MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Public Property

By: Representative Lamar

House Bill 961

(As Sent to Governor)

AN ACT TO AUTHORIZE THE STATE BOARD OF MENTAL HEALTH, ACTING ON BEHALF OF THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH, TO TRANSFER AND CONVEY CERTAIN REAL PROPERTY LOCATED IN SENATOBIA, TATE COUNTY, MISSISSIPPI, TO THE BOARD OF SUPERVISORS OF TATE COUNTY; TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION, ACTING ON BEHALF OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO TRANSFER AND CONVEY TO THE BOARD OF TRUSTEES OF COPIAH-LINCOLN COMMUNITY COLLEGE, A CERTAIN PARCEL OF LAND  SITUATED IN WESSON, COPIAH COUNTY, MISSISSIPPI, WHICH IS ADJACENT TO THE COLLEGE CAMPUS AS USED AS A RIGHT-OF-WAY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The State Board of Mental Health, acting on behalf of the Mississippi Department of Mental Health, is authorized to transfer and convey a parcel or unused portions thereof of certain real property located in Senatobia, Tate County, Mississippi, which was originally conveyed for purposes designated by the Department of Mental Health, to the Board of Supervisors of Tate County, Mississippi, and being more particularly described as follows:

TRACT I

A part of the Southeast Quarter of Section 25, Township 5 South, Range 8 West, Tate County, Mississippi, containing 15.1 acres more or less and being more particularly described as follows, to—wit:

Beginning at an iron stake that is 1665.7 feet North and 1923.88 feet West of the Southeast corner of said Section 25; said point of beginning begin the Northwest corner of the property occupied by the W.A. Krueger Company Manufacturing Plant; running thence South 0 degrees, 49 minutes, and 45 seconds West along the West line of said manufacturing plant property for a distance of 950.0 feet to a road (50' right-of-way); thence North 89 degrees, 12 minutes, and 42 seconds West along the North line of said road for a distance of 683.0 feet; thence North 0 degrees, 2 minutes, and 27 seconds West for a distance of 950.2 feet; thence South 89 degrees 12 minutes, and 42 seconds East for a distance of 703.28 feet to the point of beginning.

TRACT II

A part of the Southeast Quarter of Section 25 and of the Northeast Quarter of Section 36, Township 5 South, Range 8 West, Tate County, Mississippi containing 19.3 acres more or less and being more particular]y described as follows, to—wit:

Beginning at a stake on the North line of Brown's Ferry Road that is 447.8 feet South and 1954.4 feet West of the Southeast corner of said Section 25; running thence North 0 degrees, 49 minutes, and 45 seconds East for a distance of 1113.8 feet to the South line of a gravel road, (50' right-of-way) thence North 89 degrees, 12 minutes, and 42 seconds West along the South line of said gravel road for a distance of 542.1 feet; thence South 0 degrees, 47 minutes, and 18 seconds West for a distance of 150.0 feet; thence North 89 degrees, 12 minutes, and 42 seconds West for a distance of 136.79 feet; thence South 0 degrees, 23 minutes, and 27 seconds East for a distance of 1285.44 feet to the North line of Brown's Ferry Road; thence in an Easterly direction along the North line of said Brown's Ferry Road around a curve to the left with a radius of 1210.0 feet and a tangent of 140.10 feet for a distance of 278.96 feet; thence North 62 degrees, 0 minutes, and 14 seconds East along the North line of said Brown's Ferry Road for a distance of 449.38 feet to the point of beginning.

