SPECIAL MEETING
December 26th, 1940
A Special Meeting of the City Council of the City of Dover was held on the 26thday of December, 1940 at 2 P.M. The meeting was called to order by Mayor Woodford and on roll call the following members answered present: Messrs. Downes, Frear, Hinkle, LeFevre, Vane, Millman and Keith.
RESOLUTION
Upon motion of Messrs. LeFevre and Downes, the following resolution was passed by vote of Council:
Messrs. Downes, yes;
Keith, yes;
Frear, yes;
LeFevre, yes;
Vane, yes;
Hinkle, yes;
and Millman, yes.
RESOLUTION ACCEPTING AN OFFER OF AID IN THE DEVELOPMENT OF THE DOVER (DEL) MUNICIPAL AIRPORT, MADE BY THE UNITED STATES OF AMERICA THROUGH THE ADMINISTRATOR OF CIVIL AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND PROVIDING CERTAIN ASSURANCES AND COVENANTS IN CONSIDERATION THEREOF.
WHEREAS, the Administrator of Civil Aeronautics of the United States Department of Commerce, through the Regional Manager of Civil Aeronautics, LaFuardia Field, New York City, New York, advises that the development of the Dover (Del.) Municipal Airport in the approximate amount of One Hundred Seventy Thousand ($170,000.00) Dollars has been approved the Board composed of the Secretaries of War, Navy and Commerce as necessary to national defense for inclusion in the construction program authorized by Public No 812, 76th Congress, approved October 9, 1940.
WHEREAS, the undertaking of this development is contingent on the fulfillment of certain conditions, to-wit:
1. That the City of Dover through its properly constituted officials provide evidence that it has title or will obtain title prior to construction being placed underway to the requisite land for the project.
2. That the City of Dover agree to accept full responsibility for the maintenance of the improved airport.
3. That the City of Dover agree to accept full responsibility for the operation of the improved airport as a public airport in the public interest.
4. That the City of Dover agree to protect the aerial approaches to the airport to the full extent of its legal ability.
5. That the City of Dover agree to cooperate with the Civil Aeronautics Administration in the orderly prosecution of the proposed work.
6. That the City of Dover agree to hold the United States harmless from all claims and damages which may arise from the construction operations but are not a definite part thereof.
WHEREAS, the proposed development would be to the advantage and benefit of the City of Dover,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL of the City of Dover,
SECTION 1. That the City of Dover, hereby agrees, subject to the United States undertaking the development of the Dover (Del.) Municipal Airport at an approximate cost of One Hundred Seventy Thousand ($170,000.00) Dollars, as follows:
REPRESENTATIONS AND WARRANTIES
(a) That the City of Dover owns and possesses title in fee simple to the lands comprising the landing area of the Dover (Del.) Municipal Airport, together with all other lands to be improved under the project or will acquire title in fee simple to these lands without delay, which lands are more particularly described herewith by metes or bounds (which lands are shown herewith on Exhibit “A”
All those two certain farms, tracts, pieces or parcels of land and premises situated, lying and being adjacent to each other, and now used, or about to be used, as one tract of land, and more particularly described as follows, to-wit:
No. 1. All that certain farm, tract, piece or parcel of land and premises, known as the “Kimmey Farm”, situated, lying and being in St. Jones Neck, in East Dover Hundred, Kent County, State of Delaware, and lying on the west or northwest side of the public road leading from the Dover and Kitts Hummock Road to Postles corner or Little Creek, and adjoining lands now or late of Thomas Moore, lands of the Heirs of Samuel A. Creadick, and being more particularly described as follows, to-wit:
Beginning at a corner in the middle of the public road leading from the Dover-Kitts Hammock Road to Little Creek, where said road is intersected by another unimproved road, which last recited road forms the southern boundary line of the tract hereby conveyed; thence running with the center line of said road leading from the Dover-Kitts Hummock Road to Little Creek north 44 degrees 5 minutes East 2826 feet to a corner in said road, and is a corner for the lands hereby conveyed and lands of Thomas J. Moore; thence running North 45 degrees West 3510 feet with lands of the said Thomas J. Moore, to a corner for the lands of the said Moore and lands hereby conveyed to lands of the said Creadick heirs; thence running South 40 degrees West 2908 feet, binding with lands of the said Ceadick heirs to the center of the said public road; thence following the center line of said public road the following courses and distances, to-wit: South 42 degrees East 1025 feet; South 46 degrees East 1250 feet; South 50 degrees East 970 feet; home to the place of beginning, the contents thereof being described in the deed from Abraham Nowell Creadick and wife to Arthur F. Dawes as being 272 acres, but by recent computation as being about 225 acres, be the same more or less; and being all the same lands and premises which Arthur F. Dawes and Ida M. Dawes, his wife, by their deed dated the Thirtieth day of September, A. D. 1940, and of record in the Recorder’s Office at Dover in Deed Record T, Vol. 15, Page 273, etc., granted and conveyed unto The City of Dover in fee simple.
