IN THE CIRCUIT COURT OF WOOD COUNTY,
WEST VIRGINIA
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner, CASE NO.: 17-C-425
PROJECT NO.: U354-14-8.69 00
- STP-0014(112)D
PARCEL NO. 28
PETTYVILLE GARDENS
LIMITED PARTNERSHIP,
HOPE GAS, INC., as successor in
interest to Hope Natural Gas Company,
MONONGAHELA POWER COMPANY,
CABOT OIL & GAS CORPORATION, as
successor in interest to Appalachian
Exploration & Development, Inc.,
FRONTIER WEST VIRGINIA, INC.,
as successor in interest to Chesapeake and
Potomac Telephone Company of West Virginia,
MINERAL WELLS PUBLIC SERVICE DISTRICT,
UNITED STATES OF AMERICA, acting through the
UNITED STATES DEPARTMENT OF AGRICULTURE
c/o Robert D. Lewis as Trustee,
WEST VIRGINIA HOUSING DEVELOPMENT FUND,
RICK L. PERDUE,
SHARON PERDUE,
and WOOD COUNTY SHERIFF/TREASURER,
Respondents.
NOTICE OF PUBLICATION
To the Above-Named Respondents and other lawful claimants:
The object of the above proceeding is to condemn certain property of the Respondents, or in which the Respondents have an interest, for public purposes for a right of way for constructing the relocation of County Route 21/17 in order to ease the flow of traffic with the construction of the new West Virginia State Route 14 as part of the Project âMineral Wells/Pettyville,ã designated as Project No. U354-14-8.69, STP-0014(112)D, the property proposed to be condemned being a part of Parcel No.28 of the Project, as designated on the Plans and Profile of the project filed in the Office of the Clerk of the County Commission of Wood County, West Virginia.
The property to be condemned for the purpose aforesaid is more particularly described as follows:
PARCEL 28, TRACT 1äCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the division line between Marsha L. Hutson and Pettyville Gardens Limited Partnership, said point being in the eastern proposed controlled access right of way line of relocated WV Route 14 and 109 feet left of and at right angle to relocated WV Route 14 centerline at Station 59+40; Project U354-14-8.69 00, STP-0014(112)D, Wood County, West Virginia;
thence, southeasterly, with said proposed controlled right of way line 356 feet, more or less, to a point in the western existing right of way line of WV Route 14, said point being 103 feet radially left of centerline at Station 62+89;
thence, southerly, with said existing right of way line 47 feet, more or less, to a point in the division line between Charles A. and Karen E. Cayton and Pettyville Gardens Limited Partnership, said point being 73 feet radially left of centerline at Station 63+24;
thence, westerly, with said division line 183 feet, more or less, to a point in the western proposed controlled access line of relocated WV Route 14, said point being 86 feet radially right of centerline at Station 62+35;
thence, northwesterly, with said proposed controlled access line 140 feet, more or less, to a point 87 feet radially right of centerline at Station 60+93;
thence, northwesterly, continuing with said controlled access line 268 feet, more or less, to a point 88 feet radially right of centerline at Station 58+22;
thence, northwesterly, continuing with said controlled access line 4 feet, more or less, to a point in the division line between James S. and Joanna L. Stephens and Pettyville Gardens Limited Partnership, said point being 88 feet radially right of centerline at Station 58+18;
thence, northeasterly, with said division line 75 feet, more or less, to a point common to James S. and Joanna L. Stephens, Marsha L. Hutson, and Pettyville Gardens Limited Partnership, said point being 25 feet radially right of centerline at Station 58+58;
thence, northeasterly, with the division line between Marsha L. Hutson, and Pettyville Gardens Limited Partnership 157 feet, more or less, to the place of beginning and containing 1.80 acres, more or less.
