MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Public Property

By: Senator(s) Posey

Senate Bill 2574

(As Passed the Senate)

AN ACT TO AMEND SECTION 1 OF CHAPTER NO. 563, LAWS OF 1999, TO AUTHORIZE THE TRANSFER OF CERTAIN TRACTS OF LAND ADJACENT TO THE HISTORIC SHAIFER HOUSE AND THE OLD MAGNOLIA CHURCH LOCATED ON THE PORT GIBSON BATTLEFIELD FROM THE GRAND GULF MILITARY MONUMENT COMMISSION TO THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY TO BE DEVELOPED AND MAINTAINED; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 1 of Chapter No. 563, Laws of 1999, is hereby amended as follows:

Section 1. (1) The Department of Finance and Administration, on behalf of the State of Mississippi, may convey all right, title and interest in certain state-owned real property located in Claiborne County, Mississippi, to the State of Mississippi, for the use and benefit of the Mississippi Department of Archives and History, the property being known as the historic Shaifer House and accompanying land located on the Port Gibson Battlefield, and being more particularly described as follows:

Tract No. 1: That certain tract of land known as the old Shaifer house tract; for survey, begin at point on the southerly side of the public road, where it is intersected by the line between Parcels 1 and 2 of the partition of the Shaifer Estate property as described in partition deed executed by us and now recorded Book 10-B, page 177 of the land records of said county, and which partition deed together with the plat recorded therewith is here referred to for full description of the location of said starting point, and run thence in a northeasterly direction along said old Port Gibson and Rodney public road, 1307 feet to point where said road is intersected on its North side by a fence, and which point is point of beginning for survey of this tract (and which point is further located as being North 88 45' East 1434.67 feet from the most eastern corner of Section 16, Township 11 North, Range 2 East). From said point of beginning run thence along fence, North 35 West 134 feet; thence continue along fence, South 35 West 15 feet, South 86 West 16 feet to fence corner; thence along another fence, North 40 West 191 feet to fence corner; thence along another fence, North 40 East 160 feet; thence continue along fence, North 64 East 217 feet to point on private farm road; thence along said road, South 31 45' East 372 feet to point where the same forks; thence along the fork going southwesterly 100 feet to old Port Gibson and Rodney public/road; thence along said old Port Gibson and Rodney public road, in a southwesterly direction, 225 feet to point of beginning. Said tract contains 3.0 acres, more or less, and lies in Section Twelve (12), Township Eleven (11) North, Range Two (2) East. Said land is the same as is fully described in Section V of said above mentioned partition deed executed by the grantors, now recorded Book 10-B, page 177 of the deed records of said Claiborne County, which is here referred to in aid of description and for all purposes. All of the above is in accordance with survey made by R.D. Wade, Jr., and copy of plat of his survey is attached hereto and made a part hereof by reference.

Tract No. 2: That certain tract of land being the site of the old Magnolia Church; to arrive at point of beginning for survey of this tract, begin at the most eastern corner of Section Sixteen (16), Township Eleven (11) North, Range Two (2) East, and run thence South 74 34' East 2,917.7 feet to stake on South side of public road, and run thence South 84 45' East 49 feet to fence corneron South side of said road, which is point of beginning for survey of this tract; and which point is also the point where the East line of Parcel 2 in the partition of the Shaifer Estate property as described in partition deed executed by us and now recorded Book 10-B, page 177 of the land records of said Claiborne County, intersects said public road, and which partition deed, together with plat recorded therewith, is here referred to in aid of description of location of said starting point. From said point of beginning, continue thence along road, South 84 45' East 282.04 feet to stake in fence and property line; thence along fence and property line, South 46 West 396 feet to stake in fence corner; thence along fence (which is the East line of Parcel 2 of the partition above referred to), North 17 East 109 feet, North 16 East 69 feet, North 2, West 52 feet and North 16 West 78 feet to point of beginning. Said tract contains 1.29 acres, more or less, and lies in Section Twelve (12), Township Eleven (11) North, Range Two (2) East.

The Secretary of State shall approve this conveyance and join in this conveyance for all purposes.

