Legal 6 col x 12-1/2”
0512 0519
IN THE CIRCUIT COURT OF TUCKER COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT OF UPON PROCEEDINGS TO CONDEMN
TRANSPORTATION, DIVISION OF LAND FOR PUBLIC USE.
HIGHWAYS, a State Agency,
Petitioner, PROJECT NO. X342-H-40.21 05;
v. NHPP-0484(322)
NICHOLS FAMILY LIMITED PARCEL 102
PARTNERSHIP, a West Virginia Limited
Partnership; PILLAR ENERGY, LLC, a CIVIL ACTION NO. 21-C-13
West Virginia Limited Liability Company;
GREYLOCK ENERGY, LLC, a Delaware JUDGE: Hon. James W. Courrier, Jr.
Corporation, successor to Energy
Corporation of America, successor to Eastern
American Energy Corporation; JOHN
AND/OR JANE DOE, unknown heirs or
successors in interest to Charles R.
Macomber; W.I. LONG or successors in
interest; LOUISA E. LONG or successors in
interest, and; JACOB KOPEC, Sheriff of
Tucker County, West Virginia.
Defendants.
ORDER OF PUBLICATION
The object of the above entitled action is to condemn certain real estate for public purposes under the provisions of Code 54-2-14a of the Official Code of the State of West Virginia of 1931 as amended, from among those entitled thereto. You, and each of you, are hereby notified that on or about the 5th day of May, 2021, a proper Application in condemnation was filed with the Clerk of the Circuit Court of Tucker County, West Virginia. A copy of said Application may be obtained from the Clerk’s Office.
You are also notified that on the 16th day of July, 2021, at 1:15 o’clock p.m., or at such time thereafter as the case may be heard, the above-styled matter will come on for hearing upon the heretofore filed Motion for Entry of Order of Defeasible Title, before the Honorable James W. Courrier, Jr., Judge of the Circuit Court of Tucker County at the Tucker County Courthouse, 215 First St., Parsons, West Virginia 26287.
You are further notified that on the above-stated date or at such later time to be noticed, further petition will be made upon the said Application by the undersigned on behalf of the Petitioner, the West Virginia Department of Transportation, Division of Highways, a state agency, under the laws of the State of West Virginia, to the Circuit Court of Tucker County, West Virginia, in the courtroom of the Honorable Judge of the Circuit Court to which this action is assigned, at a session of said Circuit Court, or in vacation thereof, to be then held at the Circuit Clerk’s Office at the Courthouse of said County, for:
(1) The appointment of Commissioners, as provided by statute, to ascertain a just compensation for the
appropriated land described or referred to, as well as any damages to the residue of your lands not
condemned, less all benefits that may be derived in respect to such residue from the purpose to which
said land taken is to be appropriated;
(2) The setting of a date for the convening of said Commissioners to view said real estate and to hear the
evidence which may be offered by any party in interest, as provided by law; and
(3) Petition may be made for such further orders and proceedings to be then and there entered and had,
as may be necessary to condemn the easements in, over and through said lands for a right of way for
public road purposes, all of which are more particularly described in said Application.
The lands over, through and from which said rights of way and easements for the public purposes are proposed to be taken in this proceeding shall include the specific rights of way and easements herein sought and shall extend to such width and depth as may be authorized by Chapter 17, Article 2A, Section 17 of the Official Code of West Virginia of 1931, as amended, together with all materials therein, and the same is located in Black Fork District, Tucker County, West Virginia being more particularly bounded and described as follows:
TRACT 1 – CONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the southern proposed controlled access right of way line of proposed U.S. Route 48, said point being in the division line between Marshall F. Bishop and Karen L. Bishop and Nichols Family Limited Partnership and 252 feet right of and at right angle to proposed U.S. Route 48 acquisition baseline at Station 724+98, Project X342-H-40.21 (05), NHPP-0484 (322), Tucker County, West Virginia; thence, northerly, with said division line 640 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 240 feet radially left of baseline at Station 729+05;
thence, northeasterly, with said proposed controlled access right of way line 142 feet, more or less, to a point in the division line between Marshall F. Bishop and Karen L. Bishop and Nichols Family Limited Partnership, said point being 248 feet radially left of baseline at Station 730+40;
thence, northeasterly, with said division line 122 feet, more or less, to a point 224 feet radially left of
baseline at Station 731+55;
thence, northeasterly, continuing with said division line 134 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 271 feet radially left of baseline at Station 732+75;
thence, northeasterly, with said proposed controlled access right of way line 508 feet, more or less, to a point 350 feet radially left of baseline at Station 737+50;
thence, easterly, continuing with said proposed controlled access right of way line 385 feet, more or less, to a point 205 feet radially left of baseline at Station 740+90;
thence, northeasterly, continuing with said proposed controlled access right of way line 432 feet, more or less, to a point 290 feet radially left of baseline at Station 744+95;
