MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Property
By: Representatives Barker, Byrd, Lott, McLeod, Moak, Watson, Weathersby
AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO SELL AND CONVEY PARCELS OF CERTAIN STATE-OWNED REAL PROPERTY AND ANY IMPROVEMENTS THEREON UNDER THE POSSESSION AND CONTROL OF THE UNIVERSITY OF SOUTHERN MISSISSIPPI, LOCATED IN THE CITY OF HATTIESBURG, FORREST COUNTY, MISSISSIPPI; TO STIPULATE THE CONDITIONS UNDER WHICH THE PROPERTY MAY BE SOLD TO PROMOTE THE HIGHEST AND BEST USE FOR THE UNIVERSITY OF SOUTHERN MISSISSIPPI AND THE STATE; TO EXEMPT THE SELLING ENTITY FROM THE ADVERTISING REQUIREMENT FOR ACCEPTANCE OF COMPETITIVE BIDS ON THE PROPERTY; TO PROVIDE THAT THE SELLING ENTITY SHALL ENTERTAIN REQUESTS FOR PROPOSALS FOR THE SALE AND PURCHASE OF THE PROPERTY AND IMPROVEMENTS AND ACCEPT THE PROPOSAL THAT PROVIDES THE HIGHEST AND BEST VALUE FOR THE UNIVERSITY OF SOUTHERN MISSISSIPPI AND THE STATE WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO THE PRICE, USE AND OTHER PROPOSAL CONDITIONS AS REQUIRED BY THE UNIVERSITY AND THE STATE; TO PROVIDE THAT THE STATE SHALL RETAIN ALL MINERAL RIGHTS TO THE REAL PROPERTY SOLD OR LEASED UNDER THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Board of Trustees of State Institutions of Higher Learning, is authorized to sell and convey parcels of certain state-owned real property and any improvements thereon under the possession and control of the University of Southern Mississippi, located in the City of Hattiesburg, Forrest County, Mississippi, and more particularly described as follows:
PARCEL 1 LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 13 WEST, FORREST COUNTY, MISSISSIPPI, ALSO BEING A PART OF THE MONTE VISTA TERRACE SUBDIVISION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 4 OF THE MONTE VISTA TERRACE SUBDIVISION, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN N89°47'18"W FOR 273.42' ALONG THE NORTHERN BOUNDARY OF CHEVY CHASE DRIVE TO A FOUND R.O.W. DISK; THENCE RUN N52°48'45"W FOR 37.45' ALONG THE NORTH BOUNDARY OF CHEVY CHASE DRIVE AND THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 139.55' ALONG A CURVE TO THE LEFT ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 454.56', AN INCLUDED ANGLE OF 17°35'24", A CHORD BEARING OF N16°43'32"W, AND A CHORD LENGTH OF 139.00'; THENCE RUN N64°55'38"E FOR 9.54' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND IRON PIN; THENCE RUN N28°33'59"W FOR 53.50' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S57°40'44"W FOR 9.81' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 78.06' ALONG A CURVE TO THE LEFT ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 454.56, AN INCLUDED ANGLE OF 9°50'23", A CHORD BEARING OF N37°01'23"W, AND A CHORD LENGTH OF 77.97'; THENCE RUN N42°06'05"W FOR 43.84' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 74.09' ALONG A CURVE TO THE RIGHT ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 159.28', AN INCLUDED ANGLE OF 26°39'02", A CHORD BEARING OF N20°48'27"W, AND A CHORD LENGTH OF 73.42'; THENCE RUN N00°03'33"W FOR 30.24' ALONG THE EAST BOUNDARY OF 31ST AVENUE TO A FOUND R.O.W. DISK; THENCE RUN N48°20'47"E FOR 24.84' ALONG THE EAST BOUNDARY OF 31ST AVENUE AS RELOCATED AND THE SOUTH BOUNDARY OF HARDY STREET TO A FOUND R.O.W. DISK; THENCE RUN S88°29'19"E FOR 453.83' ALONG THE SOUTH BOUNDARY OF HARDY STREET TO A CHISELLED 'X' IN A CONCRETE RETAINING WALL; THENCE RUN S00°11'09"W FOR 400.74' ALONG THE WEST BOUNDARY OF 30TH AVENUE BACK TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 3.54 ACRES, MORE OR LESS.
PARCEL MAY BE SUBJECT TO UNVACATED STREET RIGHT(S)-OF-WAY OR UTILITY EASEMENTS.
