CHAPTER 514

FORMERLY

HOUSE BILL NO. 955

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AUTHORIZE THE CONVEYANCE OF THE MATTHEW LOWBER HOUSE AND LOT TO THE MAGNOLIA VOLUNTEER FIRE COMPANY; TO PERMIT THE MAGNOLIA VOLUNTEER FIRE COMPANY TO MOVE, RELOCATE, AND SELL SAID HOUSE AND RETAIN THE LAND FOR FUTURE EXPANSION OF ITS FACILITIES; TO PERMIT THE PURCHASER OF SAID HOUSE TO RENOVATE THE SAME UNDER THE SUPERVISION AND CONTROL OF THE DIVISION OF HISTORICAL AND CULTURAL AFFAIRS.

WHEREAS, the State of Delaware purchased the land and premises known as the Matthew Lowber Home in the Town of Magnolia and received a conveyance to the same dated May 28, 1969 said deed being of record in the Office of the Recorder of Deeds for Kent County and State of Delaware in Deed Record Book R, Volume 25, Page 301, said purchase being for the purpose of preserving the architectural character and historic presence in the Town of Magnolia; and

WHEREAS, the architectural and historical value has been recognized by the listing of the Matthew Lowber House in the National Register of Historic Places; and

WHEREAS, the State is financially unable to restore the Matthew Lowber House thereby to preserve its architectual and historical character; and

WHEREAS, the Magnolia Volunteer Fire Company owns property adjacent to the Matthew Lowber House and needs to expand its facilities in a manner which would impact the Matthew Lowber House if said house remains at its present site; and

WHEREAS, the Magnolia Volunteer Fire Company in return for receiving a conveyance of the property upon which the Matthew Lowber House is situated so that it can expand its facilities and in return for receiving a conveyance of the Matthew Lowber House agrees to sell or relocate the house on other property owned by it or other property approved by the Division of Historical and Cultural Affairs and that a requirement of such relocation and sale would be renovation and preservation of the Matthew Lowber House under the direction of the Division of Historical and Cultural Affairs; and

WHEREAS, the General Assembly has determined that such expansion of the facilities of the Magnolia Volunteer Fire Company is essential to the health, welfare and safety of the residents of the Town of Magnolia and that preservation of the Matthew

Lowber House can be satisfactorily accomplished by its relocation and sale.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. The State of Delaware shall deed and convey the Matthew Lowber House and the property upon which the same is situated within the Town of Magnolia, Kent County and State of Delaware, more particularly described in Deed Record Book R, Volume 25, Page 301, unto the Magnolia Volunteer Fire Company, its successors or assigns so that the Magnolia Volunteer Fire Company shall become the absolute owner of said house and land. The Magnolia Volunteer Fire Company shall not pay any consideration to the State of Delaware for such conveyance other than hereinafter provided. The deed shall contain the restrictions, covenants and conditions stated herein or in the alternative state that the conveyance is subject to the provisions of Vol. 61, Del. Law Chapter,

Section 2. The Magnolia Volunteer Fire Company may sell the Matthew Lowber House on its present site and as a condition of such sale require its removal to another site; the Company may remove and relocate said house to other property owned by it or to other property owned by others; or the Magnolia Volunteer Fire Company may sell and convey the Matthew Lowber House on its present location to remain on its present location. In any event the conveyance of the land as described in the above referred to deed shall be owned by the Company without restriction on the use, conveyance, reconveyance or sale of said land by the Company.

Section 3. As consideration for the conveyance of the Matthew Lowber House and the land upon which the same is situated by the State of Delaware to the Magnolia Volunteer Fire Company the State of Delatiare through the Division of Historical and Cultural Affairs imposes the following restrictions and reserves the following rights and easements concerning the Matthew Lowber House which rights, easements, and reservations shall be binding on the Magnolia Volunteer Fire Company, its successors or assigns and all purchasers, owners, or occupants of the Matthew Lowber House which said easements, rights and restrictions shall be as follows:

A. If the Magnolia Volunteer Fire Company chooses not to remove the Matthew Lowber House from its present location but chooses to expand its facilities unto the property herein conveyed to the Company by the State of Delaware, the Divsion of Historical and Cultural Affairs reserves the right to approve or disapprove any building or construction upon said land by said Company in order to preserve the architectural and historical character of the Matthew Lowber

House.

B. Any removal and relocation of the Matthew Lowber House from its present site must be accomplished by an approved firm which will furnish a performance bond subject to the approval of the Division of Historical and Cultural Affaits which Division must review and approve the specifications for removal and relocation prior to the work being accomplished.

C. The Matthew Lowber House shallnnot be moved or relocated to any site without the approval of the location and site by the Division of Historical and Cultural Affairs. In the event that the Magnolia Volunteer Fire Company sells the Matthew Lowber House, it shall return to the State of Delaware all sums obtained from said sale less any costs incurred by the Magnolia Volunteer Fire Company in maintaining, removing, or relocating said house on property owned by the Magnolia Volunteer Fire Company. No allowance shall be given to the Magnolia Volunteer Fire Company if the said house shall be removed or relocated to a site not owned by the Magnolia Volunteer Fire Company.

D. The Magnolia Volunteer Fire Company, its successors or assigns and any future owners or occupants of the Matthew Lowber House shall use reasonable care and caution to preserve and protect the aame and to prevent vandalism but as long as said care is exercised, they shall not be liable to the State of Delaware for any damage or destruction of said house. If the Matthew Lowber House is damaged or destroyed in the process of removal or relocation by a bonded firm, the amount of said bond shall be paid to the State of Delaware.

E. Any renovation or restoration of the Matthew Lowber House shall be done to restore and maintain the exterior architectural design and features and the interior panelling, mouldings and other specific architectural features. Plans and specifications must be approved by the Division of Historical and Cultural Affairs as being consistent with the architectural preservation of said house. After the house is originally renovated all subsequent construction, alteration, remodeling or reconstruction which would alter or effect the exterior architectural design and features or the interior panelling, mouldings and other specific architectural features must be first approved by the Division of Historical and Cultural Affairs as being consistent with the architectural preservation of the Matthew Lowber House. Photographs and schematic drawings in the possession of the Division of Historical and Cultural Affairs represent an accurate and true representation of the appearance of the Matthew Lowber House and its historical appects and the

Division of Historical and Cultural Affairs shall evaluate any renovation, construction, repairs or remodeling of the Matthew Lowber House according to these photographs and schematic drawings to insure conformance with the same. Such renovation or restoration shall commence within 2 years of the conveyance authorized by this bill.

Approved July 12, 1978.