CHAPTER 40

FORMERLY

HOUSE BILL NO. 91

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL PROPERTY FROM THE CAPE HENLOPEN SCHOOL DISTRICT TO CAREY COMMUNITIES, INC., AND THE TOWN OF MILTON, AND THE TRANSFER OF CERTAIN REAL PROPERTY FROM CAREY COMMUNITIES, INC. TO THE CAPE HENLOPEN SCHOOL DISTRICT.

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

WHEREAS, it is the desire of the Town of Milton to allow orderly and reasonable growth to occur in conformance with the Town of Milton Comprehensive Plan through professional land use planning and landscape architecture; and

WHEREAS, lands of Carey Communities, Inc., known as Sussex County Tax Map Parcel 2-35-20 56.00 consisting of 128 acres more or less currently lie within the corporate boundaries of the Town of Milton, Delaware; and

WHEREAS, lands of Cape Henlopen School District, known as Sussex County Tax Map Parcel 2-35-20 56.01; 2-35-20 56.02; 2-35-20 56.03; consisting of 34.69 acres more or less currently lie within the corporate boundaries of the Town of Milton, Delaware and immediately adjacent to lands of Carey Communities, Inc.; and

WHEREAS, Carey Communities, Inc., seek to develop Sussex County Tax Map Parcel 2-35-20 56.00 under the guidelines of the Federal, Sussex County, State of Delaware and Town of Milton Zoning Ordinances and Codes, into a well planned and high quality residential community integrated with the Town and each adjoining property; and

WHEREAS, Carey Communities, Inc., is currently in the process of securing Town of Milton zoning approval for a 128 acre R-1 LPD (Large Parcel Development); and

WHEREAS, Carey Communities, Inc., and the Town of Milton have reached an agreement that a Satellite Package Treatment Plant (SPTP) is a desirable temporary solution to provide sanitary wastewater treatment to the property of Carey Communities, Inc., allowing development to proceed immediately upon receipt of all required approvals from involved regulatory agencies; and

WHEREAS, Carey Communities, Inc., seeks to provide well-planned visual, vehicular and land use connections to all abutting properties to enhance, benefit and further contribute to the safety, quality of life and community in the Town of Milton

WHEREAS, in order to achieve this objective, Carey Communities, Inc., will transfer adjacent land to Cape Henlopen School District and the Cape Henlopen School District will transfer adjacent land to Carey Communities, Inc., and the Town of Milton.

WHEREAS, Carey Communities, Inc., has agreed to construct new athletic fields and reconstruct an existing softball field for the Cape Henlopen School District on locations illustrated on the site plan for the property.

NOW THEREFORE:

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

Section 1. Notwithstanding any provisions to the contrary, including the requirements of § 1057, Title 14 of the Delaware Code, and given the agreement of the State Department of Education, Cape Henlopen School District and the Cape Henlopen Board of Education, the transfer and conveyance of 3.76 acres more or less, from the Cape Henlopen School District to Carey Communities, Inc., is hereby specifically approved.

The property is more specifically described as follows:

BEGINNING for the purpose of this description at a point on the northerly outlines of the lands of Carey Communities, Inc., said point being South 44 degrees, 56 minutes, 41 seconds West, measured along said outlines, 266.95 feet from a rebar found as shown on a Plat entitled Perimeter Survey, Lands of Charles D. Carey, Trustee, prepared by Compass Point Associates, L.L.C., dated March 2004 and intended to be recorded in the Office of the Recorder of Deeds in and for Sussex County at Georgetown, Delaware; thence from said point of BEGINNING running by and with a portion of said northerly outlines, the following three (3) courses and distances: (1) South 44 degrees, 56 minutes, 41 seconds West, 474.08 feet, (2) South 13 degrees, 36 minutes, 28 seconds West, 265.43 feet, (3) South 44 degrees, 56 minutes, 41 seconds West, 119.45 feet to a point being a common corner for the lands being described and lands of Carey Communities, Inc., to be conveyed to Cape Henlopen School District; thence running through and across Parcel B, lands formerly of the Revocable Trust of Margaret B. Carey and continuing through and across the lands of Cape Henlopen School District, as shown on said Plat, for new lines of division, the following four (4) courses and distances: (1) North 28 degrees, 03 minutes, 43 seconds West,139.34 feet, (2) Northwesterly by a non-tangent curve to the left, having a radius of 45,614.92 feet, an arc length of 307.78 feet and a delta angle of 00 degrees, 23 minutes, 12 seconds, (3) North 61 degrees, 56 minutes, 19 seconds East, 499.12 feet, (4) Northeasterly by a non-tangent curve to the right, having a radius of 425.00 feet, an arc length of 258.67 feet and a delta angle of 34 degrees, 52 minutes, 22 seconds to the point of beginning and containing 3.76 Acres of land more or less.

Section 2. The State of Delaware and/or the Cape Henlopen School District is hereby authorized and empowered to execute and deliver to Carey Communities, Inc., a good and sufficient deed to the said real property.

