Legal Notices

IN THE CIRCUIT COURT OF PUTNAM COUNTY, WEST VIRGINIA CASE NO.: 19-C-27 PROJECT NO.: U340-64-41.37 00; NHPP-064(347) PARCEL NO.: 6, Putnam County THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Petitioner, v. NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia Corporation; APPALACHIAN POWER COMPANY, a Virginia Corporation; the known and unknown heirs at law or devises of ANDERSON DUDDING, AMY DUDDING, LEWIS F. BOWLING, ANNIE M. BOWLING, MOLLIE F. BOWLING, JOHN A. BOWLING and r JAMES S. BOWLING; the unknown entities or persons that entered into fiber optic installation and r maintenance agreements with Consolidated Rail Corporation; and the PUTNAM COUNTY SHERIFF TREASURER, Respondents. ORDER OF PUBLICATION To the Above-Named Respondents and other lawful claimants: The object of the above proceeding is to amend the condemnation of certain property of the Respondents, or in which the Respondents have an interest, for public purposes for a right of way for constructing, widening, straightening, grading, altering and otherwise improving a certain public road in Poca District, Putnam County, West Virginia, known as Project No.: U340-64-41.3700, NHPP-0641 (347), the property proposed to be condemned being a part of Parcel No. 6 of the Project. A set of plans or maps for the project that shows the planned right of way is available for review in the DOH offices of District 1 that is located in Charleston, West Virginia. The property to be condemned for the purpose aforesaid is more particularly described as follows: TRACT 1 – PERMANENT AERIAL EASEMENT BEGINNING at a point in the western existing right of way line of Norfolk Southern Railway Company, said point being in the northern proposed permanent aerial easement line of Interstate 64 (I-64) and 134 feet left of and at right angle to I-64 relocated centerline at Station 672+45 equals 33 feet right of Railroad Valuation Baseline at Station 15507+83, Project U340-64-41.37 00, NHPP-0641(347), Putnam County, West Virginia; thence, southeasterly, with said proposed permanent aerial easement line 67 feet, more or less, to a point in the eastern existing right of way line of Norfolk Southern Railway Company, said point being 133 feet left of and at right angle to I-64 relocated centerline at Station 673+12 equals 33 feet left of Railroad Valuation Baseline at Station 15507+95; thence, southwesterly, with said existing railroad right of way line 31 feet, more or less, to a point in the northern proposed permanent roadway easement line, said point being 102 feet left of and at right angle to I-64 relocated centerline at Station 673+17 equals 33 feet left of Railroad Valuation Baseline at Station 15508+26; thence, northwesterly, with said proposed permanent roadway easement line 18 feet, more or less, to a point 102 feet left of and at right angle to I-64 relocated centerline at Station 672+99 equals 15 feet left of Railroad Valuation Baseline at Station 15508+23; thence, southwesterly, continuing with said proposed permanent roadway easement line 42 feet, more or less, to a point in the northern existing controlled access right of way line and existing permanent aerial easement line of I-64, said point being 60 feet left of and at right angle to I-64 relocated centerline at Station 673+05 equals 15 feet left of Railroad Valuation Baseline at Station 15508+65; thence, northwesterly, with said northern existing controlled access right of way line and existing aerial easement line of I-64, 48 feet, more or less, to a point in the western existing right of way line Norfolk Southern Railway Company, said point being 60 feet left of and at right angle to I-64 relocated centerline at Station 672+57 equals 33 feet right of Railroad Valuation Baseline at Station 15508+58; thence, northeasterly, with said existing railroad right of way line 75 feet, more or less, to the point of beginning and containing 4,140 square feet, more or less. TRACT 2 – PERMANENT ROADWAY EASEMENT BEGINNING at a point in the northern proposed permanent roadway easement line of Interstate 64 (I-64), said point being in the eastern existing right of way line of Norfolk Southern Railway Company and 102 feet left of and at right angle to I-64 relocated centerline at Station 673+17 equals 33 feet left of Railroad Valuation Baseline at Station 15508+26, Project U340-64-41.37 00, NHPP-0641(347), Putnam County, West Virginia; thence, southwesterly, with said existing railroad right of way line 42 feet, more or less, to a point in the northern existing controlled access right of way line and existing permanent aerial easement line of I-64, said point being 60 feet left of and at right angle to I-64 relocated centerline at Station 673+23 equals 33 feet left of Railroad Valuation Baseline at Station 15508+68; thence, northwesterly, with said northern existing controlled access right of way line and existing permanent aerial easement line 18 feet, more or less, to a point in the northern proposed permanent roadway easement line, said point being 60 feet left of and at right angle to I-64 relocated centerline at Station 673+05 equals 15 feet left of Railroad Valuation Baseline at Station 15508+65; thence, northeasterly, with said proposed permanent roadway easement line 42 feet, more or less, to a point 102 feet left of and at right angle to I-64 relocated centerline at Station 672+99 equals 15 feet left of Railroad Valuation Baseline at Station 15508+23; thence, southeasterly, with said northern proposed permanent roadway easement line 18 feet, more or less, to the point of beginning and containing 765 square feet, more or less. The tract of land hereinabove described is a portion of that same real estate conveyed unto Pennsylvania Lines, LLC, a Delaware limited liability company, also known as Norfolk Southern Railway Company, from Consolidated Rail Corporation, a Pennsylvania corporation by Quitclaim deed dated June 1, 1999, of record in the Office of the County Commission of Putnam County, West Virginia, in Deed Book 402 at Page 541.” It appearing that the aforesaid some of the Respondents are unascertainable and r the identity and addresses of certain named respondents are unknown to the Petitioner, the above-named respondents are hereby notified: 1. that the above-styled condemnation proceeding was instituted in this Court on February 1, 2019, to take and appropriate the above-described property for the purposes aforesaid, in which the above-named Respondents may have an interest; 2. That the Petitioner has, on July 13 2022, filed in office of the Putnam County Circuit Clerk, an Amended Petition to modify the Court’s Order of November 27, 2019, Granting Petitioner Defeasible Title to the subject parcel; 3. that you must, within thirty (30) days, serve upon Brian D. Maconaughey, Esq., West Virginia Division of Highways, 1900 Kanawha Boulevard, East, Building 5, Room A-517, Charleston, West Virginia, 25305, your answer to the Amended Petition filed herein; 4. that if you fail to file an answer within thirty (30) days, judgment by default may be taken against you for the relief demanded in the Amended Petition and you will thereafter be barred from asserting in another action any claim you may have which may be asserted by counterclaim in the above-styled civil action; 5. that a copy of the Amended Petition may be obtained from the Clerk of the Circuit Court of Putnam County; 6. that a hearing to determine the right of the Petitioner to take, appropriate, and use the above-described land will be held on August 17, 2022, at 9:30 a.m., before the Honorable Judge Joseph Reeder, at the Putnam County Courthouse, 12093 Winfield Road, Winfield, West Virginia, or as soon thereafter as counsel may be heard; 7. 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 8. 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 14th day of July, 2022. ATTEST: William “JJ” Mullins, Clerk of the Circuit Court of Putnam County, West Virginia Prepared by: Brian D. Maconaughey, WV State Bar No. 7541 West Virginia Division of Highways Legal Division, Room A-517, Building 5 1900 Kanawha Boulevard East Charleston, West Virginia 25305-0430 (304) 414-7159 Fax: (304) 558-3035 [email protected] LC-133195 07-21,28;2022