CHAPTER 432

FORMERLY

SENATE BILL NO. 352

AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL PROPERTY FROM THE BOARD OF TRUSTEES OF DELAWARE TECHNICAL AND COMMUNITY COLLEGE TO THE DELAWARE TECHNICAL AND COMMUNITY COLLEGE EDUCATIONAL FOUNDATION.

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, Delaware Technical & Community College (hereafter “The College”) is a state agency offering comprehensive educational opportunities as Delaware’s only statewide multi-campus community college; and

WHEREAS, in addition to providing open admission, postsecondary education at the Associate’s Degree level, The College offers career, general, developmental and transfer education, lifelong learning and community services; and

WHEREAS, the Delaware Technical & Community College Educational Foundation (hereafter “The Foundation”) is a private non-profit entity organized and existing under the laws of the State of Delaware for the purpose of receiving charitable contributions to further the educational mission of The College; and

WHEREAS, by deed dated November 22, 1994, Robert W. Tunnell and Eolyne K. Tunnell conveyed to The Board of Trustees of Delaware Technical & Community College a future interest in improved real property located in the Town of Georgetown, Sussex County, having an address of 219 S. Bedford Street and identified in the county land records as tax map and parcel 1-35-20.05-57.00 and 58.00. The conveyance remains subject to a life estate; and

WHEREAS, The College received title to improved real property by will of the late Elsie E. Williams located in the Town of Millsboro, Sussex County, Delaware, known as 105 W. State Street, and identified in the county land records as tax map and parcel 1-33-17.13-21 and 129; and

WHEREAS, in addition to the above-referenced real property, Mrs. Williams bequeathed to The College two unimproved parcels of real property located on Washington Street, Millsboro, Sussex County, Delaware and identified in the county land records as tax map and parcel 1-33-17.13-130 and 131; and

WHEREAS, as charitable gifts and bequests intended to financially benefit The College, the proper entity to hold title to these assets is The Foundation; and

WHEREAS, transferring title of the aforementioned parcels of real property to The Foundation will preserve and fulfill the donors’ intentions of providing resources to carry out the educational mission of The College.

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. Notwithstanding any provision of law or regulation to the contrary, including those contained in Chapter 94, Title 29 of the Delaware Code, the transfer and conveyance of those certain parcels of land, and all structures and improvements situated thereon, located at 219 S. Bedford Street in the Town of Georgetown, Sussex County, Delaware (TMP 1-35-20.05-57.00 and 58.00) from the Board of Trustees of Delaware Technical & Community College to the Delaware Technical & Community College Educational Foundation is hereby specifically approved. The transfer shall be subject to all of the terms and conditions existing in the deed to The College.

Section 2. Notwithstanding any provision of law or regulation to the contrary, including those contained in Chapter 94, Title 29 of the Delaware Code, the transfer and conveyance of those certain parcels of land, and all structures and improvements situated thereon, located at 105 W. State Street (TMP 1-33-17.13-21.00 and 129.00) and on Washington Street (TMP 1-33-17.13-130.00 and 131.00) in the Town of Millsboro, Sussex County, Delaware, from the Board of Trustees of Delaware Technical & Community College to the Delaware Technical & Community College Educational Foundation are hereby specifically approved.

Section 3. The Board of Trustees of Delaware Technical & Community College is hereby authorized and empowered to execute and deliver to the Delaware Technical & Community College Educational Foundation a good and sufficient deed to the aforesaid real property.

Section 4. The Delaware Technical & Community College Educational Foundation shall accept the property in “as is” condition at the time of conveyance.

Section 5. This bill shall become effective upon its enactment into law.

Approved July 20,2006