CHAPTER 223

FORMERLY

HOUSE BILL NO. 306

AN ACT AUTHORIZING THE CONVEYANCE OF THE STATE OF DELAWARE'S INTEREST, IF ANY, IN CERTAIN LANDS LOCATED IN SUSSEX COUNTY, DELAWARE RECEIVED BY QUIT-CLAIM CONVEYANCE FROM THE UNITED STATES OF AMERICA.

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

Section 1. The State of Delaware is hereby authorized and directed to convey by quit-claim deed the following lands located in Sussex County, Delaware to Hazell M. Smith and Gills Neck Realty Co.:

“ALL THAT CERTAIN piece, parcel and tract of land, lying and being situate in Lewes and Rehoboth Hundred, Sussex County and State of Delaware, being more fully described as follows, to wit:

BEGINNING at a point at the intersection of these lands, lands of J. G. Townsend, Jr. & Co. and lands of Otis H. Smith, being on the southerly side of the proposed Lewes and Rehoboth Canal; thence proceeding with said southerly side of the Canal and with lands of Otis H. Smith and lands of Gill’s Neck Realty Company the following three courses and distances: (1) deflecting right along a 7739.49 foot radius curve, the chord of which bears North 34 degrees 25 minutes 40 seconds West 145.51 feet, an arc distance of 145.51 feet to a point of tangency; (2) North 33 degrees 53 minutes 21 seconds West 1336.15 feet to a point of curvature, and (3) deflecting left along a 3270.00 foot radius curve, the chord of which bears North 39 degrees 50 minutes 21 seconds West 677.94 feet, an arc distance of 679.16 feet to a point at the intersection of the proposed Canal right of way with the existing Canal right of way; thence running through said Canal, North 44 degrees 12 minutes 34 seconds East 184.50 feet; thence continuing through said Canal, South 75 degrees 49 minutes 21 seconds East 220.56 feet to a point on the northerly side of the proposed Canal; thence running with said northerly side, lands of Otis H. Smith and lands of Gill’s Neck Realty Co., the following three courses and distances: (1) deflecting right along a 3570.00 foot radius curve, the chord of which bears South 38 degrees 18 minutes 22 seconds East 549.89 feet, an arc distance of 550.44 feet to a point of tangency; (2) South 33 degrees 53 minutes 21 seconds East 1336.15 feet to a point of curvature; and (3) deflecting left along a 7439.49 foot radius curve, the chord of which bears South 34 degrees 07 minutes 32 seconds East 61.40 feet, an arc distance of 61.40 feet to a corner for lands of the aforementioned J. G. Townsend, Jr. & Co. and lands of Otis H. Smith, thence finally, running through said Canal and with lands of Townsend and Smith, South 40 degrees 2 minutes 43 seconds West 310.49 feet to the place of beginning, containing 14.54 acres of land, more or less.

AND BEING depicted upon a certain plat prepared by Vandermark & Lynch, Inc. entitled “Property & Placement, Lands of Gill’s Neck Realty, Co. & Otis H. Smith, lying between Gill’s Neck Road and the Lewes and Rehoboth Canal” dated June 20, 1994.

That portion of the aforedescribed property lying to the North of the line dividing the lands of Gill’s Neck Realty Co. (Sussex County Tax Map 3–35-9, Parcels 1 and 11) and the lands of Otis H. Smith (now Hazell M. Smith; Sussex County Tax Map 3-35-9, Parcels 1.1 and 11.1) is hereby granted unto Gills Neck Realty Co.; and that portion of the aforedescribed property lying to the South of the line dividing the aforesaid lands is hereby granted unto Hazell M. Smith.

BEING a part of the lands described in a certain Quit-Claim Deed between the United States of America, acting by and through the Regional Director, National Park Service, South Eastern Region, Grantor and The State of Delaware, Grantee, dated November 24, 1993 and recorded November 30, 1993 in the Office of the Recorder of Deeds, in and for Sussex County at Georgetown, Delaware in Deed Book 1947, Page 263 and described as “Tract B”, therein. Reference is hereby made to a certain Release and Transfer of Covenants and Restrictions, by and between the State of Delaware and the United States of America acting by and through the National Park Service, dated April 23, 1999 and recorded in the Office of the Recorder of Deeds, aforesaid, in Deed Book 2383, Page 175, wherein the terms, conditions, covenants and restrictions imposed by the United States on the lands conveyed under the aforesaid Quit-Claim Deed dated November 24, 1993 and recorded in Deed Book 1947, Page 263, are fully released as to the property conveyed hereunder.

It is the intention of this Quit-Claim Deed to convey any and all right, title and interest that the State of Delaware may have in that portion of the lands originally intended or proposed as an inland waterway (originally described in a certain document recorded June 27, 1892, in the Office of the Recorder of Deeds, aforesaid in Deed Book 118, Page 67 &c., and originally depicted upon a map entitled “U.S. Reservation for a Canal between Rehoboth Bay and Delaware Bay…”, recorded in the Office of the Recorder of Deeds, aforesaid in File Case 1, Pages 54(a), (b), (c) and (d)), which are located within or adjacent to other lands currently owned by Gills Neck Realty Co. and Hazell M. Smith (formerly the lands of Otis H. Smith) lying on either side of the abandoned inland waterway, sometimes referred to as the abandoned Lewes and Rehoboth Canal, wherever or however such lands are described and/or depicted in any deed, survey, plot or other document.”

Section 2. The conveyance of the above-described lands shall be exempt from the provisions of Title 29, Chapter 94, and Title 7, Chapter 45.

Section 3. The Governor or Secretary of the Department of Natural Resources and Environmental Control is authorized to execute and deliver a quit-claim deed to the above-describe