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 13 WEST, FORREST COUNTY, MISSISSIPPI, ALSO BEING A PART OF THE MONTE VISTA TERRACE SUBDIVISION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 4 OF THE MONTE VISTA TERRACE SUBDIVISION, PROCEED S58°42'20"W FOR 411.97' TO THE WEST R.O.W. BOUNDARY OF 31ST AVENUE TO AN IRON PIN AND THE POINT OF BEGINNING; THENCE RUN N88°24'33"W FOR 300.00' TO A SET IRON PIN; THENCE RUN N00°06'40"W FOR 623.00' TO A FOUND METAL PIPE ON THE SOUTH R.O.W. BOUNDARY OF HARDY STREET; THENCE ALONG THE SOUTH R.O.W. BOUNDARY OF HARDY STREET S76°00'29"E FOR 57.71' TO A FOUND R.O.W. DISK; THENCE ALONG THE SOUTH R.O.W. BOUNDARY OF HARDY STREET S88°43'25"E FOR 56.78' TO A FOUND R.O.W. DISK AT THE INTERSECTION OF THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED; THENCE RUN S43°43'26"E FOR 19.17' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE S00°18'27"E FOR 22.43' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 116.00' ALONG A CURVE TO THE LEFT ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 159.28', AN INCLUDED ANGLE OF 41°43'35", A CHORD BEARING OF S20°53'01"E, AND A CHORD LENGTH OF 113.45'; THENCE RUN S41°49'49"E FOR 43.77' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND IRON PIN; THENCE RUN 63.64' ALONG A CURVE TO THE RIGHT ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 454.56', AN INCLUDED ANGLE OF 8°01'20", A CHORD BEARING OF S37°42'47"E, AND A CHORD LENGTH OF 63.59'; THENCE RUN S57°10'45"W FOR 7.87' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S28°53'49"E FOR 54.54' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN N65°42'07"E FOR 7.68' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN 125.55' ALONG A CURVE TO THE RIGHT ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK, SAID CURVE HAVING A RADIUS OF 454.56, AN INCLUDED ANGLE OF 15°49'32", A CHORD BEARING OF S15°43'20"E, AND A CHORD LENGTH OF 125.15'; THENCE RUN S83°26'43"W FOR 7.37' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S02°51'15"E FOR 55.46' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN N89°36'10"E FOR 7.42' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S00°13'22"W FOR 75.76' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S05°43'51"E FOR 31.16' ALONG THE WEST BOUNDARY OF 31ST AVENUE AS RELOCATED TO A FOUND R.O.W. DISK; THENCE RUN S00°06'04"E FOR 58.53' ALONG THE WEST BOUNDARY OF 31ST AVENUE BACK TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 3.36 ACRES, MORE OR LESS.
PARCEL MAY BE SUBJECT TO UNVACATED STREET RIGHT(S)-OF-WAY OR UTILITY EASEMENTS.
(2) The real property described in subsection (1) of this section and any improvements thereon shall be sold for not less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which who shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.
(3) The property described in subsection (1) of this section shall be sold to result in the highest and best use of the property and to ensure that the property is used in a manner that will not interfere with the operation of the University of Southern Mississippi.
(4) Upon a determination by the Board of Trustees of State Institutions of Higher Learning that the use of real property described in subsection (1) of this section for the purposes prescribed under subsection (3) of this section for which it is to be sold will promote and foster the development and improvement of the university and its related facilities, the university shall be authorized and empowered in their discretion to sell the property without having to advertise for and accept competitive bids. The university shall entertain requests for proposals for the sale and purchase of the property and improvements and accept the proposal that provides the highest and best value for the university and the state which shall include, but not be limited to price, use and other proposal conditions as required by the university and the state as outlined below:
(a) The proposed purchase price of the property;
(b) The proposed use or uses of the property;
(c) The cost, scope and scale of the proposed development and the amount of the investment to be made by the proposed purchaser;
(d) The projected impact of the proposed development on the University of Southern Mississippi and the State of Mississippi, including anticipated or projected tax revenue to be generated as a result; and
(e) The projected timetable for the development.
(5) The State of Mississippi shall retain all mineral rights to the real property sold under this section.
(6) The Department of Finance and Administration may recover its costs associated with the transaction authorized by this section from the proceeds of the sale of the real property described in subsection (1) of this section and the net proceeds of the sale shall be deposited into a special fund in the State Treasury and shall be expended only for the benefit of the University of Southern Mississippi.
SECTION 2. This act shall take effect and be in force from and after its passage.