SB2291 (As Sent to Governor) - 2000 Regular Session

MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Forestry; Public Property

By: Senator(s) Harvey

Senate Bill 2291
(As Sent to Governor)

AN ACT TO AUTHORIZE THE FORESTRY COMMISSION, ACTING THROUGH THE DEPARTMENT OF FINANCE AND ADMINISTRATION, TO SELL AND CONVEY CERTAIN STATE-OWNED REAL PROPERTY LOCATED IN GEORGE COUNTY, MISSISSIPPI, TO THE OFFEROR OF THE HIGHEST AND BEST PRICE; TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF BROOKHAVEN, MISSISSIPPI, AND THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY, TO EXCHANGE REAL PROPERTY LOCATED IN LINCOLN COUNTY, MISSISSIPPI; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS, TO SELL AND CONVEY CERTAIN STATE-OWNED REAL PROPERTY LOCATED IN OKTIBBEHA COUNTY, MISSISSIPPI; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE MISSISSIPPI FORESTRY COMMISSION, TO CONVEY CERTAIN REAL PROPERTY LOCATED IN THE CITY OF BATESVILLE, MISSISSIPPI, TO THE GOVERNING AUTHORITIES OF THE CITY OF BATESVILLE; TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF BATESVILLE, MISSISSIPPI, TO CONVEY CERTAIN REAL PROPERTY LOCATED IN THE CITY OF BATESVILLE TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION, FOR THE USE AND BENEFIT OF THE MISSISSIPPI FORESTRY COMMISSION; TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE TOWN OF OAKLAND, MISSISSIPPI, TO SELL, LEASE, TRADE, EXCHANGE OR OTHERWISE DISPOSE OF CERTAIN REAL PROPERTY LOCATED IN YALOBUSHA COUNTY, MISSISSIPPI; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION ACTING ON BEHALF OF THE DEPARTMENT OF HUMAN SERVICES TO SELL CERTAIN REAL PROPERTY TO THE MARION COUNTY DEVELOPMENT DISTRICT; TO AUTHORIZE THE PAT HARRISON WATERWAY DISTRICT TO SELL CERTAIN REAL PROPERTY TO THE QUITMAN CONSOLIDATED SCHOOL DISTRICT; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO SELL CERTAIN REAL PROPERTY TO THE GOVERNING AUTHORITIES OF THE CITY OF BATESVILLE; AND FOR RELATED PURPOSES.

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

SECTION 1. The Mississippi Forestry Commission, acting through the Department of Finance and Administration, upon meeting the requirements of Section 29-1-1, may sell and convey ten (10) acres of state-owned real property situated in George County, Mississippi, being more particularly described as follows:

Section 3, Township 2 South, Range 7 West, S 1/2 of NE 1/4 of SE 1/4 of NE 1/4 and S 1/2 of NW 1/4 of SE 1/4 of NE 1/4.

SECTION 2. The State of Mississippi shall convey all mineral rights to the real property purchased pursuant to Section 1 of this act.

SECTION 3. The proceeds from the sale and conveyance of the real property described in Section 1 of this act shall be used by the Forestry Commission to escalate its budget in the Other Than Equipment category for the purchase of real estate to be used by the commission in the performance of its powers and duties.

SECTION 4. (1) (a) In consideration for the conveyance of property authorized in subsection (2) of this section, the governing authorities of the City of Brookhaven, Mississippi, may convey to the Department of Finance and Administration, for the use and benefit of the Mississippi Department of Public Safety, all right, title and interest in certain real property and any improvements thereon located in Lincoln County, Mississippi, described more particularly as follows:

A parcel of land containing 4.82 acres more or less situated in the N 1/2 of the SE 1/4 and the S 1/2 of the NE 1/4 of Section 26, Township 7 North; Range 7 East, Lincoln county, Mississippi, and being more particularly described as follows:

Commencing at the SE corner of said Section 26, run thence West 1597.88 feet, run thence North 1835.71 feet to the SE corner of easement described in Deed Book 967 Page 126, run thence along the east boundary of said easement N00-14-28W 141.73 feet to the POINT OF BEGINNING.

1. Thence run along the east boundary of said easement N00-14-28W 721.71 feet to the south right-of-way of U.S. Highway 84 (By-Pass).

2. Thence run along said right-of-way S87-30-40E 308.44 feet to the NW Corner of State of Mississippi property described in Deed Book 1002 Pages 460 and 619.

