CHAPTER 458

FORMERLY HOUSE BILL

NO. 908

AN ACT AUTHORIZING NEW CASTLE COUNTY TO EXCHANGE A PORTION OF BANNING PARK FOR OTHER LANDS ADJACENT THERETO.

WHEREAS, New Castle County is seized of certain lands hereinafter referred to by virtue of a deed from James L. Banning, Jr., and Jane Gray Banning, his wife, dated the Fourth day of December, 1961, and recorded in the Office of the Recorder of Deeds in and for New Castle County in Deed Record "D", Volume 69, Page 382, which deed provides that "The entire aforesaid lot, piece or parcel of land herein conveyed shall be used solely for public park purposes and shall be known as 'Banning Park"'; and

WHEREAS, Milo M. Clark and Ila Lee Clark, his wife, are owners of land contiguous to the lands of New Castle County referred to above and it has been mutually proposed that a portion of their land be conveyed to New Castle County in exchange for a portion of the aforementioned lands of New Castle County; and

WHEREAS, it is deemed to be in the best interest of New Castle County and its citizens to exchange the portion of Banning Park described as follows as Parcel "B" to Milo M. Clark and Ila Lee Clark, his wife, in exchange for a portion of land described as follows as Parcel "A" owned by said Clarks.

PARCEL "B"

BEGINNING at a point in the southeasterly line of the Wilmington Christiana Turnpike, known also as East Newport Pike and in the division line of lands of Milo M. Clark and wife and Banning Park, located N 500 ° 48' 42.5" E 150 feet, measured along the said line of East Newport Pike from the northeasterly line of Forest Brook Glen. Thence from said beginning point (1) N 50° 48' 42.5" E, 115 feet to a point; (2) N 49° 46' 58.5" E, 127 feet to a point; (3) S 39° 11' 17.5" E, 518.50 feet; (4) S 50° 48' 42.5" W, 242 feet; (5) N 39° 11' 17.5" W, 516.22 feet to the point and place of BEGINNING, said lands being a portion of Banning Park.

PARCEL "A"

BEGINNING at a point located S 39° 11' 17.5" E, 516.22 feet from a point of intersection of the southeasterly line of Wilmington Christiana Turnpike known also as East Newport Pike with the southwesterly corner of lands of Milo M. Clark and Ila Lee Clark, his wife, and the northeasterly line of Forest Brook Glen, thence from said point of beginning continuing along the division line of Forest Brook Glen S 39° 11' 17.5" E, 1,244.26 feet to a point in line of lands of the Penn Central Railroad, thence along lines of the Penn Central Railroad N 68° 24' 1.8" E, 157.36 feet, thence along the line separating this land from Banning Park N 39° 11' 17.5" W, 1,291.81 feet, thence S 50° 48' 42.5" W, 150 feet to the point and place of BEGINNING; and WHEREAS, the said parcels proposed to be exchanged are of comparable value; and WHEREAS, there presently exists no method by which New Castle County may exchange said land;

NOW, THEREFORE,

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

Section 1. New Castle County is hereby authorized to convey to Milo M. Clark and Ha Lee Clark, his wife, fee simple title, free of the aforementioned restriction, to all that lot, piece or parcel of land hereinafter described as Parcel "B" upon conveyance to New Castle County by Milo M. Clark and Ila Lee Clark, his wife, of all that lot, piece or parcel of land described hereinafter as Parcel "A":

PARCEL "B"

BEGINNING at a point in the southeasterly line of the

Wilmington Christiana Turnpike, known also as East Newport Pike and in the division line of lands of Milo M. Clark and wife and Banning Park, located N 50° 48' 42.5" E 150 feet, measured along the said line of East Newport Pike from the northeasterly line of Forest Brook Glen. Thence from said beginning point (1) N

48' 42.5" E, 115 feet to a point; (2) N 49° 46' 58.5" E, 127 feet to a point; (3) S 39° 11' 17.5" E, 518.50 feet; (4) S 50° 48' 42.5" W, 242 feet; (5) N 39° 1 I ' 17.5" W, 516.22 feet to the point and place of BEGINNING, said lands being a portion of Banning Park.

PARCEL "A"

BEGINNING at a point located S 39° 11' 17.5" E, 516.22 feet from a point of intersection of the southeasterly line of Wilmington Christiana Turnpike known also as East Newport Pike with the southwesterly corner of lands of Milo M. Clark and Ila Lee Clark, his wife, and the northeasterly line of Forest Brook Glen, thence from said point of beginning continuing along the division line of Forest Brook Glen S 39° 1 1 ' 17.5" E, 1,244.26 feet to a point in line of lands of the Penn Central Railroad, thence along lines of the Penn Central Railroad N 68° 24' 1.8" E, 157.36 feet, thence along the line separating this land from Banning Park N 39° 11 ' 17.5" W, 1,291.81 feet, thence S 50° 48' 42.5" W, 150 feet to the point and place of BEGINNING.

Section 2. New Castle County shall convey lands referred to in paragraph 1 hereof by deed signed by the County Executive of New Castle County and attested thereto by the Clerk of County Council.

Section 3. The land to be conveyed to New Castle County shall be in substitution of the land to be conveyed by New Castle County and shall be held subject to the same restrictions contained in the aforementioned deed of James L. Banning, Jr., and Jane Gray Banning.

Approved June 23, 1972.