MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Public Property

By: Representative Weathersby

House Bill 966

(As Sent to Governor)

AN ACT TO AMEND SECTION 2, CHAPTER 413, LAWS OF 2003, TO AUTHORIZE THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION TO SELL, ASSIGN, TRANSFER OR EXCHANGE CERTAIN REAL PROPERTY LOCATED IN THE CITY OF JACKSON, HINDS COUNTY, MISSISSIPPI, FOR PROPERTY OF THE SAME VALUE LOCATED IN THE CAPITOL COMPLEX, IN ORDER TO DEFRAY THE COSTS OF CONSTRUCTING A NEW BUILDING FOR THE COMMISSION; TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO CONVEY CERTAIN REAL PROPERTY TO THE GOVERNING AUTHORITIES OF THE CITY OF SENATOBIA, MISSISSIPPI; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO SELL AND CONVEY CERTAIN PROPERTY IN THE CITY OF JACKSON, MISSISSIPPI, TO THE BOARD OF TRUSTEES OF THE MISSISSIPPI MUSEUM OF ART; TO REPEAL CHAPTER 333, LAWS OF 1999, WHICH AUTHORIZED THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CONVEY CERTAIN PROPERTY TO BELHAVEN COLLEGE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 2, Chapter 413, Laws of 2003, is amended as follows:

     Section 2.  (1)  The Mississippi Employment Security Commission, in its sole discretion, may sell, assign, transfer or otherwise convey by way of an exchange for property of the same value located in the Capitol Complex in the City of Jackson, Mississippi, all right, title and interest in and to certain real property and any improvements thereon located in the City of Jackson, Hinds County, Mississippi, subject to any encumbrances, liens, covenants, conditions or restrictions pertaining thereto, such property described more particularly as follows:

A certain parcel of land being situated in Section 4, T5N-R1E, and in Section 33, T6N-R1E, Jackson, Hinds County, Mississippi, and being more particularly described as follows:

Beginning at the Northwest corner of the Northeast 1/4 of the Northwest 1/4 of Section 4, T5N-R1E and run thence North 00 degrees 05 minutes 00 seconds West for a distance of 480.58 feet to Capers Street (as not laid out and improved, November, 1989); said point being the Point of Curvature of a 9.919 degree curve to the left having a radius of 577.63 feet and a central angle of 54 degrees 10 minutes 18 seconds; run thence southeasterly along the arc of said curve for an arc distance of 546.14 feet; said arc having a chord bearing of South 27 degrees 07 minutes 00 seconds East and a chord distance of 526.02 feet to the Point of Tangency; run thence South 54 degrees 09 minutes 00 seconds East along the southerly line of Capers Street for a distance of 302.43 feet; leaving the southerly line of said Capers Street, run thence South 32 degrees 54 minutes 00 seconds West along the West line of the Boy's Club of Jackson property for a distance of 709.99 feet to the northerly line of West Capitol Street (as now laid out and improved, November, 1989); run thence westerly along the North line of West Capitol Street the following bearings and distances:  North 51 degrees 24 minutes 00 seconds West for a distance of 28.08 feet; North 50 degrees 13 minutes 18 seconds West for a distance of 113.00 feet; North 52 degrees 00 minutes 24 seconds West for a distance of 139.00 feet; leaving said North line of West Capitol Street, run thence North 34 degrees 50 minutes 00 seconds East for a distance of 215.94 feet; run thence North 00 degrees 30 minutes 00 seconds West for a distance of 408.25 feet in the POINT OF BEGINNING, containing 282,446.68 square feet or 6.484 acres, more or less.

     (2) * * *  The Mississippi Employment Security Commission may establish, accept or modify any terms and conditions associated with the exchange of the property defined in subsection (1) of this section, as may be necessary to effectuate the exchange of the property.

 * * *

     (3)  Any funds received by the Mississippi Employment Security Commission for the conveyance of the property described in subsection (1) of this section may be used to defray the costs of construction of a new building and related facilities for the Mississippi Employment Security Commission.

     SECTION 2.  (1)  The Mississippi Transportation Commission may transfer and convey to the governing authorities of the City of Senatobia, Mississippi, all right, title and interest in certain real property located within the City of Senatobia and in Tate County, Mississippi, the property being more particularly described as follows:

3.8 acres, located in the (old) Senatobia Industrial Park, and all being in the Southeast 1/4 of Section 25, Township 5 South, Range 8 West, Tate County, Mississippi.

