Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA EMINENT DOMAIN PROCEEDING CASE NO. 29P – 164 BOARD OF EDUCATION OF THE COUNTY OF KANAWHA, a statutory corporation, Petitioner, vs. CLARA A. DETAMORE; MICHAEL J. RUTHERFORD, SHERIFF OF KANAWHA COUNTY; and the UNKNOWN HEIRS OR BENEFICIARIES OF THE ESTATE OF REUBEN L. JONES, DECEASED, Defendants. APPLICATION BY PETITION OF THE BOARD OF EDUCATION OF THE COUNTY OF KANAWHA, A STATUTORY CORPORATION, UNDER THE LAWS OF WEST VIRGINIA, TO CONDEMN PROPERTY FOR PUBLIC USE TO THE HONORABLE JUDGE OF THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA: Petitioner, Board of Education of the County of Kanawha, a statutory corporation, by counsel, respectfully represents as follows: 1. Your Petitioner, the Board of Education of the County of Kanawha, a statutory corporation, respectfully represents unto your Honor that it is a statutory corporation created by and existing under the laws of the State of West Virginia and that it is vested with certain governmental powers, including the right to institute condemnation proceedings to acquire property and make improvements for school buildings, athletic fields, playgrounds, and other educational purposes, as set forth and provided by the laws of this State. 2. Petitioner further represents and avers that by virtue of the authority vested in it by the laws of said State, and after due consultation and consideration, it is of the opinion and has determined that for the purposes of providing for the building of a new elementary school for the residents of the area of Clendenin, Kanawha County, West Virginia, and deeming the same to be necessary for its purposes, is in the process of the building a new elementary school for the residents of the area of Clendenin, Kanawha County, West Virginia, and that said building will be of benefit to the general public. 3. Your Petitioner further represents that in order to construct, operate and maintain the said school and other works of improvement, it is necessary to acquire rights in and to real property owned by the Defendants, hereinafter fully described, and your Petitioner therefore desires to appropriate the said real property for general educational purposes, all of which is required and necessary for the building of said school and other works of improvement for the education of the residents of the area as aforesaid, in the name of and for the Board of Education of the County of Kanawha, a statutory corporation. 4. Petitioner has caused a reasonably diligent search of the public records in the Kanawha County Clerk’s Office to be made in order to ascertain the parties owning or having an interest in the subject real estate herein, which interests are further described below. 5. Upon information and belief, Clara A. Detamore, is a resident of 221 State Street, North, Rochester, Ohio 44090, and owns an interest in the subject property herein described. 6. Upon information and belief, Reuben L. Jones is deceased, and the Unknown Heirs or Beneficiaries of his Estate own an interest in the subject property herein described. 7. Michael Y. Rutherford is the Sheriff of Kanawha County, West Virginia, and in that capacity is named herein for real estate tax purposes. 8. Your Petitioner further represents that it has been unable to agree with the owner of, and other persons interested in, said real property as to what amount of money shall be paid to Defendants as just compensation for the acquisition of the rights in said real property which is herein proposed to be taken by your Petitioner for the public use and purposes aforesaid. Petitioner therefore institutes this proceeding under the provisions of Chapter 54, Article 2, Section 14(a) and Chapter 10, Article 21A, Section 8(5) of the Official Code of the State of West Virginia of 1931, as amended. 9. The rights and property intended to be taken by the Petitioner in this proceeding is real property. 10. Petitioner represents that the real property that is proposed to be taken in this proceeding for said purposes consists of the following: That certain lot, tract or parcel of land, together with any improvements thereon and appurtenances thereunto belonging, being the residue of Lot No. 1 of the W. P. White Estate located on the waters of Island Branch of Elk River, in Big Sandy District, Kanawha County, West Virginia, and more particularly bounded and described as follows: BEGINNING at a #5 rebar found, marking a common corner to property owned by Richard D. Parker and Karen L. Parker and in the division line of Lot Nos. 1 and 2; thence leaving said division line and with Parker N. 88 16′ W., passing a #5 rebar found at 63.00 feet, in all, 375.53 feet to a 5/8 inch steel pin set in the division line of the herein described tract and Myrtle Taylor property; thence