Monongalia

NOTICE

010067026 June 24; July 1
TRUSTEE’S SALE OF VALUABLE REAL ESTATE

The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated July 19, 2007, and duly recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Document No. 250525, in Book No. 1574, at Page 234, Barbara A. Freda and Fiore A. Freda and Thomas J. Freda and Brian A. Freda did convey unto Vance Golden, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated September 8, 2014 and recorded in the aforesaid Clerk’s office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by FEDERAL NATIONAL MORTGAGE ASSOCIATION to foreclose thereunder, will offer for sale at public auction at the front door of the Monongalia County Courthouse in Morgantown, West Virginia, on

July 10, 2015 at 9:30 AM

the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Star City District, Monongalia County, West Virginia, and more particularly described as follows:

ALL OF THE FOLLOWING DESCRIBED REAL PROPERTY AND RIGHTS AND INTERESTS AS HEREINAFTER SET FORTH, SITUATE, LYING AND BEING IN STAR CITY, MONONGALIA COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

UNIVERSITY COMMONS RIVERSIDE: UNIT NO. A (6101), BUILDING 2B:

ALL OF UNIT NO. A (6101), BUILDING 2B OF UNIVERSITY COMMONS RIVERSIDE, AS THE SAME IS SHOWN, ILLUSTRATED, AND DESIGNATED UPON THAT PLAT OF SAID CONDOMINIUM, PREPARED BY RONALD A. TALKINGTON, PS NO. 876, TRIAD ENGINEERING, INC., DATED JUNE 26, 2006 AND JULY 17, 2006, OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MONONGALIA COUNTY, WEST VIRGINIA, IN MAP CABINET D, ENVELOPES 69B, 70A, 70B, 71A, 71B, 72A, 72B, AND 73A, AND AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN SAID CLERK’S OFFICE IN DEED BOOK 1322, AT PAGE 648, TOGETHER WITH ALL APPURTENANCES THEREUNTO BELONGING, INCLUDING AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF THE CONDOMINIUM, EQUAL TO A PERCENTAGE CALCULATED AS THE SQUARE FOOTAGE OF THE ABOVE CONVEYED CONDOMINIUM UNIT DIVIDED BY THE TOTAL SQUARE FOOTAGE OF ALL CONDOMINIUM UNITS MULTIPLIED BY 100, AS SET FORTH IN THE SAID DECLARATION OF THE CONDOMINIUM.

BEING THE SAME REAL ESTATE CONVEYED TO FIORE A. FREDA AND BARBARA A. FREDA, HUSBAND AND WIFE, AND THOMAS J. FREDA AND BRIAN A. FREDA BY UNIVERSITY COMMONS MORGANTOWN, LLC, A VIRGINIA LIABILITY COMPANY, BY DEED DATED JUNE 29, 2007, TO BE RECORDED PRIOR TO THE RECORDING OF THIS DEED OF TRUST.

THIS CONVEYANCE IS MADE SUBJECT TO ALL EXCEPTIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, RIGHTS OF WAY, COVENANTS AND CONDITIONS CONTAINED IN OR REFERRED TO IN GRANTORS’ CHAIN OF TITLE.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 6101 University Commons Dr, Star City, WV 26505.

The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.

The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

TERMS: $9,000.00 in cash and/or certified funds as deposit with the balance due and payable within 30 days of the day of sale.

FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.

Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.

SENECA TRUSTEES, INC.
5000 Coombs Farm Drive, Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 21860

Mercer

NOTICE

PUBLIC HEARING MEETING: THURSDAY, JULY 9, 2015 4:30 p.m. NOTICE OF HEARING ZONING BOARD OF ADJUSTMENT Notice is hereby given that the following has been appealed from the action of the City Manager in refusing to grant the following zoning permits: ITEM 1: Application # 10,229 by APAX Properties, LLC for a permit to erect four (4) townhouses on lot. (Zoning: R-1) Building to be used for townhouses on my property located at the corner of Locust Grove Road and Gateway Drive, between Locust Grove Road, Gateway Drive and Grassy Branch, Lot No. W 1/2 144, Section No. 145 Cumberland Heights or County Map 46, Parcel No. 104. REASON FOR REFUSAL: Section 44-88 Lands, usable open space; parking. (a) Front yard. For every lot in a residential district abutting on a street, front yards of the following depth shall be provided: ResidenceDistrict Minimum Depth R-1 40 feet Section 44-239. Criteria. (c) Residential planned unit developments. (1) Dwelling unit density. Dwelling unit density per gross site acre shall not exceed the value set forth in the following table provided that where major recreational amenities, such as swimming pools or tennis courts are provided, an increase of two dwelling units per acre may be allowed. In districts in which commercial or industrial uses are permitted in a planned unit development, the land area occupied by such uses shall not be included in the land area used to calculate the permitted number of dwelling units. MAXIMUM DWELLING UNIT DENSITY District Dwelling Units Per Gross Site Acre R-1 4 APPENDIX B TO CHAPTER 44* Front Yard and Setback Lines. (1) In any residence district, where forty (40) percent or more of the property fronting upon one side of a street between two (2) intersecting streets, and located in such district, has been improved with buildings at the time of the passage of this zoning ordinance and a front yard of greater depth than the minimum, or of less depth than the minimum, required by the scheduled of area regulations has been provided for the majority of such buildings, such minimum shall not control; however, no building or structure hereafter erected or altered in such residence district shall be placed nearer to the street line than the average depth of front yard established by such majority, except that the minimum depth of front yard for a dwelling on a lot between two (2) adjoining lots, on each of which a building exists at the time of the passage of this zoning law (on December 13, 1938), shall be the average of the depths of front yards observed by such buildings, or where dwellings do not front upon a street, the minimum depth of the front yard shall be as required by the schedules of are regulations. (2) For a corner lot in a residential district, the minimum depth of yard along either frontage shall be the depth of yard which is required along the same street for the next adjacent lot unless separated there from by an intersecting street; provided, nothing in this requirement shall be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this zoning ordinance to less than two-thirds of the total width of the lot or to less than twenty-six (26) feet in a residence district. (Code 1974, ch.23, app. B; Ord. No. 79-9, 11-13-1979) ITEM 2: Application # 10,228 by First Christian Church for a permit to erect a three (3) crosses at the back of First Christian Church- being approximately 12 foot high and 14 foot high with cross being approximately 6 foot wide. Structure to be used for crosses on property located at 2200 Bland Road, between Lake Street, Bland Road and Powhatan Avenue, Lot No. 2.87 acres, Section No. Bland Road or County Map 33, Parcel No. 273. (Zoning: R-1) REASON FOR REFUSAL: Sec. 44 – 299. Residential districts. The following types of signs and no others shall be permitted in a residential district: (2) One identification sign each for schools, churches, hospitals, or similar institutions provided that the area on any one side of any such sign shall not exceed 24 square feet. Sec. 44 -300. Business and industrial districts. (a) On-site signs. On-site sign in business and industrial districts shall be subject to the following regulations: (3) Ground signs. The maximum height of a ground sign shall be eight feet. A public hearing will be held in the Board of Directors Room, the New Municipal Complex at 200 Rogers Street, Bluefield, West Virginia on Thursday, July 9, 2015 at 4:30 pm. If you have questions, you may contact me at 304-327-2443. If you wish to either support or file an objection to the application, you may do so in writing prior to the public hearing or you may appear at the meeting. Bobbi Kersey, City Clerk