CHAPTER 421

RELATING TO CITY OF WILMINGTON

AN ACT AUTHORIZING AND ENABLING THE CONVEYANCE AND TRANSFER OF A CERTAIN PARCEL OF LAND IN BRANDYWINE HUNDRED BY "THE MAYOR AND COUNCIL OF WILMINGTON" TO THE ABUTTING PROPERTY OWNERS.

WHEREAS, by a lease dated June 25, 1931, Edward Bringhurst, V, and Mary T. Bringhurst did lease to "The Mayor and Council of Wilmington" two certain parcels of land in Brandywine Hundred containing in all 40.39 acres of land for the term of the natural life of the survivor of them, the said Edward Bringhurst, V, and Mary T. Bringhurst, which said lease is recorded in the Office for the Recording of Deeds, in and for New Castle County, in Deed Record V, Volume 37, Page 375; and

WHEREAS, subsequent to the execution of said lease on June 25, 1931, the said Edward Bringhurst, V, and Mary T. Bringhurst by their Indenture for a nominal consideration granted and conveyed the said same two parcels of land in Brandywine Hundred to John Biggs, Jr., Trustee, In Trust, inter alia, upon the death of the survivor of them to convey the same to "The Mayor and Council of Wilmington" in fee simple, as will more fully appear in said Indenture recorded in the Office for the Recording of Deeds, aforesaid, in Deed Record V, Volume 37, Page 19; and

WHEREAS, Parcel No. 1 as described in said lease and Deed of Trust conveyed a one hundred foot strip of land lying between Shipley Road and Talley Road to be used as a right-of-way for the proposed Washington Street Extension; and

WHEREAS, prior to entry thereon by the City and prior to road construction the plans and the alignment of said roadway were modified as a result of which certain parcels of land, being parts of Parcel No. 1 above referred to, were of no practical use to the City; and

WHEREAS, on November 17, 1939, the said John Biggs, Jr., Trustee and "The Mayor and Council of Wilmington" granted and conveyed to the said Edward Bringhurst, V, one of said parcels of land, being a part of Parcel No. 1 above referred to, containing 0.9 acres as will appear in a deed recorded in the Office for the Recording of Deeds aforesaid, in Deed Record 0, Volume 41, Page 393, and on the same date granted and conveyed to the said Edward Bringhurst, V, and Mary T. Bringhurst another of said parcels of land containing 0.4 acres as will appear in a deed recorded in the Office for the Recording of Deeds, aforesaid, in Deed Record 0, Volume 41, Page 391, both of which conveyances were first recommended to "The Mayor and Council of Wilmington" by the Board of Park Commissioners of the City of Wilmington in a resolution dated November 6, 1939, and both of which conveyances were later confirmed by an Act of the General Assembly of the State of Delaware, approved April 18, 1945, and published in Laws of Delaware, Volume 45, Chapter 170; and

WHEREAS, the said Edward Bringhurst, V, departed this life on or about December 8, 1939, having first made and published his Last Will and Testament, which is recorded in the Office of the Register of Wills, in and for New Castle County, in Will Record M, Volume 6, Page 369, under the terms of which all of his property, real and personal, was devised and bequeathed to his sister, Mary T. Bringhurst; and

WHEREAS, the following described part of Parcel No. 1 referred to above has not at any time been dedicated to public use, and no public use has been made thereof due to the change in the plans and alignment of the roadway for which said Parcel No. 1 was intended:

ALL that certain piece, parcel or tract of land situate in Brandywine Hundred, New Castle County and State of Delaware, being a parcel 700.60 feet by 81.91 feet, irregular, south corner of Washington Boulevard and Shipley Road, and being more particularly bounded and described according to a survey dated July, 1947, made by Howard L. Robertson, Registered Surveyor, or as follows, to wit

BEGINNING at the intersection of the center line of Shipley Road and the southeasterly side of Washington Boulevard (at 100 feet wide); thence from said point of beginning by the said center line of Shipley Road South 11° 55' 30" West, 81.91 feet to a point; thence by lands now or late of Luther D. Reed South 33° 27' 19.3" West, 101.17 feet to a concrete monument; thence still by said lands by a curve to the right of radius 1196.28 feet an arc distance of 535.43 feet to a point in the aforementioned southeasterly side of Washington Boulevard, the chord being South 46° 16' 39" West, 530.97 feet; thence by the said side of Washington Boulevard North 40° 39' East, 700.60 feet to the place of Beginning. Be the contents thereof what they may.

AND WHEREAS, by a deed dated May 23, 1949, Mary T. Bringhurst granted and conveyed to Luther D. Reed and Marjorie M. Reed, his wife, certain lands and premises which adjoin that part of Parcel No. 1 above described, as more fully appears in Deed Record E, Volume 49, Page 33 in the Office of the Recorder of Deeds for New Castle County aforesaid; and

WHEREAS, the said Luther D. Reed and Marjorie M. Reed, his wife, are the abutting property owners on that part of Parcel No. 1 above described, which part is completely enclosed by the property of said Reeds and by the rights-of-way for Washington Street Extension and Shipley Road; and

WHEREAS, because of its location and size, said part of Parcel No 1 above described is apparently of no public use; NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware (two-thirds of each Branch concurring therein):

Section 1. "The Mayor and Council of Wilmington" is authorized and enabled to grant and convey, sell, lease, transfer or assign all right, title and interest which it has or may hereafter have in that part of Parcel No. 1 above described to Luther D. Reed and Marjorie M. Reed, his wife, as the abutting property owners or to their successors in title as such abutting property owners, upon such terms and conditions as may be fixed by "The Mayor and Council of Wilmington"; subject, however, to the rights, if any, of John Biggs, Jr., as Trustee and Mary T. Bringhurst during her lifetime;

"The Mayor and Council of Wilmington" is authorized and enabled to join with John Biggs, Jr., Trustee under the deed of Edward Bringhurst, V, and Mary T. Bringhurst, dated June 25, 1931, and with such other persons as may be deemed necessary, in the execution and delivery of deeds or other instruments conveying title to said part of Parcel No. 1 to the said abutting property owners or their successors in title.

Section 2. This Act shall be taken and declared to be a public Act.

Approved July 15, 1953.