Delaware General Assembly


CHAPTER 7 - CESSION OF MILITARY RESERVATION TO UNITED STATES

AN ACT GRANTING THE CONSENT OF THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE TO THE ACQUISITION BY THE UNITED STATES OF A CERTAIN TRACT OR PARCEL OF LAND IN LEWES AND REHOBOTH HUNDRED, SUSSEX COUNTY, DELAWARE, AND CEDING JURISDICTION TO THE UNITED STATES FOR CERTAIN PURPOSES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the consent of the General Assembly of the State of Delaware be, and the same is hereby given, pursuant to the seventeenth clause of the eighth section of the first article of the Constitution of the United States, to the acquisition by the United States of America of a certain tract or parcel of land situate in Lewes and Rehoboth Hundred, Sussex County, Delaware, used in connection with a military reservation officially designated Fort Miles, being a part of the Harbor Defenses of Delaware, bounded and described as follows:

Beginning at a stone marked U. S., which stone is at the Southwest corner of the U. S. Fort Reservation (ceded to the United States of America by Act of Legislature of the State of Delaware, passed February 5, 1873) , formerly known as the Delaware Breakwater Military Reservation; thence along the Southerly boundary of the said U. S. Fort Reservation North 68° 24' 19" East 2104.6 feet to a stone marked U. S., which stone is the Southeast corner of the said U. S. Fort Reservation; thence along the Easterly boundary of the said U. S. Fort Reservation North 21° 38' 30" West 2243.5 feet to a monument on the Southerly boundary of the U. S. Naval Reservation; thence along the Southerly boundary of the said U. S. Naval Reservation North 89° 57' 30" East 1399.6 feet to the high water line of the Atlantic Ocean; thence Southeastwardly along the high water line of the Atlantic Ocean 3950 feet, more or less, to a stake in the Northerly boundary of the former Cape Henlopen Lighthouse Reservation (acquired by the United States of America April 13, 1792); thence along the Northerly boundary of the said Cape Henlopen Lighthouse Reservation South 71° 57' 30" West 2353.7 feet to a monument at the Northwest corner of said Cape Henlopen Lighthouse Reservation; thence along the Westerly boundary of the said Cape Henlopen Lighthouse Reservation South 18° 2' 8" East 3298.4 feet to a monument at the Southwest corner of the said Cape Henlopen Lighthouse Reservation; thence along the Southerly boundary of the said Cape Henlopen Lighthouse Reservation North 71° 58' 16" East 2285 feet to a stake set in the high water line of the Atlantic Ocean; thence Southeastwardly along the high water line of the Atlantic Ocean 2700 feet, more or less, to a stake; thence North 89° 58' 40" West 6601.8 feet to a stake; thence due North 6932.8 feet to a stake set in the Southerly boundary line of a right of way now or formerly of the Pennsylvania Railroad Co.; thence crossing the said right of way and along lands of Mark T. McKee, formerly known as U. S. Pier Reservation, North 7° 49' 10" East 1632.3 feet to the low water line of Delaware Bay; thence Northeastwardly along the said low water line of Delaware Bay 243 feet, more or less to a stake; thence South 7° 49' 10" West 73 feet to a point in the high water line of Delaware Bay; thence Northeastwardly along the said high water line of Delaware Bay 410 feet, more or less, to a stake set in the Westerly boundary of the former U. S. Quarantine Reservation (ceded to United States of America by Act of Legislature of the State of Delaware, approved May 5, 1941); thence along the Westerly boundary of the said former U. S. Quarantine Reservation South 24° 39' 0" East 1183.4 feet to a stone set in the Southwest .corner of the said former U. S. Quarantine Reservation; thence along the Southerly boundary of the said former U. S. Quarantine Reservation North 65° 21' 0" East 611.9 feet to the Westerly boundary of the aforesaid U. S. Fort Reservation, formerly known as the Delaware Breakwater Military Reservation; thence along the Westerly boundary of the said U. S. Fort Reservation South 21° 38' 40" East 1257.5 feet to the point or place of beginning.

Excepting a one-acre parcel of land located near the Southeast corner of the above-described lands and bordering on the Atlantic Ocean, which lands are known as the Cape Henlopen Coast Guard Reservation (ceded to the United States of America by the State of Delaware, deed dated April 1, 1897).

Containing 1,010.8 acres of land, more or less.

Section 2. Be it further enacted, That exclusive jurisdiction over the aforesaid land is hereby ceded to the United States of America for any of the purposes described in said clause of the Constitution of the United States; provided, that the sovereignty and jurisdiction of this State shall extend over the said land so far as that all civil or criminal process issued under authority of any law of this State may be executed in any part of the land; said jurisdiction to continue so long as the land shall be used for the purposes for which jurisdiction is ceded and no longer.

Section 3. Be it further enacted, That this act shall take effect from and after its passage.

Approved April 24, 1945.