IN THE CIRCUIT COURT OF OHIO COUNTY, WEST VIRGINIA
WHEELING POWER COMPANY,
a West Virginia corporation,
Petitioner,
vs.
MOZART PARK ASSOCIATION, HENRY
SCHMULBACH HEIRS, EVA PAULINE BERTSCHY HEIRS,
CHARLES HORSTMANN HEIRS, J. H. LANCASTER
HEIRS, UNKNOWN SHAREHOLDERS OF MOZART
PARK ASSOCIATION, UNKNOWN PERSONS/ OWNERS
and TOM HOWARD, SHERIFF OF OHIO COUNTY, WEST VIRGINIA,
Respondents.
Civil Action No. 20-C-115
Hon. Ronald E. Wilson
LEGAL NOTICE OF
PUBLICATION AND NOTICE TO APPEAR
ON AUGUST 24, 2020, AT 10:00 A.M.
TO:RESPONDENTS, MOZART PARK ASSOCIATION, HENRY SCHMULBACH HEIRS, EVA PAULINE BERTSCHY HEIRS, CHARLES HORSTMANN HEIRS, J. H. LANCASTER HEIRS, UNKNOWN SHAREHOLDERS OF MOZART PARK ASSOCIATION, UNKNOWN PERSONS/OWNERS, AND TOM HOWARD, SHERIFF OF OHIO COUNTY, WEST VIRGINIA
Notice is hereby given to the aforementioned respondents that a Petition for Condemnation/ Right of Entry has been filed in the Circuit Court of Ohio County, West Virginia, and is known as Civil Action No. 20-C-115, and styled Wheeling Power Company v. Mozart Park Association, et al.
Said Petition for Condemnation/Right of Entry under the West Virginia laws of eminent domain seeks property for the construction of electrical transmission, distribution, and communication lines and appurtenant equipment and fixtures, and condemnation and right of entry on behalf of Wheeling Power Company situate on the waters of the Ohio River in Wheeling Corporation District (formerly Ritchie District), Ohio County, West Virginia, identified as Tax Map W88, Parcel 360, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 88, at page 424, and being more specifically bounded and described as follows:
Beginning at a stake in the West line of the tract of land conveyed by the Merchants and Mechanics Bank of Wheeling to Alexander Thorburn by deed dated April 18, A. D. 1846, and was of record in the office of the clerk of the county court of said county in deed book No 28 at pages 514 and 515, each stake being at the South – West corner of that part of the last mentioned tract of land which was granted by the said Thorburns to Marion Frazier, his daughter, by deed dated January 11th 1850, and now of record in said office in deed book No. 33 at page 194 and at the North – West corner of that part of the said land conveyed to said Thorburn as aforesaid, which was granted by said Thorburn and wife to Robert Frazier by deed dated April 1st, A.D. 1850, and now of record in said office in deed book No. 34, at page 331 and running from said Stake South 54* 49′ East One hundred sixty nine and thirty – eight one hundredths poles to a stake in the East line of said land conveyed to said Thorburn as aforesaid at a common corner of the two parts, of the last named land, hereinbefore mentioned, the last mentioned stake being in the back or East line of the old Denny tract; thence running South 1* 53′ West one hundred fourteen and fifty two one hundredths poles to a stake; thence running North 58* 35′ West one hundred seventy two and eight one hundredths poles to a stake on the West or front line of the first mentioned tract of land; And from thence running in a Northerly direction but parallel with Wetzel Street, in the Eighth Ward of the city of Wheeling, in said county and state, one hundred twenty – one and Forty -six one hundredths poles to the place of beginning.
Excepting 12 ½ acres, more or less.
The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/ Right of Entry may be obtained from the Ohio County Circuit Clerk’s office at 1500 Chapline Street, Wheeling, West Virginia, 26003, for the purposes of appearing and defending. The Petition for Condemnation/ Right of Entry may also be obtained from the attorneys for Wheeling Power Company, Jeffrey A. Kimble, Post Office Box 128, 140 West Main Street, Suite 300, Clarksburg, West Virginia, 26302- 0128, or Douglas C. McElwee, 700 Virginia Street East, Suite 400, Charleston, West Virginia, 25301.
The aforementioned respondents are further notified that a hearing on the said Petition for Condemnation/Right of Entry will occur on August 24, 2020, at 10:00 a.m., in the Circuit Court of Ohio County, West Virginia, located at 1500 Chapline Street, Wheeling, West Virginia, 26003, before the Honorable Ronald E. Wilson. You may appear for hearing as stated above, and are notified that any failure to appear may result in the waiver of any defenses or claims, if any, you may have.
Entered by the Clerk of said Court on this 22nd day of June, 2020.
BRENDA L. MILLER
OHIO COUNTY CIRCUIT CLERK
By:
Deputy Clerk
Submitted by:
Douglas C. McElwee
(W. Va. State Bar I.D.: 2449)
Jeffrey A. Kimble
(W. Va. State Bar I.D.: 4928)
Post Office Box 128
140 West Main Street, Suite 300
Clarksburg, West Virginia 26302-0128
(304) 326-5313
Attorneys for Petitioner
Int. July 3, 10, 2020