CHAPTER 348

FORMERLY

HOUSE BILL NO. 718

AN ACT TO APPROVE THE TRANSFER AND CONVEYANCE OF CERTAIN LAND BETWEEN THE STATE OF DELAWARE AND DELMARVA POWER AND LIGHT COMPANY.

WHEREAS, the State of Delaware acquired a certain parcel of property from Alfred E. Brennan, trustee under a trust agreement located in New Castle County, Pencader Hundred on November 15, 1971; and

WHEREAS, the said property was acquired along with other parcels to serve as State park land under the control of the Department of Natural Resources and Environmental Control; and

WHEREAS, the Department of Natural Resources and Environmental Control cannot make effective use of a small portion of the acreage containing 0.2247+ acres and desires to transfer said land to Delmarva Power and Light Company in exchange for an eqUivalent parcel of land; and

WHEREAS, Delmarva Power & Light Company will convey a parcel of land containing 0.2247+ acres to the State which the Department of Natural Resources and Environmental Control can effeCtively utilize.

NOW, THEREFORE:

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

Section 1. The Governor of the State and the Secretary of the Department of Natural Resources and Environmental Control are authorized and empowered to execute and deliver to Delmarva Power & Light Company a good and sufficient deed transferring and conveying the following described real property:

Beginnning at a point in the southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide; said point being the northeast corner for the newly created parcel herein being described and being further located S87 degrees-01'-30"W, 111.80' along the said southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide, from its intersection with the center line of an existing overhead transmission line. Thence from the said point of beginning and along the property division line between lands of the State of Delaware (D/R Q-85-212) and lands now or formerly of Delmarva Power and Light Company (D/R V-56-534) S2 degrees-56-31"E, 326.21' to the southeast corner of the said newly created parcel herein being described; Thence through the said lands of the State of Delaware (D/R Q-85-212) and along the southerly line of the said newly created parcel herein being described, in part, and along the westerly line of the said newly created parcel herein being described, in part, the two (2) following described courses and distances: (1) Along the said southerly line of the newly created parcel herein being described S87 degrees-01'-30"W, 30.00' to the southwest corner of the said newly created parcel herein being described; and (2) thence along the said westerly line of the newly created parcel herein being described N2 degrees-56'-31"W, 326.21' to a point in the said southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide; Thence along the said southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide, and along the northerly line of the said newly created parcel herein being described N87 degrees-01'-30"E, 30.00' to the said northeast corner of the newly created parcel herein being described, the point and place of beginning. Containing within the said described metes and bounds 0.2247+ acres of land be the same, more or less.

Section 2. The Governor of the State and the Secretary of the Department of Natural Resources and Environmental Control are authorized to accept and receive from Delmarva Power & Light Company a good and sufficient deed to the following described real property:

Beginning at a point in the property division line between lands now or formerly of Delmarva Power and Light Company, (D/R V-56-534) and other lands of the State of Delaware (D/R Y-55-083), said point also being the northeast corner of the newly created parcel herein being described and being further located the two (2) following described courses and distances from the intersection of the centerline of an existing overhead transmission line with the southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide; (1) Along the said southerly right-of-way line of Delaware State Road No. 54 (Howell School Road) at 50' wide N87 degrees-01-30"E, 21.31' to a point, and (2) Thence leaving the said southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide, S2 degrees-52'00"E, 326.21. Thence from the said point of beginning and continuing along the said property division line between land's now or formerly of Delmarva Power and Light Company, (D/R V-56-534) and other lands of the State of Delaware (D/R Y-55-083) S2 degrees-52'-00"E, 73.79' to the southeast corner of the newly created parcel herein being described; Thence continuing along the said property division line bwetween lands now or formerly of Delmarva Power and Light Company (D/R V-56-534) and other lands of the State of Delaware (D/R Q-85-212) and the two (2) following described courses and distances: (1) B87degrees-01-30"W 132.58' to the southwest corner of the newly created parcel herein being described; and (2) Thenee N2 degrees-56'-31"W, 73.79' to the northwest corner for the newly created parcel herein being described: Thence through the said lands now of formerly of Delmarva Power and Light Company (D/R V-56-534) and along the northerly line of the newly created parcel herein being described N87 degrees-01'-30"E, 132.68' to the northeast corner of the newly created parcel herein being described, the point and place of beginning.

Containing within the said described metes and bounds 0.2247+ acres of land be the same, more or less.

Reserving, however, unto Delmarva Power and Light Company, its' successors and assigns, forever, the right to use for utility purposes, a triangularly shaped right-of-way more particularly described as follows: Beginning at the northwest corner of the fee parcel previously described above; said point being futher located the two (2) following described courses and distances from the intersection of the centerline of an existing overhead transmission line with the southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide; (1) Along the said southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide, S87degrees-01'30"W, 111.80 to a point; and (2) Thence leaving the said southerly right-of-way line of Delaware State Road No. 54 (Howell School Road), at 50' wide; S2 degrees-56'-31"E, 326.21'. Thence from the said point of beginning and along the northerly line of the said fee parcel previously described above N87 degrees-01'-30"E, 39.30' to a point; Thence through the said fee parcel previously described above S49 degrees-51'-45"W, 49.34' to a point in the westerly line of the said fee parcel previously described above; Thence along the said westerly line of the said fee parcel previously described above N2 degrees-56'-31"W, 29.81' to the said northwest corner of the fee parcel previously described above, the point and place of beginning.

Section 3. The real property transferred and the real property received are both to be given and received subject to any easements and rights of way of record.

Approved July 8, 1982.