Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1961-06-30
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RESIDENTIAL AND AGRICULTURAL
USE AGREEMENT
RELATING TO
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THIS AGREEMENI, made TINS
LIST day of July. A. ID. 1861, by and
between the State of Delaware,
hereinafter called State, and the
abutting property owner to State
right of way lands. hereinafter
called User
WHEREAS, the State is the own
er ard sole title holder of a two
hundred foot strip of right of way
land from Selbyville to Milford.
Sussex County. Delaware Of which
fifty feet constitutes Route eNo.
113, and
WHEREAS, the State does not
Immediately intend to construct a
new or improved highway on these
right of way lands, and
WHEREAS. there are various
property owners and residence
abutting these right of way lands,
NOW THEREFORE,
presents. hereby grants to the
User abutting the State right of
way lands the following residential
and agricultural privileges and
uses thereon for the term of one
year, beginning July 1, 1861 and
ending June 30, 1862, at no cost
to the User.
1. The User may construct, erect
or build a dirt or improved road,
sidewalk and curbing across the
State right of way lands for the
purpose of ingress and egress to
his property. so long as they con-
form to the regulations and stand
ards set forth by the State High
way Department, subject to the
right OF relocation thereof at the
direction of the State Highway
Department, and subject to the de-
struction thereof at the time of the
reconstruction or repair to Route
lib.
2. The User may plant or grow
shrubbery, hedges and small trees
upon the State right of way lands
for Identification purposes, sub
ject to the relocation or removal
thereof upon notification by the
State Highway Department.
3. The User may construct, erect
or build open fences not over four
feet in height, yard lamps, bird
baths and flag poles on the State
right of way lands, subject to the
relocation or removal thereof upon
notification by the State Highway
Department.
4. The User may plant and grow
grass on the State right of way
lands so long as the User mows
or pastures same and does not al
low a nuisance to be maintained.
5. The User may plant and grow
annual crops, garden and flower
beds on the State right of way
lands, subject to the relocation,
removal or destruction thereof
upon notification by the State
Highway Department.
6. No other use or privilege
shall be allowed or permitted un-
der this Agreement except with
express permission of the State
Highway Department.
IN CONSIDERATION for the
permissive uses and privileges
granted and permitted by the State
hereunder, the User agrees and
covenants and the State strictly
forbids and disallows the follow
ing uses of State right OF way
lands:
/. NO buildings, structures OF
accessories and appurtenances
thereto or any part of buildings
structures or accessories and APP
purtenances thereto shall be erect.
ed, built, constructed, placed. sit
uated, or maintained on the State
right of way lands for any cause
except those expressly permitted
by the State Highway Department
2. NO use except ingress and
egress will be permitted by the
User of any lands that presently
lie within the right of way of the
existing highway on Route No
113, being fifty feet in width.
3. NO sign of any type or acces-
series thereto shall be erected oil