CHAPTER 337

FORMERLY

SENATE BILL NO. 479

AN ACT TO ALLOW FOR THE EXCHANGE OF LANDS LOCATED IN BALTIMORE HUNDRED, SUSSEX COUNTY, DELAWARE, BETWEEN THE STATE OF DELAWARE AND EVA M. WILLIAMS.

WHEREAS, the State of Delaware is the owner of certain lands situate in Baltimore Hundred, Sussex County, Delaware, such lands lying on the easterly side of Delaware Route 1 between Bethany Beach and Fenwick Island and bounded on the North by privately held lands and lands of the State of Delaware, on the East and South by lands of the State of Delaware, and on the West by the easterly right of way line of Delaware Route 1, consisting of 1.84 acres more or less, as described in greater detail hereinafter; and

WHEREAS, Eva M. Williams is the owner of certain lands situate in Baltimore Hundred, Sussex County, Delaware, such lands lying on the easterly side of Delaware Route 1 between Bethany Beach and Fenwick Island and bounded on the North, East and South by lands of the State of Delaware and on the West by the easterly right-of-way line of Delaware Route 1, consisting of 1.84 areas more or less, as described in greater detail thereinafter; and

WHEREAS, the lands of Eva M. Williams as aforesaid represent an inholding of private lands which are surrounded by public lands of the State of Delaware located on the east side of Delaware Route 1; and

WHEREAS, the lands of the State of Delaware as aforesaid are located adjacent to private lands; and

WHEREAS, it would be advantageous to the State of Delaware in the exercise of its administration and control of State lands for the benefit of the public to own the aforesaid lands of Eva M. Williams thereby eliminating the inholding of private lands; and

WHEREAS, it would be advantageous to Eva M. Williams to own the aforesaid lands of the State of Delaware, such lands being adjacent to privately held lands.

NOW, THEREFORE:

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

Section 1. The State of Delaware, acting through the Secretary of the Department of Natural Resources and Environmental Control, is authorized and directed, upon receipt of a Deed in form acceptable to the Secretary for the lands referenced in Section 2 hereof, to provide to Eva M. Williams, (including her heirs, successors, assigns, executors, administrators and legal representatives) a quit claim deed granting unto Eva M. Williams as aforesaid all the right, title and interest of the State of Delaware in and to that certain lot, piece or parcel of land situate in Baltimore Hundred, Sussex County, State of Delaware, lying on the Easterly side of Delaware route 1, and being bounded on the North by privately held lands and lands of the State of Delaware, on the East and on the South by lands of the State of Delaware, and on the West by the easterly right-of-way line of Delaware Route 1, and being more particularly bound and described as follows, to-wit:

BEGINNING at the public land survey marker designated as S17 on the Easterly right-of-way line of Delaware Route 1, as shown on Survey Sheet 5 of 15 of the State of Delaware Public Land Survey as prepared by Vandemark & Lynch, Inc. and dated February 1, 1978, thence from said point of beginning the following six courses and distances:

(1) Along the Easterly right of way line of Delaware Route 1, and being along the arc of a circle curving to the left, radius 3869.72 feet an arc distance of 25.01 feet to a point in lino of private lands;

(2) thence with same, and also with lands of the State of Delaware, N 82° 37'E, 281.00 feet to a point in line of lands of the State of Delaware;

(3) thence with same, S 4° 15' 51" E, 297.71 feet to a point in line of lands of the State of Delaware;

(4) thence with same, S 87° 15' 05" W, 281.00 feet to a point in the easterly right of way line of Delaware Route 1;

(5) thence with same, N 2° 44' 55" W, 43.03 feet to a point of curve;

(6) thence continuing along the easterly right of way line of Delaware Route 1, along the arc of a circle curving to the left, radius 3879,72 feet ab arc distance of 206.99 feet to the point and place of beginning. Containing 1.84 acres of land more or less.

Section 2. As a condition to the conveyance of lands as set forth in Section 1 hereof, the Secretary of the Department of Natural Resources and Environmental Control shall receive on behalf of the State of Delaware a quit claim Deed in form acceptable to the Secretary granting to the State of Delaware all right, title and interest of Eva M. Willimas (including her heirs, successors, assigns, executors, administrators and legal representatives) in and to that certain lot, piece or parcel of land situate in Baltimore Hundred, Sussex county, State of Delaware. lying on the Easterly side of Delaware Route 1, and being bounded on the North, East and South by lands of the State of Delaware and on the West by the easterly right of way line of Delaware Route 1, and being more particularly bound and described as follows, to -wit:

BEGINNING at the public land survey marker designated as S23 on the Easterly right-of-way line of Delaware Route 1, as shown on Survey sheet 5 of 15 of the State of Delaware Public Land Survey as prepared by Vandemark & Lynch, Inc. and dated February 1, 1978, thence from said point of beginning the following four courses and distances:

(1) Along the Easterly right of way line of Delaware Route 1, (from coordinate point N 177, 788.45 - E 604, 022.36) N 09° 17' 10" W a distance of 1039.36 feet to the public land survey marker designated as S 26 (at cordinate point N 178, 814.19 - E 603, 854.64);

(2) thence S 11° 59' 20" E a distance of 416.11 feet to the public land survey marker designated as S25;

(3) Thence S 27° 22' 32" E a distance of 659.23 feet to the public land survey marker designated as S24;

(4) thence S 81° 27' 49" W a distance of 224.33 feet to the point and place of beginning. Containing 1.84 acres of land more or less.

Section 3. The authorization and directive to exchange lands as provided herein shall become effective as of the effective date of this enactment into law and shall remain in effect for a period of six (6) months thereafter. In the event the lands of Eva M. Williams as aforesaid are not provided within the said six (6) month period. the authorization and directive to exchange lands as provided herein shall become null and void and be of no force and effect.

Approved July 2, 1984.