CHAPTER 277

FORMERLY

SENATE BILL NO. 401

AN ACT DIRECTING THE GOVERNOR AND THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO EXECUTE AND DELIVER DEEDS TO CERTAIN PERSONS FOR LAND IN BALTIMORE HUNDRED, SUSSEX COUNTY, DELAWARE.

WHEREAS, the public lands survey of 1977, completed and recorded in 1979, revealed an encroachment In Bay View Park on 6.21 acres of public lands comprising a part of the Assawoman Wildlife Area; and

WHEREAS, the Assawoman Wildlife Area was deeded to the State of Delaware by the U.S.A. by Deed to the State of Delaware dated September 24, 1954, and recorded in the Office of the Recorder of Deeds at Georgetown, Delaware, in Deed Book 447, Page 595. containing a restriction that in the event said property ceased to be used for public purposes that the entire parcel would revert to the United States of America; and

WHEREAS, the encroachment on 6.21 acres on public lands was inadvertent and had resulted from accretion, and the land thereafter was developed and sold to innocent purchasers; and

WHEREAS, the widow of the original developer has transferred to the State of Delaware a parcel of 8.0311 acres in substitution of the 6.21 acres; and

WHEREAS. the United States of America enacted Public Law 98-195 on December 1, 1983. removing the reversionary clause contained in its Deed to the State of Delaware dated September 24, 1954, and recorded in the Office of the Recorder of Deeds at Georgetown, Delaware, in Deed Book 447, Page 595, as it relates to the 6.21 acres in Bay View Park; and

WHEREAS, there are thirty-nine (39) lots involved in the 6.21 acre encroachment; and WHEREAS. there is a cloud on the title of the said 39 lots involved In the encroachment; and

WHEREAS, it would be an injustice for the State of Delaware to claim the premises now in the possession of the various lot owners since the State of Delaware has been made whole by the substitution of the 8.0311 acre parcel. and it is desired to confirm and ratify the title of the various lot owners in and to the land and premises described herein.

NOW, THEREFORE:

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

Section 1. The Governor and the Secretary of the Department of Natural Resources and Environmental Control of the State of Delaware, are hereby authorized, empowered 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 affixed by the Secretary of State, deeds and such affidavits as are required by law, conveying to the various lot owners. their heirs. executors and assigns. as their interests may appear. all the right, title and Interest of the State of Delaware in and to the following described tract of land:

