CHAPTER 376

FORMERLY

HOUSE BILL NO. 487

AN ACT TO AMEND VOLUME 76, CHAPTER 65 OF THE LAWS OF DELAWARE RELATING TO THE TRANSFER OF CERTAIN REAL PROPERTY IN THE CITY OF HARRINGTON, KENT COUNTY, DELAWARE.

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

WHEREAS, the City of Harrington is a Delaware municipality; and

WHEREAS, the City of Harrington has a need for certain real property for recreational and other municipal-government activities; and

WHEREAS, the City of Harrington and the Delaware National Guard in the public’s interest have for some time been working together and allowing the City to conduct recreation programs at the armory; and

WHEREAS, the Delaware National Guard no longer has a use or need for this specific armory; and

WHEREAS, the City of Harrington wishes to fully utilize the Harrington armory property for the benefit of the citizens of the City; and

WHEREAS, the 144th Delaware General Assembly, through House Bill No. 96, intended to transfer and convey Harrington Readiness Center (RC) land and all structures situated thereof, located at 114 East Liberty Street, Harrington, Kent County, Delaware (Tax parcel I.D. 170.20-04-66-00) to the City of Harrington; and

WHEREAS, a portion of said property, specifically a controlled humidity storage facility structure located on the western portion of the property, is a federal structure; and

WHEREAS, the Delaware General Assembly cannot legally convey that portion of the property that is federal to the City of Harrington.

NOW THEREFORE:

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

Section 1. The transfer and conveyance of that certain parcel of land and controlled humidity storage structure situated thereon, located at 114 East Liberty Street, Harrington, Kent County, Delaware (Tax parcel I.D. 170.20-04-66-00) which was authorized through Volume 76, Chapter 65 of the Laws of Delaware to the City of Harrington shall not include the western portion of the property hereinafter described: The portion of the property is described by the existing property line starting at the most north western point (Point A) of the property and extending to a point (Point B) 161 feet in an easterly direction along the northern property line. Further, described by the existing property line starting at the most south western point (Point C) of the property and extending to a point (Point D) 161 feet in an easterly direction along the southern property line. Further, described by a straight line starting at Point B and running 268 feet more or less in a southerly direction to Point D.

Section 2. The City of Harrington shall allow a right-of-way to said structure to the Delaware National Guard.

Section 3. The Office of Management and Budget, or other appropriate agency, is hereby authorized and empowered to amend, execute and deliver to the City of Harrington a good and sufficient deed to the said real property without the controlled humidity storage facility portion of the property and with the right-of-way.

Approved July 16, 2008