Marion

AMENDED ORDER OF PUBLICATION NOTICE OF CONDEMNATION

IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA
DIVISION II
MONUMENTAL PUBLIC SERVICE DISTRICT,
a West Virginia public service district,
Petitioner,
v.
CIVIL ACTION NO. CC-24-2021-C-63
DAVID SCHOEWE and JANICE AMOS, husband
and wife; CLYDE B. AMOS, his successors, heirs
and assigns; UNKNOWN RESPONDENTS;
and JIMMY RIFFLE, Sheriff-Treasurer,
Respondents.
AMENDED ORDER OF PUBLICATION
NOTICE OF CONDEMNATION
TO: The above named respondents, owners, claimants, or lienors of the land herein
described:
The object of this action is to appropriate the interests in real estate hereinafter referred to for the purpose of constructing, improving, and otherwise maintaining Petitioner’s water distribution system, to ascertain just compensation to the owners thereof and other persons interested therein for certain easements in, over, and through said real estate, and damages, if any, to the residue of the lands not taken, and for such further and necessary proceedings under Chapter 54, Article 2, Section 14a of the Code of West Virginia, as amended.
An affidavit having been made and filed in this civil action stating therein the following:
Affiant believes that Respondents David Schoewe and Janice Amos are not residents of the State of West Virginia, and their last known address is 7450 Pine Vista Drive, Brighton, Michigan 48116.
Affiant believes that Respondent Clyde B. Amos is deceased and that there are or may be persons, other than those named in the petition as petitioner and respondents, interested in the subject matter of the action, whose names are unknown to Petitioner and who are made respondents by the general description of Unknown Respondents.
Therefore, it is hereby Ordered that the above-named and unknown Respondents and any party having an interest in the above-styled action must serve an answer upon Jarrod G. DeVault, Rose, Padden, Petty, Taylor and Lilly, L.C., 400 Locust Avenue, Fairmont, West Virginia 26554, Petitioner’s attorney, and appear and defend on or before June 21, 2021, or judgment by default may be rendered against the Respondents at any time thereafter, subject to the provisions of Chapter 54 of the West Virginia Code, as amended. A copy of the Petition may be obtained from the Circuit Clerk of Marion County, West Virginia.
Furthermore, you are hereby notified that on June 14, 2021, at 11:00 A.M., or as soon thereafter as counsel may be heard, the Petitioner will appear before the Honorable David R. Janes, Judge of the Circuit Court of Marion County, West Virginia, in his courtroom located on the third floor of the Marion County Courthouse, Adams Street, Fairmont, West Virginia, and present its verified petition for a determination by the Court of the right of the Petitioner to enter upon, take possession of, and appropriate for public use the interests in lands indicated and described in said petition; for permission of the Court to pay to the Clerk of the Court for the benefit of the Respondents a sum of money equaling the Peititoner’s estimate of just compensation for the interests in real estate to be acquired; for an order permitting the Petitioner to at once enter upon, possess, appropriate and use said lands for the purposes set forth in the Petition and vesting defeasible title to said interests in the Petitioner; for the appointment of Commissioners to ascertain a just compensation for the appropriated lands, as well as the damages, if any, to the residue of said lands less all benefits that may be derived in respect thereto and the setting of a date for the convening of said Commissioners to view said lands and to hear the evidence which may be offered by any party in interest as provided by law; and for such other relief necessary to condemn the easements in, over, and through the subject real estate for the purpose of constructing, expanding, improving, and otherwise maintaining Petitioner’s water distribution system.
LEGAL DESCRIPTION OF
INTERESTS PROPOSED TO BE TAKEN
A perpetual easement with the right to erect, construct, install, lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove a water line, together with all rights of way and easements necessary to connect service lines, to provide vehicular access, and for any other purpose necessary and convenient to the operation and maintenance of the Monumental Public Service District’s water distribution system, which easement consist of two permanent easements, the first being for a water line, 20 feet in width and 1,215 feet in length containing a total of 24,300 square feet, as shown upon Construction Sheet No. 22 of the Monumental Public Service District Water Line Extension Engineering Plans, and the second being for a bore pit containing a total of 600 square feet, as shown upon Construction Sheet No. 11 of the Monumental Public Service District Water Line Extension Engineering Plans.
Being a part of the same real estate conveyed unto Janice Amos and David Schoewe by deed from Faith A. Bolyard, Executrix of the Last Will and Testament of Frances L. Amos, duly admitted to probate and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 1261, at page 755.
Said real estate is located in Lincoln District; is assessed upon the Land Books of Marion County, West Virginia, in the name of Frances L. Amos; and is part of real estate described as 24.6 Ac Finches Run, Tax Map No. 11, Parcel 13.
Plats of the interests proposed to be taken containing a specific legal description thereof are filed in said civil action, to which plats and descriptions reference is hereby made for all pertinent purposes. A copy of the petition with the plats attached thereto may be obtained from the Office of the Marion County Circuit Clerk.
NOTE: Jimmy Riffle, Sheriff-Treasurer, is named party respondent to these proceedings for tax information purposes only.
Dated this 19th day of May, 2021.
Rhonda Starn
Clerk of the Circuit Court of
Marion County, West Virginia
Times: May 21, 28, 2021