Senate Bill 2302

(As Passed the Senate)

AN ACT TO AUTHORIZE THE STATE HIGHWAY COMMISSION, ACTING ON BEHALF OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, TO TRANSFER AND CONVEY TO THE CITY OF GULFPORT, MISSISSIPPI, CERTAIN PARCELS OF LAND SITUATED IN GULFPORT, MISSISSIPPI, AT THE INTERSECTIONS OF 13TH STREET AND 28TH AVENUE AND 15TH STREET AND 28TH AVENUE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The State Highway Commission, acting on behalf of the Mississippi Department of Transportation, is authorized to transfer to the City of Gulfport, Mississippi, certain real property and any improvements thereon located in Gulfport, Mississippi, and being more particularly described as follows:

(a) The Northwest Quadrant of the intersection of 13th Street and 28th Avenue in the City of Gulfport, Mississippi, Harrison County, including Lots 15 through 19 in Block 176 of Original Gulfport; and

(b) The Southwest Quadrant of the intersection of 15th Street and 28th Avenue in the City of Gulfport, Mississippi, Harrison County, including Lots 1 through 6 in Block 176 of Original Gulfport.

(2) (a) Of the property described in subsection (1) of this section, it is hereby understood and agreed by the City of Gulfport, Mississippi, as the grantee herein named, that all existing utilities located on, under or above the property herein described, shall remain at the discretion of the utility owners, and that the grantee, its assigns or successors in the title will not require the relocation of these utilities except by agreement with the utility owner.

(b) This conveyance is subject to the provisions that no junkyards, as defined in 23 USC § 136, shall be hereafter established or maintained on or above the described lands, and no signs, billboards, outdoor advertising structures or advertisement of any kind, as provided for in 23 USC § 131, shall be hereafter erected, displayed, placed or maintained upon or within the above-described land, except that signs may be erected and maintained to advertise the sale, hire or lease of the property, or principal activities conducted on the land upon which the signs are located.

(3) The State of Mississippi shall retain all mineral rights to the real property transferred under this section.

(4) The Mississippi Department of Transportation is authorized to correct any discrepancies in the legal description of the property provided in this section.

(5) In the event that the City of Gulfport determines to offer either parcel for sale, the Mississippi Department of Transportation shall have the right of first refusal.

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