     (2)  Of the property described in subsection (1) of this section, the State Board of Mental Health shall only transfer and convey the unused and undeveloped portion of the property specifically designated for use by the Mississippi Department of Mental Health to the Board of Supervisors of Tate County.  At the sole discretion of the State Board of Mental Health, in executing a document of conveyance for the property described, which may include a provision to retain a right-of-way, which shall consist of a minimum of a twenty (20) feet, but shall not exceed the maximum of thirty (30) feet which shall inure to the benefit of the Mississippi Department of Mental Health for the purposes of providing an additional green space boundary between the new county and state property lines.  This additional space shall serve as a buffer to protect the safety and privacy of the vulnerable adults receiving services at the Department of Mental Health Community Homes and to ensure compliance with the Mississippi Department of Health regulatory standards for an Intermediate Care Facility (ICF).  In conformity to the provisions of this subsection, the Board of Supervisors of Tate County is restricted from engaging in any activity upon the property described in subsection (1) of this section that will adversely impact the operation, safety or comfort of the inhabitants and staff personnel of the facility operated by the Department of Mental Health, which is located in close proximity to the property to be conveyed.

     (3)  The State of Mississippi shall retain all mineral rights to the real property transferred under this section.

     (4)  The State Board of Mental Health is authorized to correct any discrepancies in the legal description of the property provided in this section.

     SECTION 2.  (1)  The Mississippi Transportation Commission, acting on behalf of the Mississippi Department of Transportation is authorized to transfer and convey to the Board of Trustees of Copiah-Lincoln Community College, a certain parcel of land  situated in Wesson, Copiah County, Mississippi, which is adjacent to the college campus and used as a right-of-way by the department, for the purpose of placing signage at the entrance of the college.  The property being more particularly described as follows:

COMMENCING at the intersection of the current US 51 alignment & the access road to Copiah-Lincoln Community College as shown at station 568+08.05 of US HIGHWAY 51 PROJECT F.I. 258(2) & at station 40+08.05 of the college connector road PROJECT 79-0015-00-019-10; from said point run Easterly along the centerline of the college access road a distance of 80.00' to station 40+88.05, then Southerly and perpendicular 90' to a POINT OF BEGINNING that is also perpendicular to and 80' from station 567+00.2 of current US 51 alignment, thence from said point of beginning run S 66° 20' 49" E a distance of 31.85' to the beginning of a tangent curve concave left and having a radius of 1727.022', thence Easterly along said curve a distance of 47.97' to a point that is perpendicular and 90' Southerly of station 41+65.37 of college access road, thence Southerly along a curve concave left, said curve having a radius of 1590.94', a chord bearing of S 7° 06' 44.64" E, and a chord distance of 177.67' to a point along the Easterly right-of-way of the old US 51 alignment that is perpendicular to station 396+59.98 OLD US HIGHWAY 51 PROJECT WPMH-89E; thence Northwesterly along a curve concave left, said curve having a radius of 357.84', a chord bearing of N 47°47' 46.3" W, and a chord distance of 169.58' to a point that is perpendicular and 80' Easterly of station 566+23.36 of the current US 51 alignment, thence Northerly along a curve concave left, said curve having a radius of 5807.48', a chord bearing of N 17° 55' 34.6" E, and a chord distance of 89.06' to the POINT OF BEGINNING, and close, containing 0.27 acres, more or less situated in Section 4, Township 8N, Range 8E, Copiah County, Mississippi.

     (2)  (a)  Of the property described in subsection (1) of this section, it is hereby understood and agreed by the Board of Trustees of Copiah-Lincoln Community College, as the grantee herein named, that all existing utilities located on, under or above the property herein described, shall remain, at the discretion of the utility owners, and that the grantee, its assigns, or successor boards in the title will not require the relocation of these utilities except by agreement with the utility owner.

          (b)  This conveyance is subject to the provisions that no junkyards, as defined in 23 USCS Section 136, shall be hereafter established or maintained on or above described lands, and no signs, billboards, outdoors advertising structures or advertisement of any kind, as provided for in 23 USCS Section 131, shall be hereafter erected, displayed, placed or maintained upon or within the above described land, except that signs may be erected and maintained to advertise the sale, hire or lease of the property, or principal activities conducted on the land upon which the signs are located.

     (3)  The State of Mississippi shall retain all mineral rights to the real property transferred under this section.

     (4)  The Mississippi Department of Transportation is authorized to correct any discrepancies in the legal description of the property provided in this section.

     SECTION 3.  This act shall take effect and be in force from and after its passage.