CHAPTER 83

FORMERLY SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 190

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO PUBLIC LANDS.

WHEREAS, Title 7, Section 4520, Delaware Code, enacted by the 125th General Assembly precludes the transfer or conveyance of public lands to persons or agencies without expressed approval of the legislature; and

WHEREAS, the State of Delaware via the Department of Natural Resources and Environmental Control holds title to lands herein mentioned; and

WHEREAS, situations have arisen where privately owned land is land-locked by adjoining public lands thus causing inconvenience to said property owners herein mentioned; and

WHEREAS, said private property owners requesting rights-of-way across public lands are the White River Estates of Sussex County and Porter Realty Corp. of Seaford, Delaware;

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each branch concurring therein):

Section 1. The Secretary of the Department of Natural Resources and Environmental Control is hereby empowered and directed to grant WHITE RIVER ESTATES, present fee simple owners of certain land located in Sussex County, a right-of-way across lands of the State of Delaware (formerly known as the Henry property) located on State Route No. 496 and is hereby directed and empowered to receive a comparable portion of land from said White River Estates. The right-of-way is described as follows:

Beginning at a point on the northern boundary line of State Route 496, approximately 1,700 feet from the intersection of said Route 496 with State Route No. 493, which said point is the southeastern corner of the area permitted for purposes of said ingress and egress; thence, across property of the State of Delaware (formerly the Henry property) in a direction N. 03° 45' E. a distance of 381 feet, more or less, to a point on the southern boundary line of the property of WHITE RIVER ESTATES; thence, along the line of WHITE RIVER ESTATES S. 88° 0' W. a distance of fifty feet, more or less, to a point; thence, across the property of the State of Delaware S. 03° 45' W. a distance of 381 feet, more or less, to a point on the northern boundary of Route 496 which point is approximately 500 feet from the road entrance sign; thence, along the northern line of Route 496 running N. 88° 0' E. a distance of 50 feet, more or less, to the point and place of beginning. All metes, bounds, distances and scale figures are derived from a hand-drawn plat entitled: LOCATION MAP, WHITE RIVER ESTATES.

Section 2. The Secretary of the Department of Natural Resources and Environmental Control is hereby empowered and directed to grant to PORTER REALTY CORPORATION, present fee simple owners of certain land located near Woodland Ferry in Sussex County, a right-of-way across lands of the State of Delaware located on Red House Road, which right-of-way is described as follows:

A right-of-way fifty feet wide between parallel lines beginning at the intersection of Red House Road with the private road of Everett Conaway and a corner of the parcel of land of Everett Conaway located on the Nanticoke River which contains the Conaway homeplace; from said point and place of beginning the right-of-way shall run 130 yards to a point; from said point on or near Red House Road, the easement shall turn northward for 150 yards to the lands of PORTER REALTY CORPORATION.