CHAPTER 329

FORMERLY

HOUSE BILL NO. 229

AN ACT AUTHORIZING AND DIRECTING THE SECRETARY OF STATE TO CONVEY TO THE CITY OF NEW CASTLE TITLE TO TWO PARCELS OF LAND BOTH OF WHICH ARE LOCATED IN THE CITY OF NEW CASTLE, DELAWARE, ONE OF WHICH IS COMMONLY KNOWN AS BULL HILL, AND THE OTHER BEING A SMALL TRIANGULAR PARCEL OF LAND LOCATED ADJACENT TO ROUTE 9, SAID LANDS HAVING BEEN GIVEN TO THE COMMISSIONERS OF THE TOWN OF NEW CASTLE IN TRUST BY TWO SEPARATE ACTS OF THE DELAWARE LEGISLATURE, BEING CHAPTER 5B7, VOLUME 10, LAWS OF DELAWARE, AND A SUBSEQUENT SUPPLEMENT TO THE ACT, BEING CHAPTER 654, VOLUME 10, LAWS OF DELAWARE.

WHEREAS, the parcel of land known as Bull Hill was a "Burying Ground for the Poor" and in the absence of trustees for the administration of the burying ground, for reasons unknown, the Delaware Legislature passed an act on March 5, 1B51 entitled "An Act constituting the Commissioners of the Town of New Castle Trustees of the Free Burying Ground of the Poor in the said Town." being Chapter 5B7, Vol. 10, Laws of Delaware.

WHEREAS, the investiture of trusteeship to the Commissioners over said burial grounds gave them full power and authority to do all such lawful acts as may be necessary for the protection and preservation of the same; and

WHEREAS, on February 17, 1852 the General Assembly supplemented the original act by passing Chapter 654, Vol. 10, Laws of Delaware which reads as follows:

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That all the right, title and interest of the State of Delaware in and to the water lot extending from the fast land of the said burying ground out into the deep water of the Delaware River, and from North street to the south-western line of said burying ground, to the line of Elihu Jefferson, as now held by him, and also all the right, title and interest of the State of Delaware in and to the small triangular lot in said town, bounded by Vine Street, Chesnut Street, and the public road leading to Wilmington, be, and they are hereby vested in the commissioners of the town of New Castle, and their successors in office, for the use and benefit of the trust imposed

upon them by the act to which this is a supplement"; and

WHEREAS, early maps of the City of New Castle reflect that the area comprising approximately 5.6 acres of land on the northeast end of the City was actually used as a burying ground for the poor at some point in the past; and

WHEREAS, to date the earliest historical reference regarding this parcel of land appears on the Latrob map dated 1B03, said map identifying the area as a burying ground; and

WHEREAS, local legend regarding this area is that sometime before the second world war the area, nicknamed "Bull Hill" was bulldozed and since that time the area has been used as park land for the City of New Castle and also as a boat storage area at the point where the Broad Dyke Canal flows into the Delaware River; consequently, there is no evidence of any burying ground remaining and the City plans to continue to use the area for park purposes.

NOW THEREFORE:

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

Section 1. The Secretary of State is hereby authorized and directed to

convey through a quit claim deed to the City of New Castle all rights, title and claims to the two parcels of land, both of which are situated within City limits of New Castle and both of which have been under the trusteeship of the town since the 1850's for the consideration of $1.00, said metes and bounds of said parcels of land herein described:

Parcel I. Description of a triangular shaped parcel of property known as New Castle County, Tax Parcel #21-015.00-090, being bounded on the East by the Northwesterly side of Wilmington Road (formerly Broad Dyke), on the South by the Northeasterly side of Chestnut Street and on the West by the Southeasterly side of East Fourth Street (formerly Vine Street) in the City of New Castle, New Castle County, State of Delaware:

BEGINNING at a point of intersection formed by the Northeasterly side of Chestnut Street (at 50 feet wide) with the Southeasterly side of East Fourth Street (formerly Vine Street) at 54 feet wide;

THENCE from said point of Beginning along the said Southeasterly side of East Fourth Street in a Northeasterly direction to its point of intersection with the Northwwesterly side of Wilmington Road (formerly Broad Dyke) at 60 feet wide;

THENCE thereby, in a Southwesterly direction to its intersection with the said Northeasterly side of Chestnut Street, thence thereby, in a Northwesterly direction to said Southeasterly side of East Fourth Street, the point and place of Beginning.

CONTAINING a scaled area of 0.09 acres of land be the same more or less.

Parcel II. Decription of an irregular shaped parcel of property known as New Castle County, Tax Parcel No. 21 015.00-210, being bounded on the East by the Delaware River, on the South by Lands now of Trustees of New Castle Common (formerly the Delaware-New Jersey Ferry Company and State of Delaware) on the West by the Southeasterly side of East Second Street (formerly Market Street) and on the North by Lands now or formerly Rector and Vestryman of Immanuel Church of New Castle in the City of New Castle, New Castle County, State of Delaware;

BEGINNING at a point on the Southeasterly side of East Second Street (formerly Market Street) at 60 feet wide, said point being a common corner for said parcel herein being described and Lands now or formerly Joseph B. Klein, Jr., and Mary A. Klein, his wife, known as New Castle County, Tax Parcel No. 21-015.00-120 and recorded in Deed Record 8-47-228 and further located along the said Southeasterly side of East Second Street; in a Northeasterly direction, a distance of 238.38 feet (by survey of W. VanArsdale for property of State of Delaware, dated April 1953) from point of intersection with the Northeasterly side of Chestnut Street extended at 50 feet wide.

THENCE from said point of Beginning continuing along the said Southeasterly side of East Second Street, in a Northeasterly direction, a distance of 630 feet more or less, to a point in the approximate centerline of Broad Dyke Canal and also in line of lands now or formerly of Rector and Vestrymen of Immanuel Church of New Castle, recorded in Deed Record U-25-190 (Parcel # 2);

THENCE along said Lands of Rector and Vestrymen of the Immanuel Church of New Castle by the said centerline of Broad Dyke Canal, in an Easterly direction, by its various meanderings to the low water line of the Delaware River;

THENCE by the said low water line of the Delaware River, in a general Southerly direction, by its various meanderings to a corner for said Lands of Trustees of New Castle Common; known as New Castle County Tax Parcel No. 21-015.00-119 and recorded in Deed Record 1-78-199;

THENCE thereby, and by the northeasterly terminus of a 20 foot wide alley (running parallel with East Second Street) and by said Lands now or formerly Joseph B. Klein, Jr., and Mary A. Klein, his wife, in a Northwesterly direction to a point on the said Southeasterly side of East Second Street, the place of Beginning.

CONTAINING a scaled area of 5.6 acres of land be the same more or less."

Section 2. Any provision in the Delaware Code to the contrary are hereby waived for the purpose of conveying said parcels of land in question to the Town of New Castle, Delaware.

Approved July 8, 1994.