CHAPTER 526

FORMERLY

SENATE BILL NO. 634

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT AUTHORIZING THE STATE OF DELAWARE TO CONVEY TO THE TOWN OF BETHANY BEACH PROPERTY TO BE USED FOR WATER STORAGE FACILITIES AND EQUIPMENT.

WHEREAS, by deed dated November 10, 1969, recorded in the Office of the Recordek of Deeds in and for Sussex County, Deed Book 649, Page 383, the State of Delaware did convey to the Commissioners of Bethany Beach, a municipal corporation of the State of Delaware, a certain tract of land in Baltimore Hundred, Sussex County, Delaware, as therein described, subject to all of the conditions and restrictions set forth in Volume 56, Delaware Laws, Chapter 298; and

WHEREAS, said Act provides that said tract of land shall revert to the State of Delaware under certain circumstances as stated therein; and

WHEREAS, the Town has agreed to allow said tract of land to revert to the State of Delaware so that the National Guard of the State of Delaware may use said tract of land for its own proper purposes in exchange for another tract of land, as hereinafter described, suitable for the purposes of the Town installing water storage facilities; storing material and equipment used in connection with the Town water system; and storing other material, equipment and property of the Town; and

WHEREAS, the tract of land, hereinafter described, is not used by the National Guard of the State of Delaware, and the National Guard has agreed that the Town should have and use said land, subject to certain conditions as hereinafter set forth; and

WHEREAS, it is in the best interest of the State of Delaware that the Town acquire and use said tract of land, hereinafter described, for the purposes and subject to the conditions herein set forth.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. The Governor and the Secretary of State of the State of Delaware are hereby authorized, empowered and directed

to execute and deliver, in the name of and under the Great Seal of the State of Delaware, a deed conveying to the Town of Bethany Beach, a municipal corporation of the State of Delaware, its successors and assigns, the following described tract of land for the purposes of installing water storage facilities; storing material and equipment used in connection with the Town water system; and storing other material, equipment and property of the Town, said tract of land to revert to the State of Delaware in the event the Town fails to use said tract of land for installing the aforementioned water-storage facilities within 10 years of the date of conveyance to the Town of if, subsequent to the date of commencement of such use, the Town abandons such use for a period of one year:

ALL that certain tract, piece and parcel of land, situate, lying and being in Baltimore Hundred, Sussex County, Delaware, and being more particularly described as follows:

Beginning at a concrete monument in the western right-of-way of Delaware Route 1, being a corner for these lands and the lands of Wm. P. Short (heirs) and Sea & Pines, thence south 8° 16' 40" east 235 feet, more or less, along said right-of-way to a point, thence north 79° 39' 40" west 660 feet more or less to the waters' edge of the Salt Pond, thence following the meandering of the Salt Pond in a northerly direction 225 feet, more or less, to northerly property line of the National Guard Camp lands, thence south 79° 34' 40" east 15 feet more or less to a concrete monument thence south 79° 34' 40" east 568.40 feet to the place of beginning, containing 3.24 acres of land, more or less. Being a portion of the same lands of Wm. P. Short conveyed to the State of Delaware by deed, dated the 29th day of April A. D. 1927 and recorded in the Office of the Recorder of Deeds in and for Sussex County in Deed Book 264 Page 359.

Section 2. Any conveyance of land described in Section 1 shall be subject to the condition that the National Guard of the State of Delaware shall have the right to place signal antennas on any water town or towers erected by the Town and the right from time to time to connect and disconnect wires and cables to such signal antennas, together with the right of ingress and egress across the aforesaid tract of land to and from such water tower or towers for the purposes of installing, connecting, disconnecting and maintaining of such signal antennas, wires and cables, provided however, that the National Guard of the State of Delaware shall give the Town at least 14 days' prior notice of its intention to enter upon such said tract of land for the aforesaid purposes.

Section 3. The Town of Bethany Beach shall pay to the State of Delaware an annual fee of One Dollar ($1.00) for each and every year that the said tract of land is used for the aforesaid purposes, the first such annual payment to be made on or before February 1 of the first year following the date of approval of this Act by the Governor of the State of Delaware and continuing on a like day each year thereafter for the duration of said use.

Approved July 12, 1978.