CHAPTER 222

FORMERLY

HOUSE BILL NO. 398

AN ACT DIRECTING THE TRANSFER OF OAK GROVE SCHOOL SITE OF EAST DOVER HUNDRED, KENT COUNTY DELAWARE TO J. WARD HURLEY AND MILDRED J. HURLEY FOR A FEE.

WHEREAS, the State of Delaware claims title to and interest in a certain tract of property located on South Little Creek Road, Dover, East Dover Hundred, Kent County, Delaware, having an area of 0.8676 acres, more or less, and which was formerly the site of the Oak Grove School; and

WHEREAS, the State has not used or maintained this land for some years and has no plans to use this site; and

WHEREAS, between the years 1955 and 1977, J. Ward and Mildred J. Hurley, his wife, who were the owners of record of property adjoining the above-described tract, went into possession of the site; and

WHEREAS, during this time the said Mr. and Mrs. Hurley maintained and improved the tract by removing debris, regular mowing, burning and removing the abandoned school building, and filling and fencing the site; and

WHEREAS, in 1978, the 129th General Assembly of the State of Delaware recognized that, because of their long possession of and care for the site, Mr. and Mrs. Hurley had a claim to the premises of the Oak Grove School site and passed legislation directing the transfer of this property to Mr. and Mrs. Hurley; and

WHEREAS, this legislation, House Bill No. 440, was vetoed by the Governor because it transferred State property to private individuals without monetary consideration, which the Governor deemed to be an unwise precedent; and

WHEREAS, it has been established that $3,500 would be a fair price for the property, that price being arrived at by taking into account the fair market value of the property and the cost of maintenace provided by Mr. and Mrs. Hurley.

NOW, THEREFORE:

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

Section 1. The Secretary of State is hereby authorized and directed to execute and deliver, subject to the provisions of Section 2 hereof, in the name of and under the Great Seal of the State of Delaware, a deed and such affidavits as are required by law, conveying to J. Ward Hurley and Mildred J. Hurley, as tenants by the entirety, all the right, title and interest of the State of Delaware In and to the Oak Grove School site, East Dover Hundred, Kent County, Delaware, the said Oak Grove School site consisting of the original triangular shaped lot containing 47 square perches of land and an irregular size lot containing approximately .75 acres, which .75 acres is more particularly described as follows:

All that certain lot, piece and parcel of land situated in East Dover Hundred of the County of Kent in the State of Delaware and lying on the North side of the Public road leading from the City of Dover to Little Creek Landing and adjoining other lands of late of the said Charles E. Peake deceased lands of Thomas H. Denney and the original lot of land belonging to the said School District No. 13 of Kent County aforesaid: The courses and distances whereof are as follows, to wit: Beginning at a stone in the middle of the above said Public road leading from Dover to Little Creek Landing that stone being the Southeast corner of the said original school house lot and thence running with the lines of said lot North nine and one-half degrees East ninety-four feet to a stone. Thence South eighty and three-fourths degrees West two hundred and forty-four feet to a marked corner sweet gum on the North side of the aforesaid public road to a corner for said original school house lot and the lands hereby conveyed and is at or near the corner of land of Thomas II. Denney. Thence with the line of Denney's land North thirty-six and one-half degrees West one hundred and ninety-one feet to a stone now set In said Denney's line for a corner of the land hereby conveyed and for other land late of the aforesaid Charles E. Peake. Thence with the other land of said Peake South eighty-one degrees East three hundred and seventy-eight feet to a stone. Thence South nine and one-half degrees West one hundred and fifty-two feet to a stone now set in the middle of the aforesaid Public road leading from Dover to Little Creek Landing for a corner of the land hereby conveyed and the other lands late of the aforesaid Charles F.. Peake deceased and thence with said road North eighty-one degrees West ten feet to the place of beginning containing three-fourths of an acre of land, net measurement according to a survey thereof made in the month of May, A.D. 1880: The same being part of the farm or tract of land which the said Charles E. Peake died seized and possessed:...".

Section 2. The State of Delaware shall convey all its right, title and interest in and to the Oak Grove School site of East Dover Hundred, Kent County, Delaware, to J. Ward Hurley and Mildred J. Hurley if the grantees comply with the following prerequisites:

a. Pay to the State of Delaware the sum of Three Thousand and Five Hundred Dollars ($3,500); and

b. Have prepared at their own expense a deed containing a survey description of the lands to which the grantees claim title; and

a. 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.

Section 3. This Act shall be deemed and taken to be a public Act.

Approved April 20, 1982.