PARCEL 28, TRACT 2– NON CONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the division line between James S. and Joanna L. Stephens and Pettyville Gardens Limited Partnership, said point being in the western proposed controlled access line of relocated WV Route 14 and 88 feet radially right of relocated WV Route 14 centerline at Station 58+18, Project U354-14-8.69 00, STP-0014(112)D, Wood County, West Virginia;
thence, southeasterly, with said proposed controlled access line 4 feet, more or less, to a point 88 feet radially right of centerline at Station 58+22;
thence, southeasterly, continuing with said proposed controlled access line 272 feet, more or less, to a point 87 feet radially right of centerline at Station 60+93;
thence, southeasterly, continuing with said proposed controlled access line 140 feet, more or less, to appoint in the division line between Charles A. Cayton and Karen E. Cayton, and Pettyville Gardens Limited Partnership, said point being 86 feet radially right of centerline at Station 62+35;
thence, westerly, with said division line 210 feet, more or less, to appoint in the western proposed noncontrolled access right of way line of proposed Access Road 2, said point being 158 feet right of and at right angle to proposed Access Road 2 centerline at Station 706+73;
thence, northwesterly, with said proposed noncontrolled access right of way line 269 feet, more or less, to a point 164 feet right of and at right angle to proposed Access Road 2 centerline at Station 704+02;
thence, northerly, continuing with said proposed noncontrolled access right of way line 105 feet, more or less, to a point 59 feet right of and at right angle to proposed Access Road 2 centerline at Station 703+99;
thence, northwesterly, continuing with said proposed noncontrolled access right of way line 46 feet, more or less, to a point 32 feet right of and at right angle to proposed Access Road 2 centerline at Station 703+62;
thence, westerly, continuing with said proposed noncontrolled access right of way line 23 feet, more or less, to appoint in the division line between Laura G. Dean and Pettyville Gardens Limited Partnership, said point being 32 feet right of and at right angle to proposed Access Road 2 centerline at Station 703+39;
thence, northeasterly, with said proposed division line 39 feet, more or less, to a point common to James S. Stephens and Joanna L. Stephens, Laura G. Dean, and Pettyville Gardens Limited Partnership, said point being 117 feet radially right of relocated WV Route 14 centerline at Station 58+03;
thence, northeasterly, with the division line between James S. Stephens and Joanna L. Stephens, and Pettyville Gardens Limited Partnership 36 feet, more or less, to the place of beginning and containing 1.47 acres, more or less.
The tracts of land hereinabove described are a portion of that same real estate conveyed unto Pettyville Gardens Limited Partnership, from Rick L. Perdue and Sharon Perdue, husband and wife, by the following two deeds:
- By deed dated July 12, 1993, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 925 at Page 445.
- By deed dated July 12, 1993, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 921 at Page 485.
The above-named Respondents are hereby notified:
- that the above-styled condemnation proceeding was instituted in the Circuit Court of Wood County on December 11, 2017, to take and appropriate the above described property for the purposes aforesaid;
- that you may serve upon Ashley D. Wright, Esq., West Virginia Division of Highways, 1900 Kanawha Boulevard, East, Building 5, Room A-517, Charleston, West Virginia, 25305, an answer to the Petition filed herein;
- that a copy of the Petition may be obtained from the Clerk of the Circuit Court of Wood County;
- that a hearing to determine the right of the Petitioner to take, appropriate and use the above-described land will be held on March 12, 2018, at 11:15 A.M. before the Honorable Judge Wharton at the Wood County Judicial Building, 2 Government Square, Room 131, West Virginia, West Virginia, West Virginia, or as soon thereafter as counsel may be heard;
- that Land Commissioners may be selected, whose purpose will be to determine just compensation for the land proposed to be taken and for damages, if any, to the residue, and
- that any and all other proceedings may be held and had as may be proper, at which time and place you, and each of you, are hereby notified to be present to protect your interests in said proceeding.
Dated this _11_ day of ___December___, 2017.
THE WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel,
/s/: Ashley D. Wright, WV State Bar #11724
West Virginia Division of Highways
Legal Division, Room A-517, Building 5
1900 Kanawha Boulevard East
Charleston, West Virginia 25305-0430
Counsel for Petitioner
(304) 558-9279 Fax: (304) 558-3035
Counsel for Petitioner
Jan 8, 15