BEGINNING at the point of intersection of the northeasterly side of Hassell Street (at 30 feet wide) with the northeasterly side of a 50-foot wide right-of-way known as Assawoman Street. said point being the four following described courses and distances from the Public Lands Monument S-31. located at the point of Intersection of the westerly right of way line of Delaware Route No. 1 (at 165 feet wide) (formerly Route No. 14) with the southwesterly side of York Road In York Beach development. and shown on a plan prepared by VanDemark & Lynch, Inc., entitled State of Delaware Public Land survey 1977, dated February 1. 1978. courses 1 through 3 being along the said westerly right of way line of Delaware Route No. 1: (1) South 02° 17' 05'. East, 761.66 feet to a point of curvature; (2) southeasterly by a curve to the right. having a radius of 5,644.58. an arc distance of 543.89 feet to a point of tangency; and (3) South or 14' 10" West. 104.34 feet to the point of Intersection of the said westerly side of Delaware Route No. 1 and the said northeasterly side of Assawoman Street; and (4) along the said northeasterly side of Assawoman Street, North 86° 45' 50" West. 583.28 feet to the point of Beginning; thence from said point of Beginning and along the said northeasterly side of Hassell Street, and crossing the said 50-foot wide right-of-way known as Assawoman Street. South 05 degrees 20 minutes 55 seconds East, 297,80 feet to a point In the low water line of Little Bay; thence by the various meanderings thereof, generally In a northwesterly and northeasterly direction, and the westerly limits of lands known as Bay View Park and Bay View Park First Addition, 1.666 feet, more or less, to a point, said point being distant by the seventeen following tie lines connecting points in or near the said low water line from the last described point: (1) South 39 degrees 04 minutes 05 seconds West, 45.00 feet to a point; (2) North 68 degrees 30 minutes 00 seconds West, 40.00 feet to a point; (3) North 30 degrees 50 minutes 00 seconds West, 72.00 feet to a point; (4) North 66 degrees 10 minutes 00 seconds West, 114.00 feet to a point; (5) North 62 degrees 34 minutes 00 seconds West. 178.00 feet to a point; (6) North 41 degrees 07 minutes 35 seconds West, 180.00 feet to a point; (7) North 22 degrees 10 minutes 50 seconds East. 138.00 feet to a point; (8) North 79 degrees 25 minutes 00 seconds East, 120.00 feet to a point; (9) North 47 degrees 20 minutes 00 seconds East, 87.00 feet to a point; (10) North 27 degrees 20 minutes 00 seconds East 67.00 feet to a point; (11) North 48 degrees 40 minutes 00 seconds East, 121.00 feet to a point; (12) North 66 degrees 50 minutes 00 seconds East, 23.00 feet to a point; (13) North 04 degrees 00 minutes 00 seconds West, 100.00 feet to a point; (14) North 25 degrees 52 minutes 00 seconds West, 74.00 feet to a point; (15) North 77 degrees 25 minutes 00 seconds West, 96.00 feet to a point; (16) North 02 degrees 00 minutes 00 seconds East, 145.00 feet to a point; and (17) North 81 degrees 52 minutes 00 seconds West, 66.00 feet to a point; thence by a line through Bay View Park the first and Second Additions, crossing Hassell Street and Todd Drive and through Lots Nos. 8, 10, 12, 14, 16, 18 and a portion of 20, North 09 degrees 57 minutes 20 seconds West, 650.30 feet to a point; thence continuing through a portion of Lot No. 20 and recrossing a portion of said Todd Drive, North 40 degrees 04 minutes 20 seconds West, 115.00 feet to a point in the low water line of Jefferson Creek; thence thereby the two following described courses and distances: (1) South 77 degrees 36 minutes 45 seconds East, 68.63 feet to a point; and (2) North 75 degrees 50 minutes 00 seconds East, 30.90 feet to a point; thence along the northeasterly line of Lot Nos. 2, 4, 6, 8, 10, 12, 14, 16, 18, and 20 of Bay View Park Second Addition. South 15 degrees 24 minutes 53 seconds East, 698.18 feet to a point in the line dividing Bay View Park First Addition from Bay View Park Second Addition and the northeasterly side of Hassell Street; thence by new lines along the said northeasterly side of Hassell Street the three following described courses and distances: (1) South 85 degrees 30 minutes 00 seconds East, 53.72 feet to a point; (2) South 15 degrees 24 minutes 53 seconds East, 295.00 feet to a point; and (3) South 05 degrees 20 minutes 55 seconds East, 469.20 feet to a point on the northeasterly side of said Assawoman Street and the point and place of Beginning. CONTAINING within such metes and bounds, 6.21 acres of land be the same more or less..., being a portion of Tract No. 24 of those lands conveyed by James Leslie Ford, Marshal of the United States of America for the District of Delaware to the United States of America in deed dated September 16, 1939, recorded November 20, 1939, in Deed Book 322, page 125, in the Office of the Sussex County Recorder of Deeds, Georgetown, Delaware.

Section 2. The State of Delaware shall convey all its right, title and interest in and to the land hereinbefore described to the various lot owners as their interests may appear, on condition that the respective grantees comply with the following prerequisites for the conveyance by the State of each parcel:

a. The grantees, through the law offices of Tunnell & Raysor, which law firm has agreed to prepare the individual deeds without cost to the State of Delaware or the grantees, shall have a deed prepared for that portion of the hereinbefore described lands to which the grantee or grantees, as the case may be, claim title;

b. To 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. The Governor and the Secretary of the Department of Natural Resources and Environmental Control are hereby directed to execute and deliver deeds to the various grantees as each grantee or grantees, as the case may be, complies with the requirements hereinbefore set forth.

Section 4. This Act shall be deemed and taken to be a public act.

Approved June 19, 1984.