(2) The Department of Finance and Administration, on behalf of the State of Mississippi and the Grand Gulf Military Monument Commission, may further convey all right, title and interest in certain state-owned real property located in Claiborne County, Mississippi, to the State of Mississippi, for the use and benefit of the Mississippi Department of Archives and History, the property being two (2) tracts of land that were donated to the Grand Gulf Military Monument Commission in January of 1980, by Mr. A.K. Shaifer, and being more particularly described as follows:

Tract No. 1: A tract of land which adjoins the tract sometimes known as the old Shaifer house tract and which old Shaifer house tract is Tract No. 1 in the deed from A.K. Shaifer, S.B. Shaifer, Laura P. Shaifer, and Estelle S. Montgomery to the State of Mississippi for the use and benefit of the Grand Gulf Military Monument Commission, which was executed on December 28, 1979, and recorded in Book 10-F, page 425-430 of the deed records of said Claiborne County. For survey of this tract, begin at the most southerly or southwesterly corner of said old Shaifer house tract as described in said above mentioned deed and which is on the northerly side of the public road running through said old Shaifer property and which deed is here referred to for description of location of the starting point hereof; from said point of beginning, run thence along the northerly wayline of said public road South 67 degrees 45' West 70 feet to stake; thence leave road and run thence North 52 degrees 30' West 843.05 feet to stake; thence run North 43 degrees 31' East 631.74 feet to stake on Easterly side of private ridge road; thence along the easterly side of said ridge road South 44 degrees 30' East 195 feet, South 39 degrees 28' East 290 feet, South 37 degrees 45' East 111 feet to stake on Northerly or Northeasterly corner of said Shaifer house tract; thence around said old Shaifer house tract site South 64 degrees West 217 feet; thence South 40 degrees West 191 feet; thence South 40 degrees East 190 feet; thence South 86 degrees East 16 feet; thence North 35 degrees East 15 feet; thence South 35 degrees East 134 feet to point of beginning. Said tract contains 8.32 acres, more or less, and lies in Section 12, Township 11 North, Range 2 East, all in accordance with survey made by R.D. Wade, Jr. dated September 4, 1979, which is attached hereto as Exhibit "A" and made a part hereof for all purposes. Said tract is the same as is described in Tract No. 1 of the Deed of Gift from A.K. Shaifer to the State of Mississippi for the use and benefit of the Grand Gulf Military Monument Commission executed on January 18, 1980, and recorded in Book 10-H, page 9-13.

Tract No. 2: A tract of land which adjoins the site of the old Magnolia Church and which Magnolia Church site is Tract No. 2 in the above mentioned deed from A.K. Shaifer, S.B. Shaifer, Laura P. Shaifer, and Estelle S. Montgomery to the State of Mississippi for the use and benefit of the Grand Gulf Military Monument Commission. For survey of the tract hereby conveyed, begin at the Northwest corner of the said old Magnolia Church site as described in said deed above referred to and which deed is here referred to for description of location of said starting point; from said starting point, run thence South 16 degrees East 78 feet; thence run South 2 degrees East 52 feet; thence run South 16 degrees West 69 feet; thence run South 17 degrees West 109 feet to stake at southerly corner of said old Magnolia Church site; run thence North 79 degrees 34' West 364.04 feet to stake; thence North 53 degrees 45' East 396 feet to stake; thence South 84 degrees 45' East 49 feet to point of beginning. Said tract contains 1.87 acres, more or less, and lies in Section 12, Township 11 North, Range 2 East; all of the above in accordance with survey made by R.D. Wade, Jr. dated September 4, 1979, and plat of survey showing this tract and the old Magnolia Church site referred to above is attached hereto as Exhibit "B" and made a part hereof for all purposes. Said tract is the same as is described in Tract No. 2 of the Deed of Gift from A.K. Shaifer to the State of Mississippi for the use and benefit of the Grand Gulf Military Monument Commission executed on January 18, 1980, and recorded in Book 10-H, page 9-13.

The Secretary of State shall approve this conveyance and join in this conveyance for all purposes.

SECTION 2. This act shall take effect and be in force from and after its passage.