Company 240.4 ft.; thence S. 44° 08' W. along line of lands of Delaware Shipbuilding Company to a monument on the southerly side of road 228.4 ft.; thence S. 10° 43' W. partly along line of lands of the Delaware Shipbuilding Company and lands of John Palmer, and along the southerly side of a road to a monument on the southerly side of the road 330 ft.; thence S. 5° 58' W. along line of lands of the Delaware Shipbuilding Company to a monument set for a corner of the lands of the Delaware Shipbuilding Company 275.3 ft.; thence S. 5° 53' E. along the line of the lands of the Delaware Shipbuilding Company, passing through the decayed stump of a large Sycamore tree standing at the edge of the wharf of the Allen Package Company (said tree and edge of wharf being at a distance 182.5 ft. from last-named monument) and continuing along said course to the line of low water of the Nanticoke River; thence up the said Nanticoke River to Herring Run or Clare Creek Branch; thence up the said run or branch with the several meanderings thereof Lo the Seaford Milling Company's Mill Dam, the place of beginning.

Section 2. Before the corporate limits of The City of Seaford shall be extended as aforesaid, there shall be an election held in all or any portion of such proposed addition pursuant to the provisions of Chapter 120, Volume 42, Laws of Delaware. The election shall not be called except by resolution of the City Council to that effect. In the event that the qualified voters of any particular section do not approve of its annexation to the City, this same act may be used as authority for a subsequent election or subsequent elections, but no election of this kind may be held in any particular section within two years from the last preceding election.

Section 3. If in any section of this proposed addition to the City of Seaford a majority of the votes cast in accordance with the plan specified in the above-named statute shall be in favor of such annexation, the City Council of The City of Seaford shall cause a plot of that addition of the City of Seaford to be recorded in the Recorder's Office at Georgetown. The extension of the city limits shall become effective at law at the time the said plot is recorded.

Section 4. The powers to hold and acquire by condemnation real and personal property within the limits of the City of Seaford, conferred by Sections 2 (a) and 27 of the Act entitled "An Act Changing the Name of The Town of Seaford' to 'The City of Seaford' and Establishing a Charter Therefor", being Chapter 184, Vol. 43, Laws of Delaware, shall not extend to the acquisition by condemnation of any real or personal property or franchises of any public utility corporation, or other corporation, which at the time when this Act shall become effective is engaged in the business of furnishing electric light, electric power, and gas, or any of them, within the territory which may hereafter be included within the limits of the City of Seaford pursuant to the provisions of this Act.

Approved April 14, 1947.