CHAPTER 17

FORMERLY

HOUSE BILL NO. 107

AN ACT AUTHORIZING THE STATE OF DELAWARE TO CONVEY TO THE TOWN OF BETHANY BEACH PROPERTY TO BE USED FOR CERTAIN STORAGE PURPOSES.

WHEREAS, by deed dated November 10, 1969, recorded in the Of fiee of the Recorder 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 Baal nore Hundred, Sussex county, Delaware, as therein described, subject to all of the conditions and restrictions set forth in Chapter 298, Volume 56, Laws of Delaware; 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 storing vehicles, equipment, materials and personal property of the Town; and

WHEREAS, the tract of land, hereinafter described, is not used by the National Ouard 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, THEREFOR:

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, for the consideration of One Dollar (51.00), 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 storing vehicles, equipment, materials, and personal property of the Town, said Items to be stored in the open or in one or more buildings constructed for storage purposes only. The aforesaid tract of land shall revert to the State of Delaware in the event the Town fails to use the aforesaid tract of land for said purposes for any period of one year or longer subsequent to the date of the aforesaid deed of conveyance.

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

BEGINNING at a concrete monument in the western right-of-way of Delaware Route t, being a corner for these lands and the lands of Heirs of Wm. P. Short, thence South 8 degrees 16' 40" east 235.00 feet along said right-of-way to an iron pipe set, thence North 79 degrees 34' 40" West 632.16 feet along the northerly property line of lands now or formerly of The State of Delaware-Delaware National Guard to an iron pipe set, thence along the same course 1G feet, more or less, in all making a total of 648.16 feet, more or less to the water's edge of the Salt Pond, thence with the meanderings of the Salt Pond, the tie line bearing and distance being North 04 degrees 53' 02" East 223.64 feet to a point being the corner of these lands and the lands now or formerly of Heirs of Wm. P. Short, thence by and with the said lands of Heirs of Wm. P. Short South 79 degrees 34' 40" East 26 feet more or less to a concrete marker found, thence along the same course 568.40 feet, in all making a total of 594.40 feet, more or less, to the place of beginning, containing 3.175 acres of land, more or less. !aim 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, Said 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 of ingress and egress to, from and across the aforesaid tract of land for any lawful and proper purpose provided that said National Guard shall give the Town reasonable prior notice, oral or written, of its intention to enter upon such said tract of land for the aforesaid purposes.

Approved May 14, 1981.