thence, easterly, continuing with said proposed controlled access right of way line 471 feet, more or less, to a point 220 feet radially left of baseline at Station 749+40;
thence, northeasterly, continuing with said proposed controlled access right of way line 580 feet, more or less, to a point 495 feet radially left of baseline at Station 754+20;
thence, easterly, continuing with said proposed controlled access right of way line 86 feet, more or less, to a point in the division line between Allegheny Forestlands, LLC and Nichols Family Limited Partnership, said point being 485 feet radially left of baseline at Station 754+96;
thence, southerly, with said division line 804 feet, more or less, to a point in the southern proposed controlled access right of way line of proposed U.S. Route 48, said point being 311 feet radially right of baseline at Station 753+79;
thence, westerly, with said proposed controlled access right of way line 489 feet, more or less, to a point 213 feet radially right of baseline at Station 748+76;
thence, southwesterly, continuing with said proposed controlled access right of way line 920 feet, more or less, to a point 430 feet radially right of baseline at Station 739+25;
thence, westerly, continuing with said proposed controlled access right of way line 440 feet, more or less, to a point 210 feet radially right of baseline at Station 735+20;
thence, southerly, continuing with said proposed controlled access right of way line 600 feet, more or less, to a point 485 feet radially right of baseline at Station 729+50;
thence, westerly, continuing with said proposed controlled access right of way line 500 feet, more or less, to the place of beginning and containing 38.66 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 northern proposed temporary construction easement line of proposed U.S. Route 48 and 323 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 736+15, Project X342-H-40.21 (05), NHPP-0484 (322), Tucker County, West Virginia;
thence, northeasterly, with said proposed temporary construction easement line 206 feet, more or less, to a point 420 feet radially left of baseline at Station 737+85;
thence, easterly, continuing with said proposed temporary construction easement line 114 feet, more or less, to a point 345 feet radially left of baseline at Station 738+65;
thence, southerly, continuing with said proposed temporary construction easement line 44 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 307 feet radially left of baseline at Station 738+45;
thence, westerly, with said proposed controlled access right of way line 110 feet, more or less, to a point 350 feet radially left of baseline at Station 737+50;
thence, southwesterly, continuing with said proposed controlled access right of way line 146 feet, more or less, to the place of beginning and containing 11,234 square feet, more or less.
TRACT 3 – 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 northern proposed temporary construction easement line of proposed U.S. Route 48 and 264 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 743+85, Project X342-H-40.21 (05), NHPP-0484 (322), Tucker County, West Virginia;
thence, northwesterly, with said proposed temporary construction easement line 111 feet, more or less, to a point 375 feet radially left of baseline at Station 743+85;
thence, northeasterly, continuing with said proposed temporary construction easement line 134 feet, more or less, to a point 455 feet radially left of baseline at Station 744+85;
thence, easterly, continuing with said proposed temporary construction easement line 110 feet, more or less, to a point 435 feet radially left of baseline at Station 745+85;
thence, southeasterly, continuing with said proposed temporary construction easement line 78 feet, more or less, to a point 370 feet radially left of baseline at Station 746+25;
thence, southeasterly, continuing with said proposed temporary construction easement line 105 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 265 feet radially left of baseline at Station 746+25;
thence, westerly, with said proposed controlled access right of way line 139 feet, more or less, to a point 290 feet radially left of baseline at Station 744+95;
thence, southwesterly, continuing with said proposed controlled access right of way line 119 feet, more or less, to the place of beginning and containing 37,833 square feet, more or less.
TRACT 4 – 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 northern proposed temporary construction easement line of proposed U.S. Route 48 and 378 feet radially left of proposed U.S. Route 48 acquisition baseline at Station 752+30, Project X342-H-40.21 (05), NHPP-0484 (322), Tucker County, West Virginia;
thence, northerly, with said proposed temporary construction easement line 157 feet, more or less, to a point 515 feet radially left of baseline at Station 753+00;
thence, northeasterly, continuing with said proposed temporary construction easement line 259 feet, more or less, to a point in the division line between Allegheny Forestlands, LLC and Nichols Family Limited Partnership, said point being 618 feet radially left of baseline at Station 755+12;
thence, southerly, with said division line 135 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 485 feet radially left of baseline at Station 754+96;
thence, westerly, with said proposed controlled access right of way line 86 feet, more or less, to a point 495 feet radially left of baseline at Station 754+20;
thence, southwesterly, continuing with said proposed controlled access right of way line 236 feet, more or less, to the place of beginning and containing 24,568 square feet, more or less.