From the Southeast corner of Section 25, Township 5 South, Range 8 West, run North, a distance of 40.74 feet to a point on the North right-of-way line of Browns Ferry Road; thence run South 81 degrees 34' 32" West along said North right-of-way line, a distance of 267.0 feet to the Southeast corner of the Senatobia Industrial Park and the Southwest corner of Garden View Subdivision; thence run North 0 degrees 26' 58" East along the West line of said Garden View Subdivision, a distance of 245.1 feet to the point of beginning of the following described parcel of land:  from said point of beginning run thence South 68 degrees 52' 22" West, a distance of 232.11 feet to the Northeast corner of a 3 acre tract owned by the Pepsi Cola Bottling Company; thence run South 85 degrees 10' 46" West along the North line of said Pepsi Cola Bottling Company property, a distance of 618.52 feet to a point on the East right-of-way line of Matthews Drive; thence run Northerly along said right-of-way line and along the circumference of a circle to the right having a radius of 2,488.62 feet, a distance of 245.39 feet; thence run South 89 degrees 211' 23" East a distance of 842.22 feet to a point on the West line of said Garden View Subdivision; thence run South 0 degrees 26' 58" West along said West line, a distance of 100.05 feet to the point of beginning.

     (2)  The conveyance authorized in subsection (1) of this section may be made on such terms and conditions agreed upon by the Mississippi Transportation Commission and the governing authorities of the City of Senatobia, Mississippi.  The real property described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by professional appraisers who are licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

     SECTION 3.  (1)  The Department of Finance and Administration may sell and convey to the Board of Trustees of the Mississippi Museum of Art two (2) parcels of property fronting the north side of Riverside Drive in Jackson, Hinds County, Mississippi, and the south side of Woodrow Wilson Avenue in Jackson, Hinds County, Mississippi, and lying north and east and northwest of the property owned by the Salvation Army, the property being more particularly described as follows:

Parcel A

A certain parcel of land being situated in the Northwest 1/4 of the Northeast 1/4 of Section 35, T6N-R1E, City of Jackson, Hinds County, Mississippi, and being more particularly described as follows:

Commence at an iron pin marking the Point of Intersection of the North right-of-way line of Riverside Drive with the East right-of-way line of Murrah Drive (as both are now laid out and improved); run thence North 89 degrees 47 minutes 20 seconds East along said North right-of-way line of Riverside Drive for a distance of 700.00 feet to the Southwest corner of a 5.964 acre tract of land (Belhaven College); leaving said North right-of-way line of Riverside Drive, run thence North 00 degrees 09 minutes 00 seconds West along the West line of said 5.964 acre tract for a distance of 650.00 feet to the Northwest corner thereof; run thence North 89 degrees 47 minutes 20 seconds East along the North line of said 5.964 acre tract for a distance of 40.68 feet to a set 1/2" iron pin being the POINT OF BEGINNING of the parcel of land herein described; from said POINT OF BEGINNING and leaving said North line of a 5.964 acre tract, run thence North 30 degrees 25 minutes 33 seconds East for a distance of 334.09 feet to a set 1/2" iron pin on the South right-of-way line of Woodrow Wilson Drive (Interstate Highway 55, Ramp "D", Project I-IF-55-2(31)96); run thence South 78 degrees 57 minutes 13 seconds East along said South right-of-way line of Woodrow Wilson Drive for a distance of 45.46 feet to a set 1/2" iron pin being the Point of Curvature of a 9.56412 degree curve bearing to the right having a central angle of 14 degrees 32 minutes 19 seconds and a radius of 599.07 feet; run thence along said South right-of-way line of Woodrow Wilson Drive and along the arc of said curve an arc length of 152.01 feet; said curve having a chord bearing of South 71 degrees 44 minutes 16 seconds East and a chord distance of 151.60 feet to an existing 1/2" iron pin marking the Northeast corner of a 10.707 acre tract of land (Belhaven College); leaving said South right-of-way line of Woodrow Wilson Drive and the arc of said curve, run thence South 00 degrees 12 minutes 40 seconds East along the West line of said 10.707 acre tract for a distance of 230.54 feet to an existing 1/2" iron pin marking the Northwest corner of the aforesaid 5.964 acre tract of land; run thence South 89 degrees 47 minutes 20 seconds West along the North line of said 5.964 acre tract for a distance of 358.63 feet to the POINT OF BEGINNING, containing 1.703 acres, more or less.