with said Taylor division line N. 31 00′ W. 773.81 feet to a 1-1/2 inch iron pipe found, being a common corner to Lot No. 4; thence with the line of Lot No. 4 N. 60 00′ E. 334.31 feet to a P.K. nail in lead plug set in bed rock of Island Branch, said nail being a common corner to Lot Nos. 1, 3 and 4; thence with line of Lot Nos. 3 and 2 S. 37 36′ E. 324.26 feet to a 5/8 inch steel pin set; thence S. 42 36′ E. 200.20 feet to a P.K. nail set in large rock in Island Branch, said nail being a common corner to property owned by Carrie Chaplin; thence leaving Island Branch and with Chaplin S. 39 32′ W. passing a 1 inch iron pipe found at 11.20 feet, in all 73.08 feet to an axle found; thence continuing with Chaplin S. 42 04′ E. 123.99 feet to an axle found; thence N. 59 36′ E. 75.25 feet to an angle iron found at the westerly side of Island Branch and in the line of Lot No. 2; thence with the line of Lot No. 2 S. 42 36′ E. 45.92 feet to a 5/8 inch steel pin set in Island Branch; thence continuing with the line of Lot No. 2 S. 03 36′ E. 294.00 feet to the place of beginning, containing 7.63 acres, more or less, and being more particularly bounded and described in that certain plat or map entitled, “Map Showing The Residue of Lot No. 1 of the W. P. White Estate Located on the Waters of Island Branch of Elk River, Big Sandy District, Kan. Co., W.Va., Made For Clara Ann Detamore,” dated July 18, 1988, by I.A.N. Garcelon, S.I.T., under the supervision of Donald L. Stalnaker, P. E. #4298, a copy of said map or plat of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2212 at page 479. And being the same property an interest in which was conveyed unto Clara Ann Detamore by deed bearing date the 1st day of October, 1988, by Opal Irene Jones, single, of record in the aforesaid Clerk’s Office in Deed Book 2212 at page 476. 11. Petitioner further represents that the real property proposed to be taken in this proceeding for said purposes is situate and described more particularly in, and that said real property is owned, so far as your Petitioner has been able to ascertain, by the Defendant, Clara Ann Detamore, and is described in paragraph 10 above. 12. Petitioner further represents that, so far as it has been able to ascertain, there are no other liens or encumbrances upon and against said property. 13. Petitioner represents and avers that said property herein sought to be condemned for educational purposes lies wholly within Kanawha County, West Virginia. PRAYER Your Petitioner, therefore, prays that: a) This Court determine the Petitioner has the right to condemn and appropriate for public use the real property heretofore indicated and described; b) This Court permit your Petitioner to deposit or pay into Court to the Clerk of this Court the amount which it has estimated to be the fair market value of the property or estate, right or interest therein, which the Petitioner is seeking to condemn in accordance with the provisions of Chapter 54, Article 2, Section 14(a) and Chapter 19, Article 21A, Section 8(5) of the Official Code of the State of West Virginia of 1931, as amended, and that after such deposit that the Court will permit said property sought to be condemned to be at once entered upon, possessed, appropriated and used by the Petitioner, for the purposes stated in this Petition. c) Commissioners be appointed to ascertain a just compensation to the owners thereof and to other persons (lienors or otherwise) interested therein, for the property herein described and proposed to be taken, appropriated and used for the public purposes and uses aforesaid, as well as damages to the residue, if any, beyond all benefits which will be derived in respect to such residue from work to be constructed upon the property taken; d) Such other and further proceedings as may be had in the premises as shall conform to law, and upon final payment of the just compensation thus ascertained, the real property hereinabove described may be indefeasibly vested in the Petitioner, free and acquit of dower, if any there be, and clear of liens and encumbrances and the interests and claims of persons herein made unknown defendants. e) This Court protect the interests of such persons as may appear to be unknown, infants, incompetents or convicts and determine, set aside and assign such allowance for dower, vested or inchoate as by law shall be required; and f) Petitioner may be granted such other and further relief, both general and special as in the premises shall seem meet and proper to this Honorable Court, your Petitioner will ever pray, etc. BOARD OF EDUCATION OF THE COUNTY OF KANAWHA, a statutory corporation BY COUNSEL Presented By: J. Nicholas Barth WV State Bar #255 BARTH & THOMPSON P. O. Box 129 Charleston, WV 25321 (304)342-7111 LC-93935 06-16,23;2020