3. Thence run along the west line of said property S02-29-53W.

4. Thence run N87-30-40W 273.95 feet to the POINT OF BEGINNING.

SUBJECT TO mineral conveyances and reservations, rights of way, utility easements and building restrictions, if any, of record and applicable zoning ordinances.

SUBJECT TO the reservation of an easement fifteen foot (15') in width running along the western boundary of the aforesaid property, as well as, an easement being a one hundred (100) foot square situated in the Southwestern corner of said property.

If the State of Mississippi does not construct a Mississippi Highway Safety Patrol office building on the property described in this subsection (1) or, if after constructing such a building on the property, discontinues the use of the property for such purposes, fee simple title to such property shall revert to the governing authorities of the City of Brookhaven, Mississippi.

(b) The conveyance authorized in this subsection (1) may be subject to additional terms and conditions agreed upon by the governing authorities of the City of Brookhaven, Mississippi, and the Department of Finance and Administration.

(2) (a) In consideration for the conveyance of property authorized in subsection (1) of this section, the Department of Finance and Administration, acting on behalf of the Mississippi Department of Public Safety, upon completion of the new Mississippi Highway Safety Patrol Station on the U.S. Highway 84 Bypass in Lincoln County, Mississippi, may convey to the governing authorities of the City of Brookhaven, Mississippi, all right, title and interest in certain real property and any improvements thereon located in Lincoln County, Mississippi, which currently comprises Troop M, District 9, Mississippi Highway Safety Facilities in Brookhaven and described more particularly as follows:

A parcel of land containing one acre, more or less, located in the Northeast Quarter of Southwest Quarter (NE 1/4 of SW 1/4) of Section 13, Township 7 North, Range 7 East, Lincoln County, Mississippi, being more particularly described as follows: Commencing at the southeast corner of said NE 1/4 of SW 1/4, run thence West 162.5 feet to the center line of the existing paving on U.S. Highway 51 at its Station 106 + 77.5; run thence northerly along said center line 696.0 feet on a one degree curve to the left to its station 113 + 73.46, run thence on a tangent bearing north 13 degrees 12 minutes 24 seconds west 422.5 feet to its P.C. at Station 117 + 95.93 (the P.C. of a one degree curve to the right), run thence South 76 degrees 47-1/2 minutes west 126.0 feet to a 6 inch by 6 inch concrete Mississippi State Highway Department marker located on its western right-of-way boundary, said concrete marker being the point of beginning, run thence, South 76 degrees 47-1/2 minutes west 218.0 feet, run thence South 13 degrees 12-1/2 minutes east 200.0 feet, run thence North 76 degrees 47-1/2 minutes east 218.0 feet, run thence North 13 degrees 12-1/2 minutes west 200.0 feet to the point of beginning; a plat of said land as surveyed by H.E. Foster, Civil Engineer, being attached hereto, marked Exhibit "A" and hereby made a part hereof by reference; LESS AND EXCEPT the undivided one-half interest in and to all of the oil, gas and other minerals in, on, under and/or that may be produced from the said land and property reserved unto the City of Brookhaven under the terms of that certain deed from said City executed in favor of Dr. Frank C. Massengill dated December 16, 1953, and recorded in Book 341 at page 34 of the land records of said county and state; and also LESS AND EXCEPT an undivided one-half interest in and to all of the oil, gas and other minerals in, on, under and/or that may be produced from the said land and property which is hereby reserved unto the said grantors, Dr. Frank C. Massengill, William Kent Bowen and George A. Dickerson.

(b) The State of Mississippi shall retain all mineral rights to the real property conveyed under this subsection (2).

(c) The conveyance authorized in this subsection (2) may be subject to additional terms and conditions agreed upon by the Department of Finance and Administration and the governing authorities of the City of Brookhaven, Mississippi.

SECTION 5. (1) The Department of Finance and Administration, acting on behalf of the Department of Wildlife, Fisheries and Parks, upon meeting the requirements of Section 29-1-1, and upon meeting requirements in subsection (2), may sell and convey to Saint Paul Missionary Baptist Church certain state-owned real property located in Oktibbeha County, Mississippi, and being more particularly described as follows:

Part of the Northwest Corner of the Southwest Quarter and Part of the Southwest Corner of the Northwest Quarter located in Section 8, Township 19N, Range 14E for a total of 14.23 acres less and except 4 acres which is already owned by Saint Paul Missionary Baptist Church.

