Source: November 10, 2019 Read More →

Circuit Court Case 19-C-14

Legal 3 col x 11-1/2”
0821 0828

IN THE CIRCUIT COURT OF TUCKER COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner, CASE NO.: 19-C-14
PROJECT NO.: X342-H-40.21 04, NHPP-0484(320)
PARCEL NO.: 68
DANIEL E. LIPSCOMB and NICOLE L. PROPST
LIPSCOMB; CITIZENS NATIONAL BANK, a Texas Corporation;
WEST VIRGINIA TAX DEPARTMENT; JAMES LONG
and BARBARA LONG; ALLEGHENY & WESTERN
ENERGY CORPORATION, a West Virginia Corporation;
MEGAENERGY, INC., a Colorado 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. 68 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 division line between Ronald Edward Kimelaskas and Nicole L. Propst Lipscomb and Daniel E. Lipscomb, Jr., said point being in the eastern existing right of way line Tucker County Route 1 and 802 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 680+50, Project X342-H-40.21 (04), NHPP-0484 (320), Tucker County, West Virginia;
thence, northeasterly, meandering with said existing right of way line 360 feet, more or less, to a point in the southern existing right of way line of Tucker County Route 1115 (Bob Smith Road), said point being in the northern proposed controlled access right of way line of proposed U.S. Route 48 and 1,009 feet radially left of baseline at Station 684+69; thence, southeasterly, with said proposed controlled access right of way line 209 feet, more or less, to a point in the division line between Ronald Edward Kimelaskas and Nicole L. Propst Lipscomb and Daniel E. Lipscomb, Jr, said point being 861 feet radially left of baseline at Station 686+82;
thence, southwesterly, with said division line 415 feet, more or less, to a point 644 feet radially left of baseline at Station 682+09;
thence, northwesterly, continuing with said division line 198 feet, more or less, to the place of beginning and containing 1.83 acres, more or less.
TRACT 2 -TEMPORARY CONSTRUCTION EASEMENT
BEGINNING at a point in the northern proposed controlled access right of way line of proposed U.S. Route 48, said point being in the southern existing right of way line of Tucker County Route 1115 (Bob Smith Road) and 1,009 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 684+69, Project X342-H-40.21 (04), NHPP-0484 (320), Tucker County, West Virginia;
thence, easterly, meandering with said existing right of way line 206 feet, more or less, to a point in the northern proposed temporary construction easement line of proposed U.S. Route 48, said point being 923 feet radially left of baseline at Station 687+45; thence, southeasterly, with said proposed temporary construction easement line 41 feet, more or less, to a point in the division line between Ronald Edward Kimelaskas and Nicole L. Propst Lipscomb and Daniel E. Lipscomb, Jr, said point being 882 feet radially left of baseline at Station 687+43;
thence, southwesterly, with said division line 48 feet, more or less, to a point in the northern proposed controlled access right of way line of proposed U.S. Route 48, said point being 861 feet radially left of baseline at Station 686+82;
thence, northwesterly, with said proposed controlled access right of way line 209 feet, more or less, to the place of beginning and containing 8,764 square feet, more or less.
The tracts of land hereinabove described are a portion of that same real estate conveyed unto Nicole L. Propst, unmarried, and Daniel E. Lipscomb, Jr., unmarried, as joint tenants with full right of survivorship and not as tenants in common, from Lona Long by her Attorney-In-Fact, David E. Long, by deed dated October 2, 1998, of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 159 at Page 561.
The said Nicole L. Propst is now known as Nicole L. Prost Lipscomb.
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