CHAPTER 412

AN ACT TO AUTHORIZE THE GOVERNOR OF THE STATE OF DELAWARE TO EXECUTE A QUITCLAIM DEED TO REMOVE A CLOUD ON TITLE TO LANDS OWNED BY BEEBE HOSPITAL OF SUSSEX COUNTY, INC.

WHEREAS, the Beebe Hospital of Sussex County, Inc., a non-profit corporation of the State of Delaware, is the owner in fee of certain lands within the City of Lewes in Sussex County, Delaware, which lands, in part, have as their boundary the Blockhouse Pond, and, in part, include a portion of the bed of said Pond; and

WHEREAS, the City of Lewes has heretofore conveyed and quitclaimed to Beebe Hospital of Sussex County, Inc., portions of the unopened beds of Market Street and Mulberry Street where, if opened and extended, said streets would cross the bed of the aforesaid Pond; and

WHEREAS, the water in the aforesaid Pond receded upwards of thirty years ago so that under the common law right of reliction title to a portion of the bed of said Pond, to the center thereof, would have vested in Beebe Hospital of Sussex County, Inc., as adjoining riparian owner; and

WHEREAS, the public records in the office of the Recorder of Deeds in and for Sussex County and those records in the custody of the Public Archives Commission of the State of Delaware, at Dover, are indefinite or incomplete so that there exists a cloud upon the title of Beebe Hospital of Sussex County, Inc. by reason of a possible claim of ownership by the State of Delaware in undefined portions of the bed of the Pond; and

WHEREAS, it is the sense of the General Assembly that such cloud upon the title should be removed in order that the premises may be put to a useful and productive purpose by the aforesaid Hospital.

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The Governor is authorized, empowered and directed to sell and he is hereby authorized and empowered to execute, on behalf of the State of Delaware, and to deliver to Beebe Hospital of Sussex County, Inc., without further consideration, a quitclaim deed duly attested and acknowledged by the Secretary of State, who is hereby authorized to affix thereto the Great Seal of the State of Delaware, quitclaiming, releasing and conveying to the said Beebe Hospital of Sussex County, Inc., all of the right, title, interest or claim which the State of Delaware may now have in and to all that certain tract or parcel of land situate, lying and being in the City of Lewes, Lewes and Rehoboth Hundred, Sussex County, Delaware, being a part of the bed of Blockhouse Pond, and more particularly described as follows, to wit:

BEGINNING at an iron pipe in the northerly right-of-way line of Market Street and a corner for lands formerly of Charles West and a corner for lands of this Grantee, said point of beginning also lying at the edge of Blockhouse Pond; thence North 40 degrees 51 minutes West and binding along the edge of said Blockhouse Pond a distance of 269.7 feet to a pipe set in the southerly right-of-way line of Mulberry Street, unopened, at 30 feet wide; thence continuing the aforesaid course 30 feet to the northerly right-of-way line of Mulberry Street, unopened; thence South 49 degrees 09 minutes West 508.46 feet to a point in the center line of Blockhouse Pond; thence South 40 degrees 51 minutes East 321.7 feet to a pipe in the southerly right-of-way line of Market Street if extended through the bed of Blockhouse Pond and said point also being in a line of lands of this Grantee; thence following along the same North 49 degrees 09 minutes East 508.46 feet to a point in the edge of Blockhouse Pond; thence following along the same North 40 degrees 51 minutes West 52 feet to a pipe, the point and place of BEGINNING, be the contents thereof what they may but said to contain 3.148 acres of land more or less.

Section 2. The Beebe Hospital of Sussex County, Inc., shall bear all costs and expenses incurred for the preparation, execution and recording of the aforesaid quitclaim deed.

Section 3. The provisions of Chapter 45, Title 7, Delaware Code, shall not be applicable to this transaction and conveyance.

Approved May 6, 1970.