CHAPTER 545

FORMERLY SENATE BILL NO. 716

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO RATIFY AND CONFIRM THE TITLE OF JOSPEH H. SIMPSON TO CERTAIN LAND AND TO AUTHORIZE THE SECRETARY OF STATE TO EXECUTE A DEED THEREFOR.

WHEREAS, in the year 1966, Joseph H. Simpson became lawfully seized and possessed of a certain parcel of real estate, the one whereof was conveyed to Joseph H. Simpson by deed of John J. Marsh and Kathryn E. Marsh, his wife, dated May 25th, 1966, and of record in the recorder's office of Sussex County, in deed record No. 604, page 242; and

WHEREAS, also by deed of the Honkers' Club, a corporation of the State of Delaware, dated December 28th, 1953, to John J. Marsh and Katherine Emily Marsh, his wife. Being same deed from Samuel E. Crowley and Florence M. Crowley, dated June 10, 1926. Being same deed from Harry A. Godwin and Annie Godwin, to Samuel E. Crowley, dated April 13th, 1925. Being deed of the Estate of John (n.m.) Melson to Harry A. Godwin, dated Aug. 15th, 1924. Being the same deed of Rock Turn Island surveyed and plotted July 12, 1887, by John R. Steel and recorded Oct. 20, 1891, in deed record BBP, No. 115, page 217. The description of which said parcel is as follows:

BEGINNING at a post near Melson's shanty; thence North 33-3/4 degrees East 7.1 poles; thence, North 78-1/2 degrees East 51.2 poles; thence, South 63-3/4 degrees East 9 poles; thence, North 85 degrees East 18.7 poles; thence, South 36-3/4 degrees East 3.35 poles; thence North 77 degrees East 13.6 poles; thence, South 65-1/4 degrees East 8.35 poles; thence turning along Marsh; thence, South 24-3/4 degrees West 38.6 poles, thence, North 76-1/4 degrees West 29.8 poles; thence South 52-1/4 degrees West 9.5 poles; thence, North 10 degrees West 7.3 poles; thence, South 79-1/4 degrees West 23 poles; thence, North 35 degrees West 20-3/4 poles; thence, North 86-1/2 degrees West 7.6 poles; thence, South 0-1/4 degrees East 10.8 poles; thence, South 33 degrees West 12 poles; thence, North 24 degrees West 9.5 poles; thence,

North 4 degrees East 6.6 poles; thence, North 30-1/2 degrees East 8.5 poles, to the place of beginning, and said to contain 18 acres as aforesaid, said plot of land recorded October 20, 1891, in the Office for the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, in Deed Record Book 115, page 217; and

also all of the right, title, and interest of the Grantors herein in and to that parcel of land above the above-described tract on the south which, through the many years, has been joined to and become a part of the parcel of the above-described tract by accretion; be the contents what they may; and

WHEREAS, by sundry deeds of conveyances the said lands and premises were subsequently conveyed to Joseph H. Simpson and whereas, it appears that said John J. Marsh; The Honkers Club, a corporation of the State of Delaware; Samuel E. Crowley; Harry A. Godwin, Estate of John Melson, have successively and continuously occupied, enjoyed, held and possessed said lands and premises and exercised the rights and privileges of ownership over the same, adversely to the interest or title of any other person whomsoever, for upwards of eighty-one and more years last past, but that doubt has arisen upon the sufficiency of the title of said Joseph H. Simpson. By reason of letter dated April 8, 1970, to Robert W. Tunnell, Esq. from Ernest A. Davidson, Director of Delaware State Highway Department, then custodian of State Lands; in a reply determining whether there is a conflict in the boundary lines claimed by Rock Turn, Inc., and the lands claimed by the State of Delaware administered by State Park Commission in the area of Indian River Inlet: "Based on research and examination of available evidence by our own staff and by the Department attorneys, the Department can see no justification for any claim of private ownership of Rock Turn Island. The Department considers Rock Turn Island to be a part of the public lands of the State of Delaware."; and

WHEREAS, May 25, 1954, a letter to John Marsh, Rehoboth Beach, Delaware, from William A. McWilliams, Chief Engineer of Delaware State Highway, the then official custodian of State Lands: "In answer to your letter of May 7th, 1954, I have investigated the conditions surrounding your claim to Rock Turn Island located in the Indian River Bay area, and have arrived at the conclusion that the title to your land is sufficient to assure the State Highway Department of your ownership; and

WHEREAS, it is now desired to ratify and confirm against the State of Delaware, the title of said Joseph H. Simpson in and to said described lands and premises;

NOW, THEREFORE,

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

Section 1. That the title of said Joseph H. Simpson, as against the State of Delaware, is hereby ratified and confirmed, and that the Secretary of State of the State of Delaware be and he is hereby authorized and directed to execute, under his hand and the seal of his office, and deliver to said Joseph H. Simpson a deed of conveyance in usual form, conveying to said Joseph H. Simpson, its successors and assigns, in fee simple, all the right, title and interest of any kind of the State of Delaware in and to said described lands and premises, which deed, when so executed, sealed and delivered, shall vest in said Joseph H. Simpson, his successors and assigns, in fee simple, all such right, title and interest of the State of Delaware in and to said described lands and premises.

Section 2. The State of Delaware shall relinquish all its rights to Joseph H. Simpson to David Porter to Rock Turn, Inc., Blaine T. Phillips and Walter W. Phillips, Jr., as their interest may appear.

Section 3. This Act shall be deemed and taken to be a Public Act.

Approved July 18, 1972.