MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Public Property

By: Senator(s) Williamson, Hyde-Smith

Senate Bill 2803

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 3 AND 5 OF CHAPTER 512, LAWS OF 2005, TO CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION SHALL DONATE AND CONVEY CERTAIN STATE-OWNED PROPERTY TO THE CITY OF BROOKHAVEN AND THE COUNTY OF LAWRENCE; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO LEASE TO A PRIVATE OWNER, FOR PURPOSES OF AN EASEMENT, A CERTAIN PORTION OF REAL PROPERTY LOCATED ADJACENT TO THE STATE VETERANS HOME IN COLLINS, MISSISSIPPI; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO PURCHASE CERTAIN REAL PROPERTY LOCATED IN JEFFERSON DAVIS COUNTY, MISSISSIPPI, LINKING THE LONG LEAF TRACE TO THE JEFFERSON DAVIS COUNTY LAKE; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO DONATE AND CONVEY TO THE CITY OF NATCHEZ CERTAIN REAL PROPERTY LOCATED IN ADAMS COUNTY, MISSISSIPPI; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO DONATE AND CONVEY TO THE CITY OF JACKSON, MISSISSIPPI, A PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR INSTALLATION OF A WATER LINE; TO CREATE A NEW SECTION TO ALLOW MUNICIPALITIES TO DELEGATE AUTHORITY FOR ENFORCEMENT OF PARKING REGULATIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 3 of Chapter 512, Laws of 2005, is amended as follows:

     Section 3.  (1)  The Mississippi Department of Transportation shall donate and convey to the City of Brookhaven, Mississippi, all of the right, title and interest in certain real property located within the County of Lincoln, described more specifically as follows:

     2.63 acres, more or less, situated in Lot 7 of the Price Estate, City of Brookhaven, said lands are situated in the SW 1/4 of the SE 1/4 of Section 12, Township 7 North, Range 7 East, Lincoln County, Mississippi, and described in particular as follows:  Commencing at a Nail in the center of Hartman Street marking the NE Corner of the SW 1/4 of the SE 1/4 of Section 12 run N 89°16'00"W 30.00 ft. to a Fence Corner on the West side of said Hartman Street and the Point of Beginning.  Thence S 00°16'45"E 125.22 ft. along said Street to a 1/2 Inch Iron Pin on the North Right-of-Way of the Mississippi Central Railroad, thence away from said Street and along said Right-of-Way S 77°53'15"W 618.94 ft. to a concrete Right-of-Way Marker, thence away from said Railroad Right-of-Way N 00°41'00"W 251.91 ft. to a concrete Right-of-Way Marker, thence N 89°41'45"E 607.56 ft. to the Point of Beginning.

     (2)  The State of Mississippi shall retain all mineral rights to the property described in subsection (1).

     (3)  If the City of Brookhaven fails to use within a period of ten (10) years from the date of conveyance the property described in subsection (1), then such property shall revert to the State of Mississippi.

     SECTION 2.  Section 5 of Chapter 512, Laws of 2005, is amended as follows:

     Section 5.  (1)  The Mississippi Department of Transportation shall donate and convey to the County of Lawrence, Mississippi, all of the right, title and interest in certain real property located within the County of Lawrence, described more specifically as follows:

     2.89 Acres, more or less, situated in the East 1/2 of the NE 1/4 of Section 32, Township 7 North, Range 11 East, Lawrence County, Mississippi, and described in particular as follows:  Commencing at a Cotton Picker Spindle marking the NE Corner of said Section 32 run WEST 14.43 ft., run SOUTH 589.41 ft. to a 1/2 Inch Iron Pin on the East R/W of old Highway 27 50 ft. rt. of Station 1745+80 and the point of beginning.  Thence S 00°25'00"E 1375.55 ft. to a R/W Marker, thence S 56°53'30"W 250.03 ft. to a R/W Marker, thence N 10°47'30"E 184.12 ft. to a 1/2 Inch Iron Pin, thence N 79°10'15"W 10.00 ft. to a 1/2 Inch Iron Pin, thence along a R/W Curve to the left with a Delta Angle of 6°40'43", a Radius of 11509.16 ft., a Length of 1341.55 ft., and a Chord of N 07°29'20"E 1340.79 ft. to the Point of Beginning.

