SENATE BILL NO. 263
AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL PROPERTY IN INDIAN RIVER HUNDRED, SUSSEX COUNTY, KNOWN AS WARWICK SCHOOL NO. 203, TO VETERANS OF FOREIGN WARS POST 10638.
WHEREAS, Warwick School No. 203, also known as "Johnson's School" ceased functioning as a public school in 1964 and has not been used for any purpose by the State of Delaware since that time; and
WHEREAS, the property was purchased and the school structure was built about 1920 by Pierre S. duPont's "Delaware School Auxiliary Association" and deeded to the State Board of Education at no cost to the taxpayers of the State of Delaware; and
WHEREAS, the General Assembly on June 30, 1982, approved the leasing of Warwick School No. 203 to Veterans of Foreign Wars Post 10638 of Millsboro, Delaware, for a period of 25 years, since which time V.F.W. Post 10638 has maintained and substantially improved the property at considerable expense to themselves; and
WHEREAS, a substantial portion of the value of the property at the present time is due to the funds Invested by V.F.W. Post 10638 in improvements during the period of their lease; and
WHEREAS, V.F.W. Post 10638 now desires to substantially enlarge the structure and Improve It further at its own expense, but does not consider it feasible or in the long-range best Interests of the post to invest a large sum of money in a building which the post does not hold title to.
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. Notwithstanding any provisions to the contrary, including those contained in Chapter 94, Title 29, Delaware Code, the transfer and conveyance of the following described real property to Veterans of Foreign Wars Post 10638 of Millsboro, Delaware, for the consideration of one dollar C$1.00) is hereby specifically approved:
All that certain tract, piece or parcel of land with improvements erected thereon, lying on the north side of Delaware Route 24, known as Warwick School No. 203 and being the same lands and premises which were conveyed as Tract No. Three of seven tracts by deed of John P. Nields and his wife, Mary C. Melds to the Delaware State Board of Education, said deed dated 7 April 1922 and now of record in the Office of the Sussex County Recorder of Deeds in Deed Book No. 232, Page 564; and being a part of the same lands which were conveyed by deed of Hugh Rodney Sharp and his wife, Isabella duPont Sharp, as Tract No. 18 of 22 tracts to John P. Nields, said deed dated 30 November 1920 and now of record in the said Recorder's office in Deed Book 226, Page 214; and being the same lands which were conveyed by deed of Sylvester W. Johnson and his wife, Mary Johnson, to Hugh Rodney Sharp, said deed dated 3 March 1920, and now of record in the said Recorder's office in Deed Book 220, Page 489.
Section 2. The Department of Public Instruction is hereby authorized and empowered to execute and deliver to Veterans of Foreign Wars Post 10638 a good and sufficient deed transferring and conveying the said real property.
Section 3. In the event that Veterans of Foreign Wars Post 10638 should no longer have any need or use for the above-described property, it shall automatically revert to the State of Delaware, and the deed conveying the said land shall contain a reverter provision to that effect.
Section 4. The deed shall contain a provision whereby the Grantee, V.F.W. Post 10638, agrees to convey any portion of said land, exclusive of any improvement thereon, to the Department of Transportation, should such land be required in the future for public transportation-related projects, at no cost to the State of Delaware.
Approved May 15, 1990.