MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Local and Private

By: Senator(s) Brown

Senate Bill 2286

(As Sent to Governor)

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF STARKVILLE, MISSISSIPPI, TO ENTER INTO A LONG-TERM GROUND LEASE OF CERTAIN PROPERTY BELONGING TO MISSISSIPPI STATE UNIVERSITY OF AGRICULTURE AND APPLIED SCIENCE; TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF STARKVILLE, MISSISSIPPI, TO ENTER INTO A LONG-TERM OPERATING AGREEMENT REGARDING THE IMPROVEMENTS  CONSTRUCTED UPON SUCH PROPERTY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The governing authorities of the City of Starkville, Mississippi, are authorized and empowered, in their discretion, to enter into a ground lease, as lessee, for a period of not more than ten (10) years for a certain parcel of land belonging to Mississippi State University of Agriculture and Applied Science in the City of Starkville, Oktibbeha County, Mississippi, and being more particularly described as follows:

LOT 5

A parcel of land containing 1.67 acres, more or less,and being a part of Block 31 of the Starkville Land Company subdivision as platted and recorded in the Oktibbeha County Chancery Clerk's office in Plat Book 1 at Page 15 (Slide 8) and being more particularly described as follows:

COMMENCE at a 1/2" rebar found at the northeast corner of Lot 1A of Block 10 of said University Urban Renewal Area, First Revision, said point being the intersectionof the south right of way line of Russell Street and the west right of way line of Mill Street, and thence run S 80°42'48" E a distance of 49.68 feet to the intersection of the south right of way line of Russell Street and the east right of way line of Mill Street; thence run S 80°42'48" E along said south right of way line a distance of 347.33 feet; thence, continuing along said south right of way line, run S 00°56'06" E a distance of 17.61 feet; thence, continuing along said south right of way line, run S 81°25'34" E a distance of 202.71 feet; thence, continuing along said south right of way line, run S 76°59'27" E a distance of 44.32 feet to the west line of the Ergon Properties parcel described in Deed Book 2005 at Page 6692; thence, leaving said south right of way line, run S 00°32'07" W along the west line of said Ergon property a distance of 319.03 feet; thence, leaving said west line, run West a distance of 187.59 feet; thence run southwesterly on and along the arc of a curve turning to the right to the POINT OF BEGINNING of the herein described parcel, said curve having a radius of 54.50 feet, an arc length of 80.28 feet, a chord bearing of S 38°39'45" W, a chord length of 73.22 feet, and a central angle of 84°23'50".

From said POINT OF BEGINNING, thence run westerly on and along the arc of a curve turning to the right, said curve having a radius of 54.50 feet, an arc length of 59.16 feet,a chord bearing of N 68°02'29" W, a chord length of 56.30 feet, and a central angle of 62°11'41"; thence run northwesterly on and along the arc of a curve turning to the left, said curve having a radius of 20.00 feet, an arc length of 18.24 feet, a chord bearing of N 63°04'05" W, a chord length of 17.61 feet, and a central angle of 52°14'53"; thence run N 89°11'31" W a distance of 264.96 feet; thence run southwesterly on and along the arc of a curve turning to the left to a point on the east right of way line of Mill Street, said curve having a radius of 25.00 feet, an arc length of 40.11 feet, a chord bearing of S 44°50'27" W, a chord length of 35.95 feet, and a central angle of 91°56'04"; thence run S 01°07'35" E along said right of way line and the extension thereof for a distance of 158.44 feet; thence, leaving said right of way line, run southeasterly on and along the arc of a curve turning to the left, said curve having a radius of 25.00 feet, an arc length of 38.43 feet, a chord bearing of S 45°09'33" E, a chord length of 34.75 feet, and a central angle of 88°03'56"; thence run S 89°11'31" E a distance of 290.31 feet; thence run easterly on and along the arc of a curve turning to the right, said curve having a radius of 275.00 feet, an arc length of 37.85 feet, a chord bearing of S 85°14'56" E, a chord length of 37.82 feet, and a central angle of 07°53'10"; thence run N 00°46'25" E a distance of 182.89 feet back to the POINT OF BEGINNING, and containing 1.67 acres, more or less.

     SECTION 2.  The governing authorities of the City of Starkville, Mississippi, are authorized and empowered, in their discretion, to enter into a use and operation agreement for a period of not more than ten (10) years for the use and operation of a parking garage to be constructed on the certain parcel of land leased by the City of Starkville from Mississippi State University of Agriculture and Applied Science in the City of Starkville, Oktibbeha County, Mississippi, as authorized by Section 1 of this act.

     SECTION 3.  The approved ground lease and the approved use and operation agreement, and any amendments to the ground lease and the use and operation agreement, shall not be cancelled by successor governing authorities of the City of Starkville, Mississippi, based on the binding successor doctrine.

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