     (2)  The State of Mississippi shall retain all mineral rights to the property described in subsection (1).

     (3)  If the County of Lawrence fails to use within a period of ten (10) years from the date of conveyance the property described in subsection (1), then such property shall revert to the State of Mississippi.

     SECTION 3.  The Department of Finance and Administration, may lease to a private owner for purposes of an easement to allow ingress and egress from his property, a certain portion of real property located adjacent to the State Veterans Home in Collins, Mississippi, such property described more particularly as follows:

Commence at the Southeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 25, Township 8 North, Range 18 West, Covington County, Mississippi; thence run North a distance of 730.57 feet to the point of beginning of the easement to be described.  Said point being on the West right-of-way line of Grandview Drive; from said point of beginning.  Leaving said right-of-way line, run South 80 degrees 00 minutes 00 seconds West for a distance of 76.73 feet; thence run North a distance of 40.62 feet; thence run North to the 80 degrees 00 minutes 00 seconds East for a distance of 47.05 feet to the West right-of-way line of Grandview Drive; thence run Southeasterly along said right-of-way line along a curve that arcs to the left; said curve having a radius of 5,909.90 feet, a chord length of 45.96 feet, and a chord bearing South 39 degrees 30 minutes 05 seconds East, back to the point of beginning, containing 0.0568 acres; and being a part of the Southwest 1/4 of the Northeast 1/4 of Section 25, Township 8 North, Range 18 West, Covington County, Mississippi.

     SECTION 4.  (1)  The Mississippi Department of Transportation may purchase certain real property located in Jefferson Davis County, Mississippi, linking the Longleaf Trace to the Jefferson Davis County Lake, such real property more particularly described as follows:

     CRAWLEY PARCEL

Commence at the SE corner of the NE 1/4 of the SW 1/4

of Section 17, Township 7 North, Range 18 West,

Jefferson Davis County, Mississippi, said point also

being the Point of Beginning for a 33' wide parcel of

land for a recreational trail; thence run West a

distance of 865' to the west boundary line of a one

acre parcel described in Deed Book 130, Page 214 and

also being the east boundary of a parcel of land owned

by the Mississippi State Game and Fish Commission;

thence run along said boundary line North a distance

of 33'; thence leaving said boundary line run East a

distance of 832' to a point 33' west of the east line

of the NE 1/4 of the SW 1/4 of Section 17; thence run

parallel to said line North a distance of 2,607' to the

south boundary line of a two acre parcel described in

Deed Book 136, Page 344; thence run East a distance of

33' to the east line of the SE 1/4 of the NW 1/4 of

Section 17; thence run along said line South a

distance of 2,640' back to the Point of Beginning.

Said parcel contains ± 2.63 acres and is located in

the SE 1/4 of the NW 1/4 and the NE 1/4 of the SW 1/4

of Section 17, Township 7 North, Range 18 West,

Jefferson Davis County, Mississippi.

JACKSON PARCEL

Commence at the SE corner of the NE 1/4 of the

SW 1/4 of Section 17, Township 7 North, Range 18

West, Jefferson Davis County, Mississippi; thence

run North along the west line of the SE 1/4 and

NE 1/4 of Section 17 a distance of 2,540' to the

Point of Beginning for a 33' wide parcel of land for

a recreational trail; thence run East a distance of

33' thence run North parallel to the west line of the

NE 1/4 of Section 17 a distance of 1,005' to the south

boundary line of the Pearl and Leaf River Rail-to-Trails Recreational Trail described in Deed Book 165,

Page 483; thence run in a West Northwesterly direction

to the intersection of the West line of the NE 1/4 of

Section 17 and the south right-of-way of above said

recreational trail; thence run along said west line

South a distance of 1,010' back to the Point of

Beginning.  Said parcel contains ± 0.76 acres and

     is located in the west half of the NE 1/4 of Section 17,   Township 7 North, Range 18 West, Jefferson Davis

     County, Mississippi.

