Source: November 10, 2019 Read More →

Circuit Court Case 19-C-13

Legal 3 col x 13-3/4”
0821 0828
IN THE CIRCUIT COURT OF TUCKER COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner, CASE NO.: 19-C-13
PROJECT NO.: X342-H-40.21 04, NHPP-0484(320)
PARCEL NO.: 67
ROBERT N. and DEBORAH W. GUTSHALL;
MEGA ENERGY, INC., a Colorado Corporation;
T &F EXPLORATION, a Pennsylvania Corporation;
LINN ENERGY HOLDINGS, LLC, a Delaware Corporation;
PENNECO OIL CO., a Delaware Corporation;
JP MORGAN CHASE BANK, a New York Corporation;
ALLEGHENY & WESTERN ENERGY CORP., a
West Virginia Corporation, MONONGAHELA POWER COMPANY, an
Ohio Corporation; HAMRICK PUBLIC SERVICE DISTRICT;
GEORGE L. and JACQUELINE M. STEVENS;
MOUNTAINEER GAS CO., a West Virginia Corporation;
PILLAR ENERGY, LLC, a West Virginia Corporation;
and TUCKER 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 the expansion of Corridor H to improve traffic flow and ingress/egress, as part of the Project “Corridor H- US 219 Connector to WV 72 Interchange,” designated as Project No. X342-H-40.21, NHPP-0484(320), the property proposed to be condemned being a part of Parcel No. 67 of the Project, as designated in the set of plans or maps for the project available for review in the DOH offices of District 8 located in Elkins, West Virginia.
The property to be condemned for the purpose aforesaid is more particularly described as follows:
TRACT 1- CONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the western existing right of way line of Tucker County Route 1, said point being in the eastern existing right of way line of WV Route 72 and 816 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 680+13, Project X342-H-40.21 (04), NHPP-0484 (320), Tucker County, West Virginia; thence, northerly, meandering with said WV Route 72 existing right of way line 182 feet, more or less, to a point in the northern proposed controlled access line of proposed U.S. Route 48, said point being 997 feet radially left of baseline at Station 680+23; thence, easterly, with said proposed controlled access line 240 feet, more or less, to a point in the western existing right of way line of Tucker County Route 1, said point being 1,015 feet radially left of baseline at Station 683+84; thence, southwesterly, meandering with said existing right of way line 326 feet, more or less, to the place of beginning and containing 18,528 square feet (0.43 acres), more or less.
TRACT 2- NONCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the eastern existing right of way line of WV Route 72, said point being in the division line between Mark A. Felton and Robert N. Gutshall and Deborah W. Gutshall and 1,295 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 675+ 36, Project X342-H-40.21 (04), NHPP-0484 (320), Tucker County, West Virginia; thence, northeasterly, with said division line 117 feet, more or less, to a point in the northern proposed noncontrolled access right of way line of proposed U.S. Route 48, said point being 1,399 feet radially left of baseline at Station 676+33; thence, southeasterly, with said proposed noncontrolled access right of way line 383 feet, more or less, to a point 1,150 feet radially left of baseline at Station 681 +40; thence, easterly, continuing with said proposed noncontrolled access right of way line 328 feet, more or less, to a point in the western existing right of way line of Tucker County Route 1, said point being 1,13 7 feet radially left of baseline at Station 686+ 70; thence, southwesterly, meandering with said existing right of way line 220 feet, more or less, to a point in the northern proposed controlled access line of proposed U.S. Route 48, said point being 1,015 feet radially left of baseline at Station 683+84; thence, westerly, with said proposed controlled access line 240 feet, more or less, to a point in the eastern existing right of way line of WV Route 72, said point being 997 feet radially left of baseline at Station 680+ 23; thence, northwesterly, meandering with said existing right of way line 448 feet, more or less, to the place of beginning and containing 1.86 acres, more or less.
TRACT 3- TEMPORARY CONSTRUCTION EASEMENT
BEGINNING at a point in the northern proposed noncontrolled access right of way line of proposed U.S. Route 48, said point being in the northern proposed temporary construction easement line of proposed U.S. Route 48 and 1,278 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 679+ 10, Project X342-H-40.21 (04), NHPP-0484 (320), Tucker County, West Virginia; thence, easterly, with said proposed temporary construction easement line 340 feet, more or less, to a point in the northern proposed noncontrolled access right of way line of proposed U.S. Route 48, said point being 1,150 feet radially left of baseline at Station 684+40; thence, westerly, with said proposed noncontrolled access right of way line 185 feet, more or less, to a point 1,150 feet radially left of baseline at Station 681+40; thence, northwesterly, continuing with said proposed noncontrolled access right of way line 187 feet, more or less, to the place of beginning and containing 12,878 square feet, more or less.
The tracts of land hereinabove described are a portion of that same real estate conveyed unto Robert N. Gutshall and Deborah W. Gutshall, husband and wife, as joint tenants with full right of survivorship and not as tenants in common, by the following three deeds:
1) from Edward P. Wood, Sr. (widower), aka Edward P. Wood, by deed dated June 26, 1979, of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 94 at Page 632.
2) from David E. Long and Geraldyne Long, his wife; David E. Long as Attorney in Fact for Joseph F. Long and Margaret S. Long, his wife; Ruth Long, widow; R. Lynn Long and Judith B. Long, his wife; Stephen Long and Shirley Long, his wife, by deed dated December 5, 1986, of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 118 at Page 429, and
3) from David E. Long, by deed dated September 11, 1997, of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 156 at Page 608, there is a deed dated October 21, 1993 reserving a life estate unto Lona K. Long.
The above-named Respondents are hereby notified:
1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Tucker County on July 31, 2019, to take and appropriate the above described property for the purposes aforesaid;
2. 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;
3. that a copy of the Petition may be obtained from the Clerk of the Circuit Court of Tucker 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 October 8, 2019 at 9:00 a.m. before the Honorable Judge Nelson at the Tucker County Courthouse, 211 First Street, Parsons, West Virginia, 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 6th day of August, 2019.
THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
By Counsel,
/s/ Ashley D. 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) 558-9279 Fax: (304) 558-3035
Ashley.D.Wright@wv.gov
Counsel for Petitioner