CHAPTER 205

FORMERLY

HOUSE BILL NO. 289

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT AUTHORIZING THE CONVEYANCE OF THE STATE OF DELAWARE'S INTEREST IN CERTAIN LANDS LOCATED IN SUSSEX COUNTY, DELAWARE.

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 northwest corner of Tax Parcel 3-34-13-325, containing 8.19 acres, located on the southerly side of County Road 271 in Sussex County, Delaware to Epworth United Methodist Church, a Delaware corporation and member of the Peninsula Conference of the United Methodist Church, of 20 Baltimore Avenue, Rehoboth Beach, Delaware 19971.

Section 2. Simultaneous with the conveyance described in Section 1, Epworth United Methodist Church shall convey by quit-claim deed the southwest part of Tax Parcel 3-34-13-325.26, containing 8.78 acres, located on the northerly side of County Road 271 in Sussex County, Delaware and adjacent to Cape Henlopen State Park to the State of Delaware, Department of Natural Resources and Environmental Control. The land to be conveyed to the State of Delaware is open land that equals the fair market value and exceeds the acreage of the lands transferred to Epworth United Methodist Church in Section 1. Additionally, Epworth United Methodist Church shall place a conservation easement on its remaining 5.76 acres of Tax Parcel 3-34-13-325.26 restricting it in perpetuity to open space, recreation and cemetery use with the allowance for one church-related single family residence and associated outbuildings for the residence and cemetery use.

Section 3. The conveyances described in Sections 1 and 2 herein shall not take place unless and until such time as all appropriate approvals are received from all authorities and both parties agree to the exact metes and bounds description of the lands to be conveyed and the terms of such conveyance.

Section 4. Notwithstanding any laws of the State of Delaware to the contrary, the Governor or Secretary of the Department of Natural Resources and Environmental Control is authorized to execute and to deliver a quit-claim deed carrying out the conveyances herein described. The authority to convey granted to the State of Delaware by this Act is conditioned upon the simultaneous conveyance by Epworth United Methodist Church as described above. If, for any reason, no valid deed is issued by Epworth United Methodist Church, then the power of the State to convey the tract described above shall be null and void.

Approved February 3, 2004