No. 2. All that certain farm, piece or tract of land, situated in East Dover Hundred, Kent County and State of Delaware, lying on the North side of the public road leading from Postles Corner to Kitts Hammock road, adjoining lands of the heirs of Samuel Creadick, lands formerly of Charles Lister, and lands of others, and containing One Hundred and Forty (140) acres of land, more or less, the above tract being incorporated within the following metes and bounds, courses, and distances, as follows, to-wit:
Beginning at a corner in the center of the public road leading from the Dover-Kitts Hummock Road to Little Creek, said beginning point being a corner for other lands of the City of Dover purchased of Arthur F. Dawes and wife, and for the lands herein described; thence running with the center of said public road North 53 degrees 30 minutes East 1602.2 feet to a corner for these lands and lands formerly of one Reese, thence runing North 31 degrees 45 minutes West 709.5 feet to a corner for these lands and lands formerly of one Reese, thence the following courses and distances: North 8 degrees 40 minutes West 610.5 feet; North 27 degrees 54 minutes Wes 366.3 feet; North 30 degrees 33 minutes West 156.7 feet; North 45 degrees 15 minutes East 231feet; North 35 degrees West 589 feet; North 14 degrees West 462 feet to the center of a ditch or stream known as Pipe Elm Branch; thence running in a westerly direction following the center of said ditch and the several meanderings thereof a distance of 363 feet to a corner on the northerly side of said ditch; thence following the following courses and distances, to-wit: South 81 degrees 45 minutes West 1077.4 feet; South 75 degrees West 485.1 feet; South 6 degrees 15 minutes East 227.7 feet; South 66 degrees 15 minutes West 287.1 feet; South 59 degrees 30 minutes West 198 feet; South 74 degrees 45 minutes West 417.5 feet; South 80 degrees 15 minutes West 268.9 feet, to a corner for these lands, lands of the Creadick heirs, and lands of Harry Hagerty; thence South 45 degrees East 3510 feet, along the lines of the property of the City of Doer purchased of the said Arthur F. Dawes, home to the place of beginning; and being all the same lands and premises which Thomas J. Moore and Emma R. Moore, his wife, by their deed dated the Eighteenth day of December, A. D. 1940, and of record in the Recorder’s Office at Dover in Deed Record Book W, Vol. 15, page 65, etc., granted and conveyed unto the City of Dover, a municipal corporation as aforesaid, in fee simple.
