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IN THE CIRCUIT COURT OF TUCKER COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner, CASE NO.: 20-C-20
PROJECT NO.: 342-H-40.21 00, NHPP-
0484(320)
PARCEL NO. 51-1
MESSENGER LIMITED PARTNERSHIP,
MAGNUM LAND SERVICES, LLC,
BELMONT RESOURCES, LLC,
EDWARD C. WALKER, an individual,
TERENCE L. GOODELL, an individual,
EDWARD V. THAXTON, an individual,
DAVID R. WHEELER, an individual,
ARTHUR F. PRESTON, an individual,
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. 51-1 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 I – CONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a comer common to Joseph A. Spencer, United States of America, United States of America, and Messenger Limited Partnership, said point being 223 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 589+63, Project X342-H-40.21 (04), NHPP-0484 (320), Tucker County, West Virginia;
thence, northerly, with the division line between United States of America and Messenger Limited Partnership 87 feet, more or less, to a point in the northern proposed controlled access line of proposed U.S. Route 48, said point being 280 feet radially left of baseline at Station 590+31;
thence, easterly, with said proposed controlled access line 49 feet, more or less, to a point in the division line between Joseph A. Spencer and Messenger Limited Partnership, said point being 264 feet radially left of baseline at Station 590+79;
thence, southwesterly, with said division line 120 feet, more or less, to the place of beginning and containing 1,850 square feet (0.04 acres), more or less.
TRACT 2 – NONCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a comer common to United States of America, Karen Marie McCauley and Raymond Andrew McCauley, and Messenger Limited Partnership, said point being 804 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 588+61, Project X342-H-40.21 (04), NHPP-0484 (320), Tucker County, West Virginia;
thence, northerly, with the division line between Karen Marie McCauley and Raymond Andrew McCauley and Messenger Limited Partnership 357 feet, more or less, to a point in the western existing right of way line of County Route 17 (Mount Zion Road), said point being 1,134 feet radially left of baseline at Station 590+ 17;
thence, easterly, meandering with said existing right of way line 248 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 1,096 feet radially left of baseline at Station 593+00;
thence, southerly, with said proposed noncontrolled access right of way line 525 feet, more or less, to a point 600 feet radially left of baseline at Station 591 + 10;
thence, southeasterly, continuing with said proposed noncontrolled access right of way line 310 feet, more or less, to a point in the division line between Joseph A. Spencer and Messenger Limited Partnership, said point being 321 feet radially left of baseline at Station 592+55;
thence, southwesterly, with said division line 178 feet, more or less, to a point in the northern proposed controlled access line of proposed U.S. Route 48, said point being 264 feet radially left of baseline at Station 590+ 79;
thence, westerly, with said proposed controlled access line 49 feet, more or less, to a point in the division line between United States of America and Messenger Limited Partnership, said point being 280 feet radially left of baseline at Station 590+ 31;
thence, northerly, with said division line 164 feet, more or less, to a point 385 feet radially left of baseline at Station 591 +63;
thence, northwesterly, continuing with said division line 501 feet, more or less, to the place of beginning and containing 3.46 acres, more or less.
TRACT 3 – TEMPORARY CONSTRUCTION EASEMENT
BEGINNING at a point in the northern proposed temporary construction easement line of proposed U.S. Route 48, said point being in the northern proposed noncontrolled access right of way line of proposed U.S. Route 48 and 837 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 592+00, Project X3,42-H-40.2 l (04 ), NHPP-0484 (320), Tucker County, West Virginia;
thence, northerly, with said proposed noncontrolled access right of way line 274 feet, more or less, to a point in the western existing right of way line of County Route 17 (Mount Zion Road), said point being 1,096 feet radially left of baseline at Station 593+00;
thence, northeasterly, with said existing right of way line 35 feet, more or less, to a point in the northern proposed temporary construction easement line of proposed U.S. Route 48, said point being 1,092 feet left of and at right angle to baseline at Station 593+ 35;
thence, southeasterly, with said proposed temporary construction easement line 275 feet, more or less, to a point 820 feet left of and at right angle to baseline at Station 593+ 75;
thence, southwesterly, continuing with said proposed temporary construction easement line 168 feet, more or less, to the place of beginning and containing 26,973 square feet, more or less.
The tracts of land hereinabove described are a portion of that same real estate conveyed unto Messenger Limited Partnership, from Stuart B. Martin and Edna R. Martin, his wife, by deed dated May 25, 1995, of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 148 at Page 396.
The above-named Respondents are hereby notified:
1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Tucker County on October 13, 2020, 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 December 15, 2020 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 13th day of October, 2020.
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
[email protected]
Counsel for Petitioner