The tracts of land hereinabove described are a portion of that same real estate conveyed unto Nichols Family Limited Partnership, from J. Pat. Nichols and Martha G. Nichols, husband and wife, by deed dated August 23, 2001, of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 169 at Page 177.
Certain persons appear of record as lienors, encumbrancers or claimants of said lands as follows:
(A) The Sheriff of Tucker County is made a party hereto for any taxes that may be due or owing.
(B) Pillar Energy, LLC is made a party hereto by virtue of that Pipeline Right of Way Agreement dated July 17, 2002, recorded in the aforesaid clerk’s office in Right of Way Book 15, at page 251, from Nichols Family Limited Partnership to MegaEnergy, Inc. Upon information and belief, this right of way was subsequently included on Exhibit A, Part 3, of an Assignment and Bill of Sale dated January 19, 2017, recorded in the aforesaid clerk’s office in Assignment Book 13, at page 339, from Gastar Exploration, Inc., a Delaware corporation, to Pillar Energy, LLC, a West Virginia Limited Liability Company.
(C) Greylock Energy, LLC, successor to Energy Corporation of America, successor to Eastern American Energy Corporation, is made a party hereto by virtue of that Right of Way dated July 5, 1911, recorded in the aforesaid clerk’s office in Deed Book 33, at page 126, from J. W. Pifer and Carrie Pifer to West Virginia & Maryland Gas Co., its successors or assigns, for a pipeline for the transportation of gas and to construct telephone and telegraph lines. Then by Bill of Sale and Assignment dated August 26, 2004, and effective August 1, 2004, recorded in the aforesaid clerk’s office in Assignment Book 9, at page 527, Columbia Gas Transmission Corporation, a Delaware corporation, Seller, conveyed and assigned to Eastern American Energy Corporation, a West Virginia corporation, certain natural gas pipelines and facilities referred to as the 8000 System as set forth on Exhibit A attached to the document. The right of way recorded in Deed Book 33, at page 126, is included in said Exhibit A.
(D) John and/or Jane Doe, unknown heirs or successors in interest to Charles R. Macomber is made a party hereto to the extent any such person holding an interest by virtue of the reservations herein described desires to assert an interest in said take. Said interest is set forth by deed dated December 1, 1875, recorded in the aforesaid clerk’s office in Deed Book 3, at page 468, wherein Charles R. Macomber and Caroline Macomber, his wife, conveyed a parcel of land containing 160 acres, to Susan M. Daniels. The deed contains the following reservation: “Macomber reserves for his own use and benefit all the white pine, white oak, poplar and spruce or hemlock, down to 14 inches across the stump and any now standing or cut, upon the said tract of land with the privilege of removing the same at his own time or pleasure, excepting as to the pine, poplar and spruce, which are to be removed from such lots or localities as the said Daniels may from time to time clear or improve; the said Macomber reserving at all times and places the right of way for such removal, and also reserves all minerals (should there hereafter prove to be any such) found upon such land.”
(E) W.I. Long and Louisa E. Long or their successors in interest are made parties hereto to the extent any such person holding an interest by virtue of the reservations herein described desires to assert an interest in said take. Said interest is set forth by virtue of that deed dated May 14, 1947, recorded in the aforesaid clerk’s office in Deed Book 59, at page 111, where W I. Long and Louisa E. Long conveyed his one-half interest in the 10-acre parcel of land to D. Bonnie Benjamin, reserving a road right of way extending along and approximately with the northern boundary of the land, but with the right being granted to the party of the second part to change the location of the road, provided such new location shall afford the parties of the first part a reasonably convenient outlet to the public road.
It appearing, by affidavit filed in this action, that the identity and whereabouts of heirs or successors in interest to Charles R. Macomber relative to his reservations as set forth above and the whereabouts of W.I. Long and Louisa E. Long or identity and whereabouts of their successors in interest relative to that road right of way as set forth above are not known to the Petitioner. It is therefore Ordered that any such individual wishing to assert a claim relative to the interests identified above do appear and serve upon Charles Houdyschell Jr., Petitioner’s Attorney, whose address is P.O. Box 880, Huntington, WV 25712, an answer or other defense to the Application filed in this action on or before June 22, 2021, otherwise judgment by default will be taken against them at any time thereafter.
A copy of said Petition/Application can be obtained from the undersigned Clerk at her office located at 215 First St., Parsons, West Virginia 26287.
Entered this 5th day of May, 2021.
____________________________
Sharon Moats, Clerk/Deputy