Parcel B

A certain parcel of land being situated in the North 1/2 of the Northeast 1/4 of Section 35, T6N-R1E, City of Jackson, Hinds County, Mississippi, and being more particularly described as follows:

Commence at an existing iron pin marking the Point of Intersection of the North right-of-way line of Riverside Drive with the East right-of-way line of Murrah Drive (as both are now laid out and improved); run thence North 89 degrees 47 minutes 20 seconds East along said North right-of-way line of Riverside Drive for a distance of 1,476.70 feet to the Southeast corner of the Salvation Army property as described in deed recorded in Deed Book 2076 at Page 490 in the office of the Chancery Clerk of Hinds County at Jackson, Mississippi; said point further being the POINT OF BEGINNING of the parcel of land herein described; from said POINT OF BEGINNING and leaving said North right-of-way line of Riverside Drive, run thence North 00 degrees 12 minutes 40 seconds West along the East line of said Salvation Army property for a distance of 500.00 feet to the Northeast corner thereof; leaving said East line of the Salvation Army property, run thence South 89 degrees 47 minutes 20 seconds West along the North line of said Salvation Army property for a distance of 375.00 feet to the Northwest corner thereof; leaving said North line of the Salvation Army property, run thence North 00 degrees 12 minutes 40 seconds West for a distance of 380.59 feet to a point on the South right-of-way line of Woodrow Wilson Avenue (according to the plans for Federal Aid Project Number I-IG-55-2(31)(96); said point also being on the arc of a 9.56412 degree curve bearing to the right having a central angle of 11 degrees 28 minutes 50 seconds and a radius of 599.07 feet; run thence along the arc of said 9.56412 degree curve bearing to the left an arc length of 120.04 feet; said curve having a chord bearing of South 58 degrees 44 minutes 38 seconds East and a chord distance of 119.84 feet to the Point of Tangency of said curve; run thence South 53 degrees 00 minutes 11 seconds East for a distance of 400.06 feet; run thence South 55 degrees 03 minutes 09 seconds East for a distance of 157.78 feet to the Point of Curvature of a 7.24163 degree curve bearing to the left having a central angle of 12 degrees 57 minutes 59 seconds and a radius of 791.20 feet; run thence along the said 7.24163 degree curve bearing to the left arc length of 179.05 feet; said curve having a chord bearing of South 65 degrees 29 minutes 11 seconds East and a chord distance of 178.67 feet to the Point of Tangency of said curve; run thence South 75 degrees 55 minutes 12 seconds East for a distance of 157.78 feet; run thence South 77 degrees 58 minutes 10 seconds East for a distance of 166.56 feet; run thence South 74 degrees 57 minutes 08 seconds East for a distance of 187.53 feet; run thence South 35 degrees 48 minutes 13 seconds East for a distance of 235.88 feet; run thence south 43 degrees 11 minutes 54 seconds East for a distance of 130.00 feet to the Point of Intersection of said South right-of-way line of Woodrow Wilson Avenue with the aforesaid North right-of-way line of Riverside Drive; leaving said South right-of-way line of Woodrow Wilson Avenue, run thence South 89 degrees 47 minutes 20 seconds West along said North right-of-way line of Riverside Drive for a distance of 1,059.64 feet to the POINT OF BEGINNING, containing 10.707 acres, more or less.

The Department of Finance and Administration may have the parcels of property surveyed in order to determine the specific legal description, but the total property conveyed shall not exceed thirteen (13) acres.

     (2)  The sale and conveyance authorized in this section may be made on such terms and conditions agreed upon by the Department of Finance and Administration and the Board of Trustees of the Mississippi Museum of Art to be in the best interests of both parties.  The real property described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by professional appraisers who are licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

     (3)  Any funds received by the State of Mississippi for the conveyance of the real property described in subsection (1) of this section shall be deposited into the State General Fund.

     (4)  The State of Mississippi shall retain all mineral rights to the real property sold pursuant to this section.

     SECTION 4.  Chapter 333, Laws of 1999, which directs the Department of Finance and Administration to sell and convey certain parcels of property to Belhaven College, is repealed.

     SECTION 5.  This act shall take effect and be in force from and after its passage.