IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL ACTION NO.: 24-P-67 PROJECT NO. S320-RAN–21.00 PARCEL NO. 14 THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, Petitioner, V. UNKNOWN HEIRS OF ORANNA THOMAS HEDRICK, aka ORANNA NOMAR; UNKNOWN HEIRS OF OVID THOMAS, aka OVID CHARLES THOMAS, aka CHARLES THOMAS; UNKNOWN HEIRS OF OTIS THOMAS, aka OTIS CALVIN THOMAS; MALDEN PUBLIC SERVICE DISTRICT; and KANAWHA COUNTY SHERIFF REASURER; Respondents. ORDER 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 a roadway, designated as Project No. S320-RAN–21. 00, the property proposed to be condemned being a part of Parcel No. 14 of the Project, as designated in the set of plans or maps for the project available for review in the DOH offices of District 1 located in Charleston, West Virginia. The property to be condemned for the purpose aforesaid is situated in Kanawha County, West Virginia, and is described as follows: PARCEL 14: TRACT 1: PERMANENT DRAINAGE EASEMENT BEGINNING at a point in the division line between Barbara Mize and Estate of Orana Thomas, Ovid Thomas and Otis Thomas, et al., said point being in the eastern existing public right of way line of the public alley and 5 feet right of and at right angle to the public alley pipe centerline at Station 108+45, Project S320-RAN–21. 00, Kanawha County, West Virginia; thence, N 08DEGREES 51’55” E, with said existing public right of way line, parallel to centerline, 100 feet, more or less, to a point in the southern existing right of way line of Kenyon Lane, said point being 5 feet right of and at right angle to centerline at Station 109+45; thence, easterly, with said existing right of way line 15 feet, more or less, to a point in the eastern proposed permanent drainage easement line of the public alley, said point being 20 feet right of and at right angle to centerline at Station 109+45; thence, S 08DEGREES 51’55” W, with said proposed permanent drainage easement line, parallel to centerline, 100 feet, more or less, to a point in the division line between Barbara Mize and Estate of Orana Thomas, Ovid Thomas and Otis Thomas, et al., said point being 20 feet right of and at right angle to centerline at Station 108+45; thence, westerly, with said division line 15 feet, more or less, to the place of beginning and containing 1,500 square feet, more or less. PARCEL 14: TRACT 2: TEMPORARY CONSTRUCTION EASEMENT BEGINNING at a point in the southern proposed temporary construction easement line of Kenyon Lane, said point being in the eastern proposed permanent drainage easement line of the public alley and 20 feet right of and at right angle to the public alley pipe centerline at Station 109+38, Project S320-RAN–21. 00, Kanawha County, West Virginia; thence, N 08DEGREES 51’55” E, with said proposed permanent drainage easement line, parallel to centerline, 7 feet, more or less, to a point in the southern existing right of way line of Kenyon Lane and in the southern proposed permanent drainage easement line of Kenyon Lane, said point being 20 feet right of and at right angle to centerline at Station 109+45; thence, easterly, with said existing right of way line and with said proposed drainage easement line 134 feet, more or less, to a point in the western existing right of way line of Kanawha County Route 602/33 (Elaine Drive), said point being 8 feet right of and at right angle to the Kenyon Lane pipe centerline at Station 26+56; thence, southerly, with said existing right of way line 7 feet, more or less, to a point in the southern proposed temporary construction easement line, said point being 14 feet right of and at right angle to the Kenyon Lane pipe centerline at Station 26+56; thence, westerly, with said proposed temporary construction easement line 134 feet, more or less, to the place of beginning and containing 994 square feet, more or less. PARCEL 14: TRACT 3: TEMPORARY STRUCTURE REMOVAL EASEMENT BEGINNING at a point in the eastern proposed temporary structure removal easement line of the public alley, said point being in the eastern proposed permanent drainage easement line of the public alley and 20 feet right of and at right angle to the public alley pipe centerline at Station 108+65, Project S320-RAN–21. 00, Kanawha County, West Virginia; thence, N 08DEGREES 51’55” E, with said proposed permanent drainage easement line, parallel to centerline, 44 feet, more or less, to a point in the proposed temporary structure removal easement line, said point being 20 feet right of and at right angle to centerline at Station 109+09; thence, easterly, with said proposed temporary structure removal easement line 12 feet, more or less, to a point 32 feet right of and at right angle to centerline at Station 109+09; thence, S 08DEGREES 51’55” W, continuing with said proposed temporary structure removal easement line, parallel to centerline, 44 feet, more or less, to a point 32 feet right of and at right angle to centerline at Station 108+65; thence, westerly, continuing with said proposed temporary structure removal easement line 12 feet, more or less, to the place of beginning and containing 524 square feet, more or less. The tracts of land hereinabove described are a portion of that same real estate conveyed unto Orana Thomas, Ovid Thomas, and Otis Thomas, et al., from Helen Thomas, widow, by deed dated March 23, 1963, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1382 at Page 557. The said Helen Thomas reserved a life estate unto herself; Helen Thomas died. The said Orana Thomas died intestate on April 11, 2018. The above-named Respondents are hereby notified: 1. that the above-styled condemnation proceeding was instituted in the Circuit Court of Monongalia County on or about February 16, 2024, to take and appropriate the above-described property for the purposes aforesaid; 2. that you may serve upon Brandon A. Chinn, 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 Kanawha 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 the 11th day of April, 2024 at 2:30 p.m. before the Honorable Judge Hardy of Kanawha County at Kanawha County Circuit Court, 111 Court Street, Charleston, WV 25301, 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 26th day of March, 2024. THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, By Counsel, randon A. Chinn Brandon A. Chinn, WV Bar #14359 West Virginia Department of Transportation Division of Highways, Legal Division, Building 5, Room A-517 1900 Kanawha Boulevard, East Charleston, West Virginia 25305-0430 Counsel for Petitioner 304-558-2823 Fax: 304-558-3035 [email protected] Counsel for Petitioner LC-171167
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