     (2)  The real property described in subsection (1) of this section shall not be purchased for more than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers who shall be selected by the Mississippi Department of Transportation and shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

     SECTION 5.  (1)  The Mississippi Department of Transportation shall donate and convey to the City of Natchez, Mississippi, all of the right, title and interest in certain real property located within the County of Adams, described more specifically as follows:

     Commencing at a 3/4" iron rod found on the Northerly

     right-of-way line of Wood Avenue at the intersection

     of Wood Avenue and Shields Lane, said iron rod being

     the most Southerly corner of Parcel 15, Group B, Tax

     Map 46-104 as described by deed recorded in Deed Book

     11-B on page 224 in the records of the Office of the

     Chancery Clerk of Adams County, Mississippi, and being

     defined as N 745214.75, E 1971895.18 on the above

     referenced coordinate system, run thence North

     80°23'54" West along the said Northerly right-of-way

     line of Wood Avenue for a distance of 102.57 feet to

     a 5/8" iron rod set for the Point of Beginning, and

     which Point of Beginning is the most Southerly corner

     of within described tract, being 201.73 feet left of

     Station 100+27.91 measured along a perpendicular line

     from the Centerline of the above Referenced Project.

     Thence from the said Point of Beginning run North

     81°40'16" West along the said Northerly right-of-way

     line of Wood Avenue for a distance of 245.37 feet to

     a 5/8" iron rod set; thence run North 08°18'17" East

     for a distance of 200.94 feet to a 5/8" iron rod set

     on the Northerly line of the above referenced Parcel 15;

     thence run South 81°00'30" East along the Northerly

     line of said Parcel 15 for a distance of 342.80 feet

     to a 5/8" iron rod set; thence run South 10°14'38"

     West for a distance of 30.55 feet to a 5/8" iron rod

     set; thence run South 52°06'11" West for a distance

     of 137.04 feet to a 5/8" iron rod set; thence run South     09°35'14" West for a distance of 67.48 feet to the Point

     of Beginning, and containing 1.31 acres.

     (2)  The State of Mississippi shall retain all mineral rights to the property described in subsection (1).

     SECTION 6.  (1)  The Department of Finance and Administration may donate and convey to the City of Jackson, Mississippi, a permanent utility easement and temporary construction easement for installation of a water line over and across a parcel of land located in the City of Jackson, more particularly described as follows:

     PERMANENT UTILITY EASEMENT

     Commencing at the common corner of the Mississippi

     Workers' Compensation Property with the City of

     Jackson Fire Station No. 18 property, and the North

     right-of-way line of Mississippi Highway 25, as

     shown on the plans for Federal Aid Project No.

     46-0056-001-044-101, as currently existing

     (March 17, 2006) and being 126 feet, more or less,

     east of the easternmost right-of-way line of

     Lakeland Lane, said point also being situated in

     the S˝ of NEĽ Section 25, T6N, R1E, First Judicial

     District of Hinds County, City of Jackson and being

     the POINT OF BEGINNING for the parcel herein described;

     run thence North 01 degree 38 minutes 53 seconds East

     for a distance of 30.00 feet; run thence South 89

     degrees 04 minutes 40 seconds East for a distance of

     32.22 feet; run thence North 82 degrees 43 minutes 15

     seconds East for a distance of 36.93 feet; run thence

     North 87 degrees 58 minutes 08 seconds East for a

     distance of 310.43 feet; run thence North 79 degrees

     37 minutes 31 seconds East for a distance of 98.98 feet;

     run thence North 84 degrees 22 minutes 29 seconds East

     for a distance of 213.48 feet; run thence North 86

     degrees 33 minutes 07 seconds East for a distance of

     208.45 feet; run thence North 88 degrees 48 minutes 46    seconds East for a distance of 281.36 feet; run thence

     along the arc of a curve to the right a distance of

     357.82 feet (chord bearing North 88 degrees 33 minutes

     31 seconds East, chord distance 357.81 feet), said curve    having a central angle of 01 degree 46 minutes 17 seconds

