CHAPTER 610

AN ACT TO REPEAL CHAPTER 47, SECTION 4721, TITLE 7, DELAWARE CODE RELATING TO THE JURISDICTION OF THE STATE PARK COMMISSION CONCERNING BRANDYWINE SPRINGS PARK AND AUTHORIZING AND DIRECTING THE STATE PARK COMMISSION ON BEHALF OF THE STATE OF DELAWARE TO CONVEY BRANDYWINE SPRINGS PARK TO THE COUNTY COUNCIL OF NEW CASTLE COUNTY FOR PUBLIC PARK AND RECREATIONAL PURPOSES.

WHEREAS, the Wilmington City Council and the County Council of New Castle County are considering the merger of certain municipal park facilities in order to provide improved public recreational services and a more logical administrative system; and

WHEREAS, the area known as Brandywine Springs State Park is located within this metropolitan region and serves a greater local than statewide need; and

WHEREAS, Brandywine Springs Park because of its location, size, natural features and recreational facilities better meets the criteria established for County rather than State Parks, but at the time of its acquisition no County park and recreational agency existed to provide administration; and

WHEREAS, the transfer of this area to New Castle County meets with the full approval of the County Council, State Park Commission and the State Planning Office and has been, for many years, included in their long range planning;

NOW, THEREFORE,

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

Section 1. § 4721, Sub-Chapter 11, Chapter 47, Title 7, Delaware Code, is hereby repealed in its entirety and the State Park Commission is hereby authorized and directed, on behalf of the State of Delaware, to convey unto the County Council of New Castle County all of the State's rights, title, and interest in and to all those certain pieces, tracts, or parcels of lands with improvements thereon, situated in Mill Creek Hundred, New Castle County in the State of Delaware, and shown on Survey Plot prepared by Price & Price of Wilmington, Delaware, Civil Engineers and Surveyors as revised April 22, 1954; said properties being known as "Brandywine Springs State Park" and more thoroughly bounded and described in Deed Record E, Volume 51, Page 361, dated Twenty-Sixth day of July A.D. 1951, containing approximately 56.95 acres and Deed Record A, Volume 54, Page 487, dated the Twelfth day of March A.D. 1954, containing approximately 0.91 acres, recorded in the Office of the Recorder of Deeds, in and for New Castle County; granted and conveyed to the State of Delaware for the use of the State Park Commission of Delaware.

Section 2. Said lands and improvements shall be used by the County Council of New Castle County for public park and recreation purposes only and if such stated use ceases said lands and improvements shall immediately revert to the State of Delaware.

Approved June 29, 1970.