SENATE BILL NO. 442
AN ACT RELATING TO PERMITTING THE COLONIAL SCHOOL DISTRICT TO CONVEY TO THE ROSE HILL COMMUNITY CENTER INC. THE BUILDING AT 19 LAMBSON LANE, NEW CASTLE, DELAWARE AND TO CONVEY TO THE HOWARD J. WESTON COMMUNITY AND SENIOR CENTER, INC. THE BUILDING AT BASSET AVENUE, MANOR PARK, NEW CASTLE, DELAWARE.
WHEREAS, the Colonial School District ("Colonial") holds title to the building and land located at 19 Lambson Lane, and the building and land located at Basset Avenue, Manor Park ("the Properties"); and
WHEREAS, the State of Delaware has a 60% interest in the Properties and Colonial has a 40% interest in the Properties; and
WHEREAS, the Rose Hill Community Center ("Rose Hill") has leased the Lambson Lane Property for approximately 14 years, and the Howard J. Weston Senior Center, Inc. ("Howard Weston") has leased the Bassett Avenue Property for approximately 14 years; and
WHEREAS, Colonial has no intention of using the buildings located on the Properties for school purposes given the cost of renovating the buildings, coupled with the fact that such use would displace organizations (Rose Hill and Howard Weston) providing vital services to their respective communities; and
WHEREAS, Colonial is willing to convey the Lambson Lane building to Rose Hill, and the Basset Avenue property to Howard Weston, together with the land occupied by such buildings, and the land immediately surrounding the buildings, but Colonial is prohibited from doing so by 14 Del C. §1057.
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. Section 1057 of Title 14 notwithstanding, Colonial may convey
to Rose Hill the building it leases, and may convey to Howard Weston the building it leases, together with the land occupied by each such building, and the land immediately surrounding each building. Colonial shall determine how much of the land surrounding each building shall be conveyed in order to accommodate current use of the buildings by Rose Hill and Howard Weston. Such conveyances shall be "as is" in that Rose Hill and Howard Weston shall accept the buildings and land in their present condition.
Section 2. In order to compensate Colonial for its 407. interest in the
portion of the Properties conveyed to Rose Hill and Howard Weston, the State hereby transfers to Colonial its 60% interest in those portions of these two properties which are retained by Colonial.
Approved July 13, 1994.