     and a radius of 11,574.20 feet; run thence North 89 degrees    26 minutes 49 seconds East for a distance 45.91 feet; run     thence along the arc of a curve to the right a distance of 100.35 feet (chord bearing North 89 degrees 41 minutes 42     seconds East, chord distance 100.34 feet), said curve

     having a central angle of 00 degrees 29 minutes 48

     seconds and a radius of 11,574.16 feet; run thence South

     86 degrees 58 minutes 04 seconds East for a distance of   100.95 feet; run thence along the arc of a curve to the

     right a distance of 574.56 feet (chord bearing South

     88 degrees 08 minutes 04 seconds East, chord distance

     574.50 feet), said curve having a central angle of 02

     degrees 50 minutes 44 seconds and a radius of 11,569.16

     feet to a point on the Northern R.O.W. line of Lakeland Drive; run thence along the said R.O.W. line South 55

     degrees 10 minutes 02 seconds West for a distance of

     40.57 feet; run thence South 85 degrees 36 minutes 07

     seconds West for a distance of 38.65 feet; run thence

     along the arc of a curve to the left a distance of 503.52     feet (chord bearing North 88 degrees 18 minutes 38 seconds West, chord distance 503.48 feet), said curve having a     central angle of 02 degrees 30 minutes 01 second and a

     radius of 11,539.16 feet; run thence North 86 degrees 58    minutes 04 seconds West for a distance of 100.82 feet;

     run thence along the arc of a curve to the left a distance

     of 99.28 feet (chord bearing South 89 degrees 41 minutes

     35 seconds East, chord distance 99.28 feet), said curve

     having a central angle of 00 degrees 29 minutes 34 seconds    and a radius of 11,544.16 feet; run thence South 89 degrees      26 minutes 49 seconds West for a distance of 45.91 feet;

     run thence along the arc of a curve to the left a distance

     of 357.19 feet (chord bearing South 88 degrees 33 minutes

     29 seconds West, chord distance 357.18 feet), said curve    having a central angle of 01 degree 46 minutes 22 seconds

     and a radius of 11,544.16 feet; run thence South 88 degrees    48 minutes 46 seconds West for a distance of 281.07 feet;

     run thence South 86 degrees 33 minutes 07 seconds West for

     a distance of 207.29 feet; run thence South 84 degrees 22    minutes 29 seconds West for a distance of 211.67 feet; run     thence South 79 degrees 37 minutes 31 seconds West for a     distance of 99.92 feet; run thence South 87 degrees 58 minutes 08 seconds West for a distance of 311.24 feet;

     run thence South 82 degrees 43 minutes 15 seconds West

     for a distance of 37.71 feet; run thence North 89 degrees

     04 minutes 40 seconds West for a distance of 34.75 feet to the POINT OF BEGINNING for the parcel herein described, containing 70,176.58 sq. ft. or 1.611 acres, more or less.

     TEMPORARY CONSTRUCTION EASEMENT

     In addition, a Temporary Construction Easement twenty

     (20) feet in width adjacent to and adjoining the north

     side of the above described Permanent Utility Easement is   hereby conveyed for use during construction of City of      Jackson Project No. 90113903, 54" water transmission line.     This Temporary Construction Easement contains 1.09 acres,

     (47,488.72 SF), more or less.  The Temporary Construction Easement shall commence when the Notice to Proceed of the construction project is issued by the City of Jackson to the   contractor and shall remain in force and effect for a period    of two (2) years thereafter or through completion of the      project, whichever date first occurs.

     SECTION 7.  A municipality, by ordinance duly spread upon its minutes, may delegate to an appropriate private enterprise with whom the municipality contracts all or part of the authority to enforce any ordinance concerning the regulation of parking within the confines of the municipality or any part thereof, including, but not limited to, penalties for violations, deadlines for the payment of fines and late payment penalties for fines not paid when due.  The delegating ordinance may also provide that a summons or parking citation for the violation may be issued by a uniformed law enforcement officer, uniformed law enforcement employee or by uniformed personnel employed by the delegate serving under contract with the municipality.

     SECTION 8.  This act shall take effect and be in force from and after its passage.