For plot of the lands above mentioned and described, see plot of record in the Orphons’ Court, in and for Kent County, at Dover, in Plot Book 2, Page 192, and for a description thereof by metes and bounds, courses and distances, see the following deeds:
(a) Deed of Sarah Kimmey to Thomas Postles, dated September 9, 1853, of record in the Recorder’s Office at Dover in Deed Book F, Vol. 4, Page 70, and
(b) Deed of James D. Kimmey and wife to Thomas Postles, dated April 18, 1854, and of record in the Recorder’s Office aforesaid in Deed Book K. Vol. 4, page 262; and the said The City of Dover will acquire the lands and premises hereinafter mentioned to be incorporated in the said Dover (Del.) Municipal Airport project, the deed for said lands and premises now being in process of execution; and which said lands and premises are more particularly mentioned and described as follows, to-wit:
All that certain tract of land situated, lying and being north and west of the public road leading from the Dover-Kitts Hummock Road to Little Creek, but not adjacent thereto, and being separated therefrom by Parcels Nos. 1 and 2 herein above mentioned and and described:
Beginning at a new corner now established in the line of lands separating the lands purchased by the City of Dover of Arthur F. Dawes, and lands of the heirs of Samuel A. Creadick; thence running North 45 degrees 30 minutes West 1094 feet to a new corner now established in the lands of the heirs of the said Samuel A. Creadick; thence running a new line now established separating the lands of the said Creadick heirs and the lands hereby conveyed North 26 degrees 15 minutes East 884 feet to a new corner now established in the center of Pipe Elm Branc; thence running in a south-easterly direction following the center line of said branch or ditch and the several meanderings thereof to a corner in the center of said ditch, which corner is a corner for lands of the City of Dover purchased of the said Arthur F. Dawes, and for other lands purchased of Thomas J. Moore, and for lands of harry Hagerty; thence running South 40 degrees West 1125 feet along the line of lands of the said the City of Dover, purchased of the said Dawes, home to the place of beginning, and containing about 28 acres of land, be the same more or less; the said lands above mentioned and described being a part of the same lands as shown on a plot of the lands of James Kimmey of record in the Orphans’ Court, in and for Kent County, at Dover, in Plot Book 2, page 192.
(b) That the City of Dover has the power and authority under the laws of the State of Delaware to perform all of its obligations hereunder.
SECTION 11. That the City of Dover agrees to permit the agents of the Government and all contractors of sub-contractors engaged directly or indirectly in carrying out the project, including their agents and employees to enter upon, use and occupy the airport as may be deemed by the Government to be necessary or desirable in the conduct of the project.
SECTION 111. OWNERSHIP OF IMPROVEMENTS
That all improvements made under the project shall be the sole and absolute property of the City of Dover, except where specifically agreed otherwise prior to the undertaking of he improvement or installation.
SECTION IV. MAINTENANCE OF AIRPORT FACILITIES
That the City of Dover agrees to accept full responsibility for the maintenance of the Dover (Del.) Municipal Airport, to include all work undertaken under this project by the United States of America.
SECTION V. THE OPERATION OF THE AIRPORT
That the City of Dover agrees to accept full responsibility for the operation of the Dover (Del.) Municipal Airport for the use and benefit of the public on reasonable terms and without unjust discrimination and to grant to exclusive right therein contrary to the provisions of Section 303 of the Civil Aeronautics Act of 1938.
SECTION VI. PREVENTION OF HAZARDS
That the City of Dover agrees, insofar as is reasonably possible and within its legal ability, to protect the aerial approaches to the airport from the erection of structures or from growth tending to render the use of the airport dangerous to aircraft and that it will not erect on the airport or permit to be erected, any structure or building which will limit the usefulness of the airport or constitute a hazard to aircraft using the airport.
SECTION VII. COOPERATION
That the City of Dover agrees to cooperate with the Civil Aeronautics Administration in the orderly prosecution of the project.
SECTION VIII. RELEASE FROM CLAIMS
That the City of Dover agrees to hold the United States harmless from any and all claims or damages which may arise from the construction activities of the United States but are not a definite part thereof.
SECTION IX. CERTIFICATION
That the Clerk of the Council of the City of Dover is hereby authorized and directed to send to the Administrator through the Regional Manager of Civil Aeronautics, LaFuardia Field, New York City, New York, two certified copies of this resolution with two certified copies of an extract of the minutes of the meeting of this Council showing all proceedings in connection with the adoption of this resolution.
Upon motion of Messrs. Keith and Downes, the City Solicitor was instructed to proceed with the condemnation proceedings against Mr. George Beideman for his interests on the Moore farm which was purchased by the City of Dover for a Municipal Airport.
ADJOURNMENT
Council adjourned at 2:40 P.M.
Signed: ___________________________
City Clerk