(2) The Department of Finance and Administration may sell the property only upon approval by the Commission on Wildlife, Fisheries and Parks and upon receiving from the federal government a written release or exception to the restrictive covenants in the deed recorded in Book 764, pages 476-479, in the Office of the Chancery Clerk of Oktibbeha County. 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 Saint Paul Missionary Baptist Church, to be in the best interests of both parties.

(3) Any funds received by the State of Mississippi for the sale and 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 and conveyed pursuant to this section.

SECTION 6. (1) (a) In consideration for the conveyance authorized in subsection (2) of this section, the governing authorities of the City of Batesville, Mississippi, may convey to the Department of Finance and Administration, for the use and benefit of the Mississippi Forestry Commission, all right, title and interest in certain real property and any improvements thereon located in the City of Batesville, Panola County, Mississippi. As an alternative to conveying the property described in this subsection (1) as consideration for the conveyance authorized in subsection (2) of this section, the governing authorities of the City of Batesville, Mississippi, may provide any other form of consideration agreed upon by such governing authorities and the Department of Finance and Administration for conveyance of property described in subsection (2) of this section.

(b) The conveyance authorized in this subsection (1) may be subject to additional terms and conditions agreed upon by the governing authorities of the City of Batesville, Mississippi, and the Department of Finance and Administration.

(2) (a) In consideration for the conveyance of property authorized in subsection (1) of this section or other consideration agreed upon by the Department of Finance and Administration and the governing authorities of the City of Batesville, Mississippi, the Department of Finance and Administration, acting on behalf of the Mississippi Forestry Commission, shall convey to the governing authorities of the City of Batesville, Mississippi, all right, title and interest in certain real property and any improvements thereon located in Panola County, Mississippi, described more particularly as follows:

The parcel being located at MFC Fire Tower,

Highway 6, East, Batesville, Panola County,

Mississippi.

(b) The State of Mississippi shall retain all mineral rights to the real property conveyed under this subsection (2).

SECTION 7. (1) The governing authorities of the Town of Oakland, Mississippi, in their discretion, may sell, lease, trade, exchange or otherwise convey all or any portion of certain real property and any improvements thereon located in Yalobusha County, Mississippi, to any individual, firm, public corporation, private corporation, or any other entity, such property being more particularly described as follows:

E 1/2 of SE 1/4 of SW 1/4 of Section 6, Township 25

North, Range 4 East, Yalobusha County, Mississippi;

and NW 1/4 of SW 1/4, Section 6, Township 25 North,

Range 4 East, 1st Judicial District, Yalobusha

County, Mississippi.

(2) The conveyance authorized in subsection (1) of this section may be made for all types of industrial, economic, and commercial uses upon such terms and conditions, for such consideration, and with such safeguards as the governing authorities of the Town of Oakland determine will best promote and protect the public interest, convenience and necessity.

SECTION 8. (1) The Department of Finance and Administration, acting on behalf of the Department of Human Services, upon meeting the requirements of Section 29-1-1, Mississippi Code of 1972, may sell and convey to the Marion County Economic Development District certain real property and any improvements thereon located in Marion County, Mississippi, the property being more particularly described as follows:

The S1/2 of the SE1/4; and the SE1/4 of the SW1/4, all in Section 21, Township 4 North, Range 18 West, Marion County, Mississippi.

(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 Marion County Economic Development District, to be in the best interests of both parties.

(3) Any funds received by the State of Mississippi for the sale and conveyance of the real property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury to be used by the Mississippi Department of Human Services for the benefit of the Columbia Training School in Marion County, Mississippi.

(4) Any funds received from the sale or any other disposition of timber located on the property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury to be used by the Mississippi Department of Human Services for instructional purposes at the Columbia Training School in Marion County, Mississippi.

