***Adopted***
AMENDMENT No. 1 PROPOSED TO
House Bill NO. 1139
By Senator(s) Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Mississippi Forestry Commission, may sell and convey to the Board of Supervisors of Lincoln County, Mississippi, certain state owned real property located in Lincoln County, Mississippi, being more particularly described as follows:
Commencing at the intersection of the North boundary line of Section 21, Township 7 North, Range 8 East, Lincoln County, Mississippi, with the south right-of-way line of Mississippi Highway 184 (formerly U.S. Highway 84). Thence run South 52°41'26" East, 60.36 feet along said south right-of-way line of Mississippi Highway 184 to the point of beginning. Thence run South 24°31'17" East, 222.87 feet; thence South 00°31'08" East, 229.72 feet; thence South 69°50'07" East, 42.18 feet; thence North 00°41'05" East, 341.68 feet; thence North 52°41'26" West, 173.82 feet along said south right-of-way line of Mississippi Highway 184 to the point of beginning. Said parcel containing 0.48 acres ± more or less and being situated in the NW 1/4 of the NW 1/4 of Section 21, T7N, R8E, Lincoln 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 Supervisors of Lincoln County, Mississippi, to be in the best interests of both parties.
(3) Any proceeds from the sale and conveyance of the real property described in subsection (1) of this section shall be used first to reimburse the Department of Finance and Administration for any costs incurred by the department regarding the sale and conveyance, and the remaining proceeds 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 2. (1) The Department of Finance and Administration, acting on behalf of the Mississippi Forestry Commission, may grant a temporary construction easement to the Board of Supervisors of Lincoln County, Mississippi, over and across certain state owned real property located in Lincoln County, Mississippi, being more particularly described as follows:
Beginning at the intersection of the North boundary line of Section 21, Township 7 North, Range 8 East, Lincoln County, Mississippi, with the South right-of-way line of Mississippi Hwy 184 (formerly U.S. Highway 84) and the point of beginning. Thence run South 16°54'29" East, 220.29 feet; thence South 44°33'24" West, 116.57 feet; thence South 83°58'28" East, 111.20 feet; thence South 16°54'29" East, 170.95 feet; thence North 00°31'08" West, 229.72 feet; thence North 24°31'17" West, 222.87 feet; thence North 52°41'26" West, 60.36 feet along said South right-of-way line of Mississippi Highway 184 to the point of beginning. Said parcel containing 0.56 acres ± more or less and being situated in the NW 1/4 of the NW 1/4 of Section 21, T7N, R8E, Lincoln County, Mississippi.
(2) The temporary construction easement 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 Supervisors of Lincoln County, Mississippi, to be in the best interests of both parties.
SECTION 3. (1) The Mississippi Department of Wildlife, Fisheries and Parks, acting through the Department of Finance and Administration, shall convey to the Veterans of Foreign Wars, Post 9122, a parcel of state-owned property situated in Simpson County, Mississippi, being more particularly described as follows:
Commence at the NE Corner of the SW/4 of the NE/4 Section 21, Township 1 North, Range 5 East, Simpson County, Mississippi, and run thence South 01° 39' W, 501 ft. to the Point of Beginning for the lands herein conveyed. From said Point of Beginning continue and run South 809 ft. to the SE Corner of said SW/4 of the NE/4, Section 21; run thence North 89° 02' W, 751.27 ft. to a point on the R.O.W. of the Northbound Lane of U.S. Highway 49; run thence North 47° 16' W, 110.75 ft. to a concrete marker; run North 55° 13' W, 186.82 ft. to a concrete marker, continue North 34° 37' W, 156.08 ft. to a concrete marker; thence continue to run along the North R.O.W. line North 58° 00' W, 365 ft. to a point; from said point run thence North 76° 30' E, 1381 ft. to the Point of Beginning. All of said land lying and being situated in the SW/4 of the NE/4, Section 21, Township 1 North, Range 5 East, Simpson County, Mississippi, containing in the aggregate 20 acres, more or less, and less and except that parcel heretofore conveyed to the V.F.W. Post 9122 as same is recorded in Deed Book 919 at Page 672 of the Land Records located in the Chancery Clerk's Office, Simpson County, Mississippi.
(2) It is the intent of the Legislature that the real property described in subsection (1) shall revert to the Veterans of Foreign Wars, Post 9122, pursuant to the reverter clause of the special warranty deed which granted the real property to the Department of Wildlife, Fisheries and Parks in 1961. Such reverter clause provided that the real property shall revert back to the grantors should it cease to be used for a public recreational area and lake.
(3) The Department of Finance and Administration shall require the real property described in subsection (1) to be surveyed and marked. The Veterans of Foreign Wars, Post 9122, shall pay all of the recording, survey and other expenses related to the conveyance before the Department of Wildlife, Fisheries and Parks conveys the real property.
SECTION 4. Chapter 433, Laws of 2001, which authorizes the Mississippi Department of Wildlife, Fisheries and Parks to convey certain state-owned real property in Simpson County to the Veterans of Foreign Wars Post 9122, is hereby repealed.
SECTION 5. This act shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE MISSISSIPPI FORESTRY COMMISSION, TO SELL AND CONVEY TO THE BOARD OF SUPERVISORS OF LINCOLN COUNTY, MISSISSIPPI, CERTAIN STATE OWNED REAL PROPERTY LOCATED IN LINCOLN COUNTY, MISSISSIPPI; TO REQUIRE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO CONVEY CERTAIN STATE-OWNED REAL PROPERTY LOCATED IN SIMPSON COUNTY, MISSISSIPPI, TO THE VETERANS OF FOREIGN WARS POST 9122; TO REPEAL CHAPTER 433, LAWS OF 2001, WHICH AUTHORIZED THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO CONVEY CERTAIN STATE-OWNED REAL PROPERTY IN SIMPSON COUNTY TO THE VETERANS OF FOREIGN WARS POST 9122; AND FOR RELATED PURPOSES.