Bill Text: MS SB2582 | 2014 | Regular Session | Enrolled


Bill Title: Capers Avenue property; authorize DFA to transfer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-04-10 - Approved by Governor [SB2582 Detail]

Download: Mississippi-2014-SB2582-Enrolled.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Public Property

By: Senator(s) Blount

Senate Bill 2582

(As Sent to Governor)

AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO TRANSFER AND CONVEY CERTAIN REAL PROPERTY AT 300 CAPERS AVENUE WITHIN THE CITY OF JACKSON, HINDS COUNTY, MISSISSIPPI; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO PARTITION, TRANSFER AND CONVEY TO THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF HATTIESBURG, FORREST COUNTY, MISSISSIPPI; TO AUTHORIZE THE East Tallahatchie School District TO TRANSFER CERTAIN REAL PROPERTY TO THE CITY OF CHARLESTON, MISSISSIPPI; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The Department of Finance and Administration is authorized to transfer and convey certain real property that is located on Capers Avenue in the City of Jackson, Hinds County, Mississippi, and is more particularly described as follows:

Starting at the concrete monument that is the SW corner of the SE 1/2 of the SW 1/2 of Section 33, T6N-R1E in the First Judicial District of Hinds County, Mississippi, and being also within the corporate limits of the City of Jackson, run thence due East along the line between Section 33, T6N-R1E and Section 4, T5N-R1E for a distance of 1138.85 feet to a concrete monument of the south right-of-way line of the Illinois Central Railroad, the point of beginning.

Run thence S 42 degrees-03° E along said South right-of-way line of the Illinois Central Railroad for a distance of 134.45 feet to a concrete monument of the line between the land being described herein and Battle Hill Subdivision of the City of Jackson; run thence S 31 degrees-51° W along said line between the land being described herein and Battle Hill Subdivision of the City of Jackson for a distance of 430.48 feet to a point on the north line of Capers Avenue (Extended) as said avenue is now laid out and dedicated in the City of Jackson, Hinds County, Mississippi; run thence N 54 degrees-09° W along said north line of Capers Avenue (Extended) for a distance of 873.53 feet to the P.C. of a curve to the right with a radius (arc) of 536.19 feet; run thence along said curve and said north line of Capers Avenue (Extended) for a distance of 493.56 feet to the P.T. of said curve; run thence due north along the east line of Capers Avenue (Extended) for a distance of 478.86 feet to the P.C. of a curve to the right with a radius (arc) of 321.77 feet; run thence along said curve and said east line of Capers Avenue (Extended) for a distance of 176.59 feet to a point on the south right-of-way line of the Illinois Central Railroad; run thence S 42 degrees-01' 21" E along said South right-of-way line of the Illinois Central Railroad for a distance of 1661.56 feet to the point of beginning.  All of the above described land being situated in the SE 1/4 of the SW 1/4 of Section 33, T6N-R1E and the NE 1/4 of the NW 1/4 of Section 4, T5N-R1E in the First Judicial District of Hinds County, Mississippi, and being wholly within the corporate limits of the City of Jackson and containing 18.35 acres, more or less.

     (2)  (a)  If sold, the real property and the improvements thereon described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the average of at least two (2) appraisals by qualified appraisers, one (1) of which shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

          (b)  If the real property described in subsection (1) of this section is unable to be sold, the Department of Finance and Administration may conduct a public auction to dispose of such property.  Upon a determination by the department that the property cannot be sold by bid at appraised value, the department shall thereafter publish notice of public auction in some newspaper of general circulation in the state for at least three (3) consecutive weeks after which the department can sell the property at public auction to the highest bidder.

     (3)  The state shall retain all mineral rights in the property.

     (4)  The Department of Finance and Administration is vested with the authority to correct any discrepancies in the legal description of the property described in subsection (1) of this section.

     (5)  All monies derived from the sale of the property described in subsection (1) of this section shall be deposited into a special fund created in the State Treasury for the use and benefit of the Mississippi Department of Mental Health.  Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on the amounts in the special fund shall be deposited to the credit of the special fund.

     SECTION 2.  (1)  The Department of Finance and Administration is authorized to partition, transfer and convey to the Mississippi Department of Public Safety, all of the rights, title and interest in certain real property and any improvements thereon located within the City of Hattiesburg, Forrest County, Mississippi, whereupon is currently situated the facility occupied by the Department of Public Safety and used as a District Substation.

     (2)  The Department of Finance and Administration shall partition the existing parcel of real property, which now contains three (3) facilities, two (2) of which are maintained and operated by the Department of Finance and Administration Office of Capitol Facilities, and the remaining facility used for the purpose described in subsection (1) of this section.  Upon partition of the property into two (2) parcels of property, the Department of Finance and Administration shall retain the portion thereof upon which is situated the facilities under its administration and used for its operation.  The remaining parcel, as described in subsection (1) of this section, shall be transferred to the Department of Public Safety for its management, operations and maintenance.  Such property being more particularly described as follows:

     A parcel of land located in the NE 1/4 of the SE 1/4 of Section 34, Township 4 North, Range 13 West, Forrest County, Mississippi, and being more particularly described as follows:

Commence at a concrete marker found marking the NE corner of the said NE 1/4 of the SE 1/4, said point being on the southern right-of-way line of John Merl Tatum Industrial Drive; thence run North 89 degrees 52 minutes 40 seconds West along the north line of the said NE 1/4 of the SE 1/4 and along said southern right-of-way line for 111.62 feet to a crimp top pipe found, said point being the Point of Beginning; thence run South 00 degrees 14 minutes 28 seconds East for 456.18 feet to a crimp top pipe found; thence run South 89 degrees 33 minutes 01 seconds West for 341.44 feet to an iron pin found; thence run North 12 degrees 19 minutes 42 seconds West for 470.65 feet to an iron pin set on the said north line of the said NE 1/4 of the SE 1/4, said point also being on the said southern right-of-way line of said John Merl Tatum Industrial Drive; thence run South 89 degrees 52 minutes 40 seconds East along said north line and along said southern right-of-way line for 440.00 feet back to the Point of Beginning.  Said parcel contains 4.11 acres, more or less.

     (3)  The State of Mississippi shall retain all rights to minerals in the partitioned property transferred under subsection (1) of this section.

     (4)  The Department of Finance and Administration is vested with the authority to correct any discrepancies in the legal description of the property described in subsection (2) of this section.

     SECTION 3.  (1)  The school board of the East Tallahatchie School District is authorized, in addition to any authority provided by law to such school board, to transfer and convey certain real property in the possession of the school district to the City of Charleston for purposes approved on such terms and conditions as deemed appropriate by the school board.  The real property being more particularly described as follows:

A tract of land located North and/or West of the building formally known as the "Charleston Elementary School Gymnasium" and continuing to the eastern boundary line of Vine Street on the eastern boundary thereof, and being located in the City of Charleston, 1st Judicial District of Tallahatchie County, Mississippi.

     (2)  The real property to be donated and conveyed in subsection (1) of this section shall be used by the City of Charleston for the purpose of providing a location for civic, educational and recreational activities.

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

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