CHAPTER 307

FORMERLY

HOUSE BILL NO. 1044

AN ACT TO AUTHORIZE AND DIRECT THE SALE BY THE NEW CASTLE COUNTY SCHOOL DISTRICT OF CERTAIN PROPERTY LOCATED IN THE CITY OF WILMINGTON TO THE DIVISION OF PARKS AND RECREATION OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, AND TO MAKE A SUPPLEMENTAL APPROPRIATION FOR CERTAIN MOVING EXPENSES INCURRED BY THE NEW CASTLE COUNTY VOCATIONAL TECHNICAL SCHOOL DISTRICT AS A RESULT OF SUCH SALE.

WHEREAS, the State, the City of Wilmington and the Wilmington Parking Authority have worked together for over one year to secure an agreement from a major corporate employer to construct a new corporate- headquarters within the City of Wilmington; and

WHEREAS, the retention of this headquarters location will have substantial beneficial impact on all of the citizens of the State; and

WHEREAS, the cumulative efforts of the various parties involved have resulted in the formation of a plan for a significant economic development project; and

WHEREAS, the Inter-Neighborhood Consortium Agreement between the City of Wilmington and the property owners adjacent to the project stipulates that the City will insure orderly and responsible improvement of public spaces in conjunction with the project; and

WHEREAS, part of the inducement to this employer to make the substantial investment involved in constructing its new corporate headquarters is a commitment by the City of Wilmington, the Wilmington Parking Authority and the State to make necessary and desirable public improvements in the immediate vicinity of the project; and

WHEREAS, federal funds are available to assist in financing this project; and

WHEREAS, a part of this project is the improvement of the site on which the Fletcher Brown School (Wilmington Skills Center) is now located as a public park for passive recreational use; and

WHEREAS, the instructional programs carried on at the Fletcher Brown School can be relocated to other public school facilities in and around the City of Wilmington; and

WHEREAS, legal title to the Fletcher Brown School site is held in the name of the New Castle County School District pursuant to an order of the United States District Court for the District of Delaware in litigation captioned Evans v. Buchanan (Civil Action No. 1816-1822), which required the transfer of this and other property from the Board of Public Education in Wilmington to the New Castle County school district; and

WHEREAS, by Article 10, Section I of the Delaware Constitution the General Assembly is granted plenary power over the system of public schools in the State;

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

Section 1. The New Castle County School District is authorized, empowered and directed to execute and deliver to the Division of Parks and Recreation of the Department of Natural Resources and Environmental Control, on or before August 1, 1980, a deed transferring legal title to the following described parcel of land and the improvements located thereon to the Department of Natural Resources and Environmental Control for the sum of one dollar ($1.00):

ALL That certain lot, piece or parcel of land with the buildings thereon erected situate in the City of Wilmington, County of New Castle and State of Delaware, designated as No. 1401 and No 1403 Market Street, and more particularly bounded and described as follows, to-wit:

BEGINNING at the northwest corner of Market and Fourteenth Streets; thence by the northwest side of Market Street and Market Street extended to the line of lend condemned for the Long Race; thence along that line to the southeast side of Orange Street extended; thence along Orange Street extended to Fourteenth Street; thence along Fourthteenth Street to the place of Beginning. Be the contents thereof what they may.

The aforesaid land has been more particularly bounded and described by survey referred to in a deed of record with the office of Recorder of Deeds in and for New Castle County at Deed Book K, Volume 40, Page 197 as follows:

BEGINNING at the point of intersection of the Westerly side of Market Street (at 65' -6" wide) with the northerly side of Fourteenth Street (at 50 feet wide) thence from said beginning point along the said northerly side of Fourteenth Street North 54 degrees 54 minutes West 345.91 feet to the easterly side of Orange Street, extended (at 49' -6" wide); thence along the said easterly side of Orange Street extended North 35 degrees 3 minutes East 233.79 feet to to Southerly side of the right of way (at 33 feet wide) on which is located the South Long Race along the Brandywine Creek, the property of the Mayor and Council of Wilmington, thence along the southerly side of said 33 feet wide right of way on which is located the South Long Race the five following courses and distances: - South 59 degrees 12 minutes 38 seconds East 20.26 feet; thence South 56 degrees 21 minutes 50 seconds East 125.68 feet; thence South 60 degrees 2 minutes 40 seconds East 29.55 feet to a point of curve; thence along a line curving to the left with a radius of 341.79 feet, a distance of 53.61 feet to a point of tangency, said point of tangency being distant from the last mentioned point of curve South 64 degrees 32 minutes 16 seconds East 53.55 feet; thence South 69 degrees 1 minutes 52 seconds East 121.25 Feet to the said westerly side of Market Street extended northeasterly from Fourteenth Street; thence thereby South 35 degrees West 279.74 feet to the place of Beginning. Be the contents thereof what they may.

The property so conveyed shall be improved and maintained as a public park for passive recreational use and shall be deemed public property for public use.

Section 2. There is appropriated to the New Castle County Vocational Technical School District the sum of $100,000 to help defray the costs of transferring programs now located in the Fletcher Brown School to other locations in and around the City of Wilmington.

This is a supplemental appropriation and the funds shall be paid by the State Treasurer out of funds not otherwise appropriated from the General Fund. Any funds not encumbered or expended by October 1, 1980 shall revert to the General Fund.

Section 3. To the extent the provisions of Chapter 45, Title 7, Delaware Code are applicable to the conveyance contemplated by this Act, the General Assembly shall be deemed to have specifically approved such conveyances and the conveyances shall be deemed to have been made in conformity with the requirements of Chapter 45, Title 7, Delaware Code.

Section 4. Insofar as any provision of this Act is inconsistent with any general, special or local laws, or part thereof, including without limitation 36 Del. Laws ch. 149, this Act shall be controlling.

Section 5. This Act shall become effective upon signature by the Governor.