CHAPTER 659

SENATE BILL NO. 781

AN ACT DIRECTING THE SECRETARY OF STATE TO EXECUTE AND DELIVER A DEED TO PORT MAHON WHARF CO., INC. OF LANDS PREVIOUSLY DEEDED TO THE STATE OF DELAWARE BY PORT MAHON WHARF CO., INC.

WHEREAS, the Port Mahon Wharf Co., Inc. constructed a dock on their property for the use of the State of Delaware in or about the year 1952; and

WHEREAS, the purpose of the construction of the dock by the Port Mahon Wharf Co., Inc. was to enable the State of Delaware to have dockage facilities for its watercraft; and

WHEREAS, in or about 1966 a State of Delaware audit revealed that the State of Delaware had a potential problem in their record keeping because of the use of private facilities for state purposes without compensation to the owner; and

WHEREAS, in order to accommodate the State of Delaware, the Port Mahon Wharf Co., Inc. executed and delivered a deed for nominal consideration to a part of their property believed to include the previously constructed wharf; and

WHEREAS, the State of Delaware has subsequently purchased other lands in the general area of the wharf and has in existence docking facilities and available services for the watercraft of the State of Delaware; and

WHEREAS, the purpose of the conveyance of the land by the Port Mahon Wharf Co., Inc. has ceased to exist, and the State of Delaware has no need for the previously conveyed land; and

WHEREAS, it would be an injustice for the State of Delaware to retain ownership of this unnecessary land, which land divides the lands of Port Mahon Wharf Co., Inc. into two parcels.

NOW, THEREFORE:

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

Section 1. The Secretary of the State of Delaware is hereby authorized, empowered and directed to execute and deliver, subject to the provisions of Section 2 hereof, a deed and such affidavits as are required by law, in the name and under the Great Seal of the State of Delaware, a deed to Port Mahon Wharf Co., Inc. of:

ALL that certain piece of land and premises situated in Little Creek Hundred, Kent County and State of Delaware, bounded on the west by Port Mahon - Little Creek Road, on the east by the Port Mahon River and on the north and south by other lands of the grantee, and more particularly described as follows:

BEGINNING at a stake in the west bank of the easterly right of way line ditch of the Port Mahon - Little Creek Road which point is located at an angle in said road's line at approximately 194 feet south of the common corner of other lands of the grantor and lands now or formerly of Irwin H. Jenkins, et us.; thence north 45° west a distance of about 94 feet to a new corner now established in the aforesaid right of way ditch line being a common corner for these lands and other lands of the grantor; thence turning and bearing north 43° east along a new line separating these lands from other lands of the grantor to a point in the mean low water line of the south shore of the Mahon River; thence turning and bearing with the meanderings of said river in a southerly direction about 100 feet to another point in the mean low water line of said River; thence turning and bearing southwesterly along other lands of the grantor back to the place of beginning.

Section 2. The State of Delaware shall convey all its right, title and interest in and to the land hereinbefore described to Port Mahon Wharf Co., Inc., on condition that Port Mahon Wharf Co., Inc. complies with the following prerequisites for the conveyance by the State:

(a) Have prepared at their own expense a deed containing the above stated descriptions: and

(b) Have prepared at their own expense such affidavits and other documents as are required by law to transfer legal title and to comply with applicable recording statutes; and

(c) Pay to the State of Delaware the sum of one dollar ($1.00) upon receipt of the above referenced deed and applicable affidavits.

Section 3. The Secretary of State is hereby directed by execute and deliver the deed and applicable affidavits to Port Mahon Wharf Co., Inc., upon the compliance by Port Mahon Wharf Co., Inc., with the prerequisites hereinbefore set forth.

Section 4. This Act shall be deemed and taken as a public act.

Approved July 30, 1976