Section 3. Notwithstanding any provisions to the contrary, including the requirements of § 1057, Title 14 of the Delaware Code, and given the agreement of the State Department of Education, Cape Henlopen School District and the Cape Henlopen Board of Education, the transfer and conveyance of property containing 0.42 acres more or less, from the Cape Henlopen School District to the Town of Milton. is hereby specifically approved.

The property is more specifically described as follows:

BEGINNING for the purpose of this description at a point on the northerly outlines of a 3.76 acre Parcel of Land of Cape Henlopen School District to be conveyed to Carey Communities, Inc., said point being North 61 degrees, 56 minutes, 19 seconds East, measured along said northerly outlines, 26.74 feet from the northwesternmost corner of said lands to be conveyed; thence running through and across the lands of Cape Henlopen School District, for new lines of division, the following three (3) courses and distances: (1) North 23 degrees, 43 minutes, 33 seconds West, 7.11 feet, (2) Northwesterly by a tangent curve to the left, having a radius of 720.00 feet, an arc length of 150.19 feet, and a delta angle of 11 degrees, 57 minutes, 07 seconds, (3) North 35 degrees, 40 minutes, 40 seconds West, 142.27 feet to a point on the line of division between said lands of Cape Henlopen School District and lands now or formerly of Cannery Village, L.L.C.; thence running by and with a portion of said line of division, North 54 degrees, 19 minutes, 20 seconds East, 60.00 feet; thence running through and across said lands of Cape Henlopen School District for new lines of division, the following three (3) courses and distances: (1) South 35 degrees, 40 minutes, 40 seconds East, 142.27 feet, (2) Southeasterly by a tangent curve to the right, having a radius of 780.00 feet, an arc length of 162.71 feet and a delta angle of 11 degrees, 57 minutes, 07 seconds, (3) South 23 degrees, 43 minutes, 33 seconds East, 2.56 feet to a point on the aforementioned northerly outlines of lands to be conveyed to Carey Communities, Inc., thence running by and with a portion of said outlines, South 61 degrees, 56 minutes, 19 seconds West, 60.17 feet to the point of beginning and containing 0.42 acres (18,214 square feet) of land more or less.

Section 4. The State of Delaware and/or the Cape Henlopen School District is hereby authorized and empowered to execute and deliver to the Town of Milton a good and sufficient deed to the said real property.

Section 5. Simultaneous with the conveyance described in Sections (1) and (3) herein, Carey Communities, Inc, shall transfer and convey property containing 4.84 acres more or less to the Cape Henlopen School district.

The property is more specifically described as follows:

BEGINNING for the purpose of this description at a point on the easterly right-of-way line of State Route 5 (60’ wide), said point being a common corner for the Lands of Carey Communities, Inc., and Parcel A, Lands formerly of the Revocable Trust of Margaret B. Carey as shown on a Plat entitled Perimeter Survey, Lands of Charles D. Carey, Trustee, prepared by Compass Point Associates, L.L.C., dated March 2004 and intended to be recorded in the Office of the Recorder of Deeds in and for Sussex County at Georgetown, Delaware; thence from said point of BEGINNING running by and with the southerly outlines of said Parcel A and continuing by and with a portion of the southerly outlines of Parcel B, Lands formerly of The Revocable Trust of Margaret B. Carey as shown on said Plat, the following five (5) courses and distances: (1) North 44 degrees, 56 minutes, 41 seconds East, 416.41 feet, (2) South 60 degrees, 03 minutes, 19 seconds, East 205.71 feet, (3) North 44 degrees, 58 minutes, 05 seconds East, 364.34 feet, (4) North 28 degrees, 21 minutes, 06 seconds West, 141.83 feet, (5) North 44 degrees, 56 minutes, 41 seconds East, 171.35 feet; thence running through and across said Lands of Carey Communities, Inc., for new lines of division, the following five (5) courses and distances: (1) South 28 degrees, 03 minutes, 43 seconds East, 276.74 feet, (2) South 61 degrees, 56 minutes, 17 seconds West, 5.00 feet, (3) Southwesterly by a non-tangent curve to the right, having a radius of 10.00 feet, an arc length of 15.71 feet and a delta angle of 90 degrees, 01 minutes, 31 seconds, (4) South 61 degrees, 57 minutes, 49 seconds West 143.67 feet, (5) South 44 degrees, 02 minutes, 47 seconds West, 806.13 feet to a point on the aforementioned easterly right-of-way line of State Route 5; thence running by and with said right-of-way line, North 45 degrees, 57 minutes, 05 seconds West, 303.52 feet to the point of beginning and CONTAINING 4.84 acres of land more or less.

Section 6. The authority to convey granted to the Cape Henlopen School District by this Act is conditional upon the simultaneous conveyance by Carey Communities, Inc., as described above. If for any reason, no valid deed is issued by Carey Communities, Inc., then the power of Cape Henlopen School District to convey the tracts described above shall be null and void.

Section 7. The deed to the aforesaid real property described in Section 5 shall contain a provision whereby said property will revert to the State in the event that the property ceases to be used for school purposes.

Approved May 25, 2005