House Bill 1240

AN ACT TO AMEND SECTION 2, CHAPTER 442, LOCAL AND PRIVATE LAWS OF 1944, FOR THE PURPOSE OF REMOVING THE CONDITION ON CERTAIN REAL PROPERTY SOLD BY THE STATE MINERAL LEASE COMMISSION TO THE CITY OF JACKSON, HINDS COUNTY, MISSISSIPPI, FOR PARK PURPOSES AND PURPOSES INCIDENT THERETO WHICH CAUSES THE PROPERTY TO REVERT BACK TO THE STATE OF MISSISSIPPI FOR FAILURE OF THE CITY TO USE THE PROPERTY FOR THE PURPOSE FOR WHICH IT WAS ORIGINALLY SOLD AND CONVEYED; TO BRING FORWARD SECTION 1, CHAPTER 395, LAWS OF 1946, WHICH AUTHORIZED THE COMMISSION TO EXECUTE A CORRECTED DEED TO CORRECT A DISCREPANCY IN THE DESCRIPTION OF THE PROPERTY SOLD TO THE CITY OF JACKSON PURSUANT TO CHAPTER 442, LAWS OF 1944; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO EXECUTE A CORRECTED DEED TO REFLECT THE REMOVAL OF THE CONDITION OF USE OF SUCH PROPERTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 2, Chapter 442, Local and Private Laws of 1944, is amended as follows:

Section 1. Be it enacted by the Legislature of the State of Mississippi, That the State Mineral Lease Commission, acting for and on behalf of the State of Mississippi, be and it is hereby authorized and empowered in its discretion to execute a deed to the City of Jackson, a municipal corporation, to the following described property, lying and being situated in the First Judicial District of Hinds County, State of Mississippi, for a consideration of $50,000.00, and upon certain terms and conditions herein set forth, the land to be sold being described as follows: to wit:

S 1/2 of NW 1/4 of Section 25 T5N, R1E

NE 1/4 of SW 1/4 and the W 1/2 of SW 1/4,

of Section 25, T6N, R1E; SE 1/4 of

NE 1/4, Section 26, T6N, R1E;

That part of E 1/2 of SE 1/4 of Section 26, and that part of NE 1/4 of NE 1/4, of Section 35, T6N, R1E, lying easterly on the line drawn from a point, to wit: SW corner of SE 1/4 of NE 1/4, of said Section 26, diagonally to the NW corner of the lots facing Riverside Drive, owned by Mrs. Bonnie Germany Parker, Samuel T. Somers and L.S. Kendrick, Jr.

Also, that part of NW 1/4 of NW 1/4, Section 36, T6N, R1E, less the portion along the south side owned by the City of Jackson and less lots facing Riverside Drive owned by Mrs. Bonnie Germany Parker, Samuel T. Somers and L.S. Kendrick, Jr., containing 313 acres, more or less.

Section 2. That the conditions of the deed are that the city pay the sum of $50,000.00; and the further consideration that the city, at its own expense, open up and gravel a street running from the NW corner of the lots aforesaid owned by Mrs. Bonnie Germany Parker, Samuel T. Somers, and L.S. Kendrick, Jr., to and intersecting Peeler Avenue at the SW corner of the SE 1/4 of NE 1/4, Section 26, T6N, R1E aforesaid. And further, the city obligates itself to construct a street, to be not less than 100 feet in width, following the present line of Peeler Avenue as far as practicable, which street is to be maintained and traveled to the SE corner of the NE 1/4 of Section 25, T6N, R1E aforesaid.

That the right of way for the first mentioned street shall be granted equally from the state property and the property hereby authorized to be sold to the city in said Sections 35 and 26 aforesaid.

That all oil, gas and mineral rights in, under and to said aforesaid lands, shall be reserved unto the state forever with the rights of ingress and egress, over and on same for the purpose of exploration, production and removing same; but providing however, the consent of said municipality must first be had before the location of any wells or mines for the removal of same on said property, so that the use of said property for park purposes may be protected.

* * *

Section 3. That said deed shall be executed and delivered and the consideration of $50,000.00 shall be paid within three months from the effective date of this act; that the city be required to open up the streets and develop the park as fast as war conditions justify and that the streets be completed and the park be established within a period of three years from the effective date of this act. Should the city fail, neglect or refuse to establish said park within the time aforesaid, or cease to maintain and use the same as a park, the same shall cause said property to revert to the grantor as above provided.

Section 4. The consideration of $50,000.00 provided for under the terms of this act shall be covered into the State Treasury to the credit of the Building Commission Construction Fund, and shall be expended only as authorized by the Legislature.

Section 5. That this act be in force and take effect from and after its passage, as provided by law.

SECTION 2. Chapter 395, Laws of 1946, is brought forward as follows:

WHEREAS, There was a typographical error contained in a part of the description set out in Chapter 442 of the Laws of 1944; and,

WHEREAS, The City of Jackson has paid into the State Treasury the full amount of the consideration required by said Chapter 442 of the Laws of 1944, and in order to correct the same and to show correctly the property intended to be conveyed by the State of Mississippi to the City of Jackson.

NOW, THEREFORE:

Section 1. Be it enacted by the Legislature of the State of Mississippi, That the State Mineral Lease Commission, acting for and on behalf of the State of Mississippi be, and it is hereby authorized and empowered to execute a corrected deed to the City of Jackson, a municipal corporation, to the following described property, lying and being situated in the First Judicial District of Hinds County, State of Mississippi, the land being described as follows, to-wit:

S 1/2 of NW 1/4 of Section 25, T6N, R1E; NE 1/4

of SW 1/4 and the W 1/2 of SW 1/4 of Section 25,

T6N, R1E; SE 1/4 of NE 1/4, Section 26, T6N, R1E;

That part of E 1/2 of SE 1/4 of Section 26, and that part of NE 1/4 of NE 1/4 of Section 35, T6N, R1E, lying easterly on the line drawn from a point, to-wit: SW corner of SE 1/4 of NE 1/4 of said Section 26, diagonally to the NW corner of the lots facing Riverside Drive, owned by Mrs. Bonnie Germany Parker, Samuel T. Somers and L.S. Kendrick, Jr.

Section 2. That this act take effect and be in force from and after its passage.

SECTION 3. Upon the passage of this act, the Department of Finance and Administration is authorized to execute a corrected deed to the City of Jackson evidencing the removal of the condition imposed upon the use of the real property purchased by the City of Jackson as sold by the State Mineral Commission pursuant to Chapter 442, Local and Private Laws of 1944, as amended by Section 1 of this act.

SECTION 4. This act shall take effect and be in force from and after its passage.