CHAPTER 134

FORMERLY

HOUSE BILL NO. 388

AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN STATE REAL PROPERTY SITUATED IN CHRISTIANA HUNDRED TO NEW CASTLE COUNTY.

WHEREAS, the major portion of the lands on which the former New Castle County Correctional Institute was located is not presently used by the State of Delaware; and

WHEREAS, these lands could serve as a recreational facility for the people of the area; and

WHEREAS, said lands were formerly owned by New Castle County and were transferred to the State of Delaware for the consideration of one dollar ($1.00) in 1956 by the Board of Trustees of the New Castle County Workhouse ; and

WHEREAS, New Castle County is desirous of using said lands for recreational purposes; and

WHEREAS, the State of Delaware is desirous of transferring said lands to New Castle County; and

WHEREAS, it is the intent of the General Assembly that said lands are to be used by New Castle County primarily for recreational purposes.

NOW, THEREFORE :

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

Section 1. The transfer and conveyance of the following described state real property to New Castle County for the consideration of one dollar ($1.00) subject to the conditions hereinafter recited is hereby specifically approved:

ALL those certain tracts or parcels of land with the buildings thereon erected, being known as the "New Castle County Correctional Institute," situated in Christiana Hundred, New Castle County and State of Delaware, excepting therefrom the following described parcels of land:

(1) The parcel on which the Woman's prison is situated and adjoining lands used in connection therewith;

(2) The parcel on which the warden's house is situated and the adjoining lands used in connection therewith; and

(3) The parcel on which State Police Troop No. 6 is situated and the adjoining lands used in connection therewith.

Section 2. The above described real property is to be transferred and conveyed to New Castle County upon the following conditions:

(1) That all buildings and structures thereon erected are to be removed by New Castle County at its expense on or before September 30, 1974, and in the event that said buildings and structures are not removed on or before said date said real property shall revert to the State of Delaware ; and

(2) That said real property shall not be used for residential or commercial purposes, and in the event that said real property shall be used for said purposes said real property shall revert to the State of Delaware; and

(3) That said real property is to be used primarily for recreational purposes, and when said real property is no longer used primarily for recreational purposes said real property shall revert to the State of Delaware.

Section 3. The above described property is to be transferred and conveyed to New Castle County subject to the existing lease agreement between the State of Delaware and the Capitol Little League and the lease agreement between the State of Delaware and the Wilmington and Western Railroad.

Section 4. The Governor and the Department of Administrative Services are authorized and empowered to execute and deliver to New Castle County a good and sufficient deed transferring and conveying the above described lands to New Castle County subject to the above mentioned conditions.

Approved July 3, 1973.