IN THE CIRCUIT COURT OF MORGAN COUNTY, WEST VIRGINIA
CASE NO.: 25-C-17
PROJECT NO. U333-522-11.92 04;
NHPP-0522(046)D
PARCEL NO. 7
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner,
DAVID G. WETZEL, and/or his successors
or assigns in interest;
CATHERINE P. GRAY, and/or her successors
or assigns in interest;
ALAN T. WETZEL, and/or his successors
or assigns in interest;
MATTHEW S. WETZEL, and/or his successors
or assigns in interest;
ALTON C. WELLS, and/or his heirs or assigns;
MABEL V. WELLS, and/or her heir or assigns;
STERLING E. AMBROSE, and/or his heirs or assigns;
KATHLEEN A. AMBROSE, and/or her heirs or assigns;
FIRSTENERGY CORP., as successor in interest to
The Potomac Edison Company;
NEWREZ, LLC d/b/a Shellpoint Mortgage, lienholder;
and MORGAN COUNTY SHERIFF/TREASURER;
Respondent.
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 roadway, designated as Project No. U333-522-11.92 04; NHPP-0522(046)D, the property proposed to be condemned being a part of Parcel No. 7 of the Project, as designated in the set of plans or maps for the project available for review in the DOH offices of District 5 located in Burlington, West Virginia.
The property to be condemned for the purpose aforesaid is situated in Morgan County, West Virginia, and is described as follows:
TRACT 1 – CONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the eastern proposed controlled access right of way line of relocated US 522, said point being in the division line between Patricia Anne Medley and David G. Wetzel, et al and 243 feet right of and at right angle to centerline at Station 797+84, U333-522-11.92 04, NHPP-0522(046)D, Morgan County, West Virginia:
thence, northwesterly, with said division line 55 feet, more or less, to a point 197 feet right of and at right angle to centerline at Station 798+14;
thence, northwesterly, continuing with said division line 240 feet, more or less, to a point in the southern existing right of way line of Morgan County Route 38/24, said point being 9 feet right of and at right angle to centerline at Station 799+63;
thence, northeasterly, with the meanders of said existing right of way line 190 feet, more or less, to a corner in the division line between Kathleen Ambrose and Robert S. Ambrose and David G. Wetzel, et al, said point being 84 feet right of and at right angle to centerline at Station 801+34;
thence, southeasterly, with said division line 198 feet, more or less, to a point in the eastern proposed controlled access right of way line of relocated US 522, said point being 247 feet right of and at right angle to centerline at Station 800+24;
thence, southwesterly, with said right of way line 240 feet, more or less, to the point of beginning, and containing 1.09 acres, more or less.
TRACT 2 – NONCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the eastern proposed noncontrolled access right of way line of Relocated Sherrill Lane, said point being 25 feet left of and at right angle to Relocated Sherrill Lane centerline at Station 22+22, U333-522-11.92 04, NHPP-0522(046)D, Morgan County, West Virginia;
thence, northwesterly, with said proposed right of way line 64 feet, more or less, to a point in the northern proposed noncontrolled access right of way line, said point being 38 feet right of and at right angle to centerline at Station 22+20;
thence, northerly, with said proposed right of way line 9 feet, more or less, to a point in the division line between Kathleen Ambrose and Robert S. Ambrose and David G. Wetzel, et al, said point being 44 feet right of and at right angle to centerline at Station 22+13;
thence, southeasterly, with said division line 56 feet, more or less, to a point 12 feet left of and at right angle to centerline at Station 22+16;
thence, southeasterly, continuing with said division line, 14 feet, more or less, to a point in the eastern proposed noncontrolled right of way line, said point being 26 feet left of and at right angle to centerline at Station 22+15;
thence, westerly, with said proposed right of way line, 8 feet, more or less, to the point of beginning, and containing 442 square feet, 0.01 acre, more or less.
TRACT 3 – TEMPORARY CONSTRUCTION EASEMENT
BEGINNING at a point in the eastern proposed noncontrolled access right of way line of relocated Sherrill Lane, said point being in the temporary construction easement line and 25 feet left of and at right angle to Relocated Sherrill Lane centerline at Station 22+22, U333-522-11.92 04, NHPP-0522(046)D, Morgan County, West Virginia;
thence, westerly, with said proposed temporary construction easement line 28 feet, more or less, to a point 13 feet left of and at right angle to centerline at Station 22+47;
thence, northerly, continuing with said proposed temporary construction easement line 60 feet, more or less, to a point in the eastern proposed controlled access right of way line of relocated US 522, said point being 47 feet right of and at right angle to centerline at Station 22+40;
thence, northeasterly, with said proposed controlled access right of way line 33 feet, more or less, to a point in the division line between Kathleen Ambrose and Robert S. Ambrose and David G. Wetzel, et al, said point being 247 feet right of and at right angle to relocated US 522 centerline at Station 800+24;
thence, southeasterly, with said division line 20 feet, more or less, to a point in the western proposed noncontrolled access right of way line of Relocated Sherrill Lane, said point being 44 feet right of and at right angle to Relocated Sherrill Lane centerline at Station 22+13;
thence, southerly, with said proposed right of way line 9 feet, more or less, to a point 38 feet right of and at right angle to centerline at Station 22+20;
thence, southeasterly, with said right of way line 64 feet, more or less, to the point of beginning, and containing 1,783 square feet, 0.04 acre, more or less.
The parcel of land hereinabove described is a portion of that same real estate conveyed unto David G. Wetzel, et al, from Thomas D. Wetzel and Dorothy D. Wetzel,
by life estate deed dated September 21, 2006, of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book 222 at Page 1.
The said Thomas D. Wetzel died November 24, 2007, and Dorothy D. Wetzel died November 26, 2020, and in accordance with the survivorship clause contained in said deed, their interest in said real estate became vested in David G. Wetzel, et al.
The above-named Respondents are hereby notified:
1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Morgan County on or about February 27, 2025, to take and appropriate the above-described property for the purposes aforesaid;
2. that you may serve upon Ashley D. Wright, 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;
3. that a copy of the Petition may be obtained from the Clerk of the Circuit Court of Morgan County;
4. that a hearing to determine the right of the Petitioner to take, appropriate and use the above-described land will be held on the 10th day of April, 2025, at 1:00 p.m. before the Honorable Judge Debra McLaughlin of Morgan County at the Morgan County Courthouse, 77 Fairfax Street, Berkeley Springs, WV 25411, or as soon thereafter as counsel may be heard;
5. 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
6. 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 4th day of March, 2025.
THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel,
___/s/ Ashley Wright__________________
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) 558-2823 Fax: (304) 558-3035
Counsel for Petitioner
3-12-2tm