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

SECTION 9. (1) The Board of Directors of the Pat Harrison Waterway District may sell and convey to the Quitman Consolidated School District certain real property and any improvements thereon located in Clarke County, Mississippi, and being more particularly described as follows:

Commence at the NW corner of Section 12, T2N, R15E, and run south 1,463.61' to the property line fence of the Pat Harrison Waterway District property, then run N. 89 degrees 27' 01"E along said fence for 494.37', then run N. 88 degrees 32' 37"E. along said fence for 21.87" to the point-of-beginning of the property herein described. From said point-of-beginning, run N. 88 degrees 32' 37" E. along said fence for 873.34' to a line situated westerly of and one (1) foot distant from the 219.0 high level flood elevation of the Archusa reservoir; then run S. 16 degrees 02' 43" W. along said line for 24.80'; then run S. 34 degrees 38' 53" W. along said line for 23.28'; then run S. 9 degrees 47' 45" W. along said line for 4.18' to a line situated north and west of and sixty-six (66) feet distant from the 217.00 normal summer pool elevation of the Archusa reservoir; then run S. 89 degrees 54' 45" W. along the last mentioned line for 6.50'; then run S. 27 degrees 32' 24" W. along said line for 159.92'; then run S. 41 degrees 29' 42" W. along said line for 91.39'; then run S. 53 degrees 14' 55" W. along said line for 185.31' to a line situated north and west of and one (1) foot distant from the 219.00 high level flood elevation of the Archusa reservoir; then run S. 57 degrees 03' 23" W. along the last mentioned line for 34.80'; then run S. 81 degrees 02' 02" W. along said line for 72.89'; then run N. 76 degrees 18' 33" W. along said line for 77.85'; then run N. 65 degrees 09' 45" W. along said line for 100.68'; run N. 78 degrees 46' 59" W. along said line for 119.26'; then run N. 58 degrees 43'46" W. along said line for 78.21'; then run N. 42 degrees 53' 52" along said line for 19.70' to a line situated east of and sixty-six (66) feet distant from the 217.00 normal summer pool elevation of the Archusa reservoir; then run N. 10 degrees 50' 04" W. along the last mentioned line for 51.76'; then run N. 12 degrees 21' 23" W. along said line for 104.39'; then run N. 37 degrees 38' 32" W. along said line for 106.83 to the point-of-beginning, containing 5.35 acres in the NW 1/4 of Section 12, T2N, R15E, Clarke County, Mississippi.

(2) 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) The Pat Harrison Waterway District shall retain all mineral rights to the property conveyed under this section.

SECTION 10. (1) The Department of Finance and Administration, upon meeting the requirements of Section 29-1-1, Mississippi Code of 1972, may sell and convey to the governing authorities of the City of Batesville, Mississippi, certain real property and any improvements thereon located in Panola County, Mississippi, the property being more particularly described as follows:

A parcel in the Northwest Quarter of Section 14, Township 9 South, Range 7 West, Panola County, Mississippi, containing approximately 11 acres and having dimensions of approximately 440 feet on the Northern and Southern boundary lines and approximately 1,100 feet on the Eastern and Western boundary lines and being bound on the North by the City of Batesville Frontage Road, being bound on the East and the South by real property owned by the City of Batesville, Mississippi, and being bound on the West by the West line of the aforesaid Section 14, together with all appurtenances thereunto belonging and including but not limited to the easements for the purposes of constructing and maintaining guy wires and support cables for a radio transmission tower and for related purposes, said easement being located on property more particularly described as follows:

From the common corner of Sections 10,11,14, and 15, Township 9 South, Range 7 West, run thence South 190.7 feet; thence run East a distance of 424.25 feet; thence South a distance of 609.8 feet to the point of beginning of the land herein described; thence run East a distance of 50 feet; thence South a distance of 50 feet; thence West a distance of 50 feet; thence North a distance of 50 feet to the point of beginning, containing 0.057 acres, more or less, and being situated in the Northwest Quarter of Section 14, Township 9 South, Range 7 West, Panola County, Mississippi.

AND

From the common corner of Sections 10, 11, 14, and 15, Township 9 South, Range 7 West, run thence South for a distance of 631.5 feet to the point of beginning of Parcel No. 1 as described. From said point of beginning run thence South for a distance of 50 feet; run thence West for a distance of 50 feet; run thence North for a distance of 50 feet; run thence East for a distance of 50 feet to the point of beginning, containing .057 acres, more or less, and being situated in the Northwest Quarter of Section 15, Township 9 South, Range 7 West, Panola County, Mississippi.

(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 governing authorities of the City of Batesville, Mississippi.

(3) The radio transmission tower located on the property described in subsection (1) of this section may remain on such property until July 1, 2005. Any agency or department of the State of Mississippi using such tower on the effective date of this act may continue to use such tower and have access to the tower under such terms and conditions agreed upon by the Department of Finance and Administration and the governing authorities of the City of Batesville, Mississippi.

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

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

SECTION 11. This act shall take effect and be in force from and after its passage.