IN THE CIRCUIT COURT OF OHIO COUNTY, WEST VIRGINIA
UPON PROCEEDINGS TO CONDEMN LAND FOR PUBLIC USE
Civil Action No.
2019-C-291 (REW)
Ohio County Public Service District, a public corporation and political subdivision of the State of West Virginia,
Petitioner,
v.
The Sandscrest Foundation, Incorporated, and The Unknown Heirs, Devisees, and Assigns of Margaret H. Leiphart,
a/k/a Margaret Clarissa Leiphart, Mary Jane Leiphart Eggleston or her Unknown Heirs, Devisees, and Assigns, Eleanor Charlotte Leiphart or her Unknown Heirs, Devisees, and Assigns, Plumer Cole Leiphart or his Unknown Heirs, Devisees, and Assigns, Robert Archibold Leiphart or his Unknown Heirs, Devisees, and Assigns, Thomas Leiphart or his Unknown Heirs, Devisees, and Assigns, the Unknown Heirs, Devisees, and Assigns of S. Nesbitt, Jr., a/k/a Samuel Nesbitt, Jr., the Unknown Heirs, Devisees, and Assigns of Agnes Virginia Nesbitt, the Unknown Heirs, Devisees, and Assigns of Samuel L. Nesbitt, a/k/a Samuel Leander Nesbitt, June N. Carroll or her Unknown Heirs, Devisees, and Assigns, Paul K. Nesbitt or his Unknown Heirs, Devisees, and Assigns, the Unknown Heirs, Devisees, and Assigns of J.C. McCurdy, a/k/a John C. McCurdy, the Unknown Heirs, Devisees, and Assigns of John C. McCurdy, Jr., the Unknown Heirs, Devisees, and Assigns of John A. McCurdy, the Unknown Heirs, Devisees, and Assigns of Emmett McCurdy, the Unknown Heirs, Devisees, and Assigns of Anna Lee McCurdy, the Unknown Heirs, Devisees, and Assigns of Jesse B. McGill, the Unknown Heirs, Devisees, and Assigns of Helen McGill Tighe, the Unknown Heirs, Devisees, and Assigns of Donald R. McGill, the Unknown Heirs, Devisees, and Assigns of Thomas E. Henderson, the Unknown Heirs, Devisees, and Assigns of Osceola D. Henderson, the Unknown Heirs, Devisees, and Assigns of any Unknown Shareholders of the Betty Zane Land Co., and all Unknown Claimants, Owners, and Lienors of any Land of the Betty Zane Land Co., such Unknown Claimants, Owners, and Lienors, together with all defendants named above whose whereabouts are unknown and all Unknown Heirs, Devisees, and Assigns of such defendants, all being collectively and generally described as the Unknown Defendants;
Defendants.
ORDER OF
PUBLICATION
TO: The Unknown Defendants, including all named defendants whose whereabouts are unknown and their Unknown Heirs, Devisees, and Assigns.
The object of above entitled action is to acquire by condemnation fee simple title to the surface of land described below as provided in a Petition to Condemn Land for Public Use filed by the Ohio County Public Service in the Circuit Court of Ohio County, West Virginia on November 15, 2019:
The following parcel of land situate on the westerly side of the South Fork of Short Creek Road, Richland District, Ohio County, West Virginia, comprising a part of McColloch Road as shown on the Map of Betty Zane Place, recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia in Plat Book 2, at page 82, and being more particularly bounded and described as follows: Beginning at a point at the northwest corner of the hereindescribed parcel, said point being located S. 13* 01′ E. (based on the meridian of Deed Book 362, at page 224), 30 feet from an iron pin found in the easterly line of Seventh Avenue, at the southwest corner of Lot 176, as shown said plat; thence from said beginning point and passing through said McColloch Road N. 71* 04′ 54″ E. 223 and 15/100 feet to a point in the westerly line of said South Fork of Short Creek Road; thence with same S. 23* 54″ E. 12 and 91/100 feet to a point at the northeast corner of a 49/1000 acre parcel of land intended to be acquired by the party of the second part hereto; thence with same S. 63* 06′ W. (at 100 and 14/100 feet passing the division line between said 49/1000 acre parcel and a 107/1000 acre parcel of land intended to be acquired by the party of the second part hereto), 231 and 16/100 feet to a point; thence N. 13* 01′ W. 45 and 2/10 feet to the place of beginning, containing by partial survey and calculations by Stegman & Schellhase, Inc., Civil Engineers and Surveyors on May 10, 2019, one hundred forty-nine one thousandths (149/1000) acres, more or less.
Being is part of a 161.9-acre tract of land conveyed by J. C. McCurdy and Margaret B. McCurdy, husband and wife, S. Nesbitt, Jr. and Agnes Virginia Nesbitt, husband and wife, Thomas E. Henderson and Osceola D. Henderson, husband and wife, and Margaret H. Leiphard and Charles W. Leiphart, wife and husband, to the Betty Zane Land Co. by deed, dated September 17, 1925, recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia in Deed Book 202, Page 447.
The subject land is located in Richland District, Ohio County, West Virginia by Clear Creek Hollow Lane and is shown on the Ohio County Assessor’s tax maps as part of Map No. R11, Parcel No. 15 and is assessed in the name of The Sandscrest Foundation, Inc.
The uses and purposes for which the land is to be taken is are the construction, operation, maintenance, improvement, repair, replacement, renewal, and relocation of public works comprising part of its sanitary sewer system and water distribution system, including specifically its Short Creek vacuum station and all appurtenances thereto located nearby the intersection of S. F. Short Creek Road and Clear Creek Hollow Lane in Ohio County, West Virginia.
Record title to the land is held in the name of the Betty Zane Land Co., a West Virginia corporation that was dissolved in 1933, the shareholders of which are all deceased.
It appearing by affidavit filed in this action that there are named defendants whose whereabouts are unknown to the petitioner and that there are defendants whose names are unknown to the petitioner and who are heirs, devisees, and/or assigns of deceased individuals with interests in the subject land or have succeeded to interests in the land or who may claim an interest or lien therein, and who are made parties to the Petition filed in this action by the general description of unknown defendants; it is
ORDERED that each of the unknown defendants do appear and serve upon Christopher P. Riley, petitioner’s attorney, whose address is 1217 Chapline Street, P.O. 390, Wheeling, West Virginia, an answer or other defense to the complaint filed in this action on or before December 19, 2019, otherwise judgment by default will be taken against them at any time thereafter; and it is further
ORDERED that a hearing shall take place on the 6th day of January, 2020, at 10:00 am before the Honorable Ronald E. Wilson, Circuit Judge, at his courtroom or chambers on the Second Floor of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia, during which the Court shall consider the allegations set forth in the Petition and the relief requested therein. All persons who may have an interest in the subject matter of the above entitled action are invited to appear on that date and protect their interests.
A copy of the Petition can be obtained from the undersigned Clerk at his office located in Wheeling in said county and state.
Entered by the Clerk of said Court:November 15, 2019.
/s/ Brenda L. Miller
Brenda L. Miller,
Clerk of the Circuit Court
of Ohio County,
West Virginia
By: /s/ Vicki Lough
Deputy Clerk
Int. Nov. 18, 25, 2019