CHAPTER 28

FORMERLY

SENATE BILL NO. 185

AN ACT AUTHORIZING AND DIRECTING THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION TO TRANSFER TO THE TOWN OF SMYRNA APPROXIMATELY 35.504 ACRES OF LAND, MORE OR LESS, FOR THE PURPOSE OF UTILIZING IT FOR CURRENT RECREATION PURPOSES AND FURTHER WAIVING THE PROVISIONS OF SECTION 137, CHAPTER 1, TITLE 17, DELAWARE CODE.

WHEREAS, on March 23, 1967, the Department of Transportation, Division of Highways, leased to the Town of Smyrna a parcel of land for the purpose of public recreation specifically for development and use as baseball field(s) complex for a period of 25 years, with the option of a ten-year renewal; and

WHEREAS, the parcel of land consists of approximately 35.504 acres, more or less, situated in Duck Creek Hundred, Kent County, State of Delaware, more specifically described as being on the northerly side of Kent County Road 134, running from Smyrna to Clayton and designated as the Old Council Borrow Pit comprised of Council Pit No. 1, New Council Pit No 2 and 2A, Council Pit No. 3 and Parcel No. 4; identified graphically on Department of Transportation's Right-of-Way Section Plot No. k-19; and

WHEREAS, the Town of Smyrna caused to be built on these lands a number of baseball fields and outbuildings and has maintained them according to the provisions of the lease; and

WHEREAS, the Town of Smyrna is desirous to have these lands conveyed to them for the continued operation and maintenance of said baseball fields; and

WHEREAS, under the provisions of Section 137, Chapter 1, Title 17, Delaware Code, the Department of Transportation is required to dispose of surplus land at fair market value; and

WHEREAS, it is the intention that this Act is not subject to the provisions of Chapter 94, Title 29, Delaware Code; and

WHEREAS, the Town of Smyrna requests these lands be conveyed in fee simple for the sum of $1.00 in consideration of the fact that the Town of Smyrna has assume great expense in construction and maintenance of said complex and has provided a very worthwhile recreational facility for the community and desires to protect their interests in perpetuity; and

WHEREAS, the Department of Transportation, Division of Highways has declared said property surplus to its need and does not object to such conveyance.

NOW, THEREFORE:

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

Section 1. The Secretary of the Department of Transportation, Division of Highways, is hereby authorized, empowered and directed to transfer title by deed, that parcel of land herein above described and presently owned by the State of Delaware and under its jurisdiction, to the Town of Smyrna, Delaware for consideration of $1.00 contingent upon the following conditions which shall be stipulated and recorded in the deed hereby authorized:

1) The land herein authorized to be conveyed to the Town of Smyrna shall be used for current recreational purposes.

2) The deed shall contain a reversion clause to the effect that if the Town of Smyrna, shall cease to use said property for its intended purpose herein stated, then in that event said property shall revert to the State of Delaware, Department of Transportation.

3) The Department of Transportation shall have the right to retain any land required to be maintained as right-of-way for the existing adjacent public road known as Kent County Road No. 134.

4) The Town of Smyrna agrees to reconvey any portion of said tract to the Department of Transportation, should such lands .be required in the future for public transportation related projects at no cost to the State of Delaware.

Section 2. The provisions of §137, Chapter 1, Title 17, Delaware Code, and the provisions of Chapter 94, Title 29, Delaware Code, are hereby waived for the purpose of conveying said land in question to the Town of Smyrna, Delaware.

Approved May 31, 1989.