Monongalia

NOTICE

010079708 December 4, 11
NOTICE OF PUBLIC HEARING
West Virginia University Board of Governors on behalf of West Virginia University ("University") will hold a public hearing regarding the sale and conveyance of the University’s interest in the property described herein to West Virginia University Hospitals, Inc., a West Virginia non-profit corporation ("WVUH").

The real property to be sold is all of that certain tract or parcel of real estate, situate, lying and being in the Fifth Ward, City of Morgantown, Monongalia County, West Virginia, and more particularly described as follows:

Beginning at a point, standing as a new corner to West Virginia University Board of Governors (Deed Book 1233 /Page 165), the parent tract of parcel herein described, said point bears N 00° 26′ 38" E 171.00 feet from a 5/8-inch capped iron rod (found), standing as a corner to now or formerly Gateway Village, LLC (Deed Book 1239 /Page 42) and said West Virginia University Board of Governors; thence with new lines of said West Virginia University Board of Governors N 00° 26′ 58" E 203.76 feet to a point; thence N 07° 17′ 34" E 149.74 feet to a point; thence N 27° 31′ 03" E 168.14 feet to a point in the southern line of Roadway A, standing as a new corner to said West Virginia University Board of Governors; thence with the southern line of Roadway A, continuing with said West Virginia University Board of Governors S 60° 16′ 10" E 168.12 feet to a point; thence S 60° 16′ 08" E 156.87 feet to a point; thence with southern line of said Roadway A for a partial line, continuing with new lines of said West Virginia University Board of Governors, a curve turning to the left, having a radius of 1060.00 feet Southeasterly 422.13 feet along said curve through an angle of 22° 49′ 02" to a point, standing as a new corner to said West Virginia University Board of Governors, said curve having a chord bearing and distance of S 71° 40′ 39" E 419.35 feet; thence continuing with new lines of said West Virginia University Board of Governors S 83° 05′ 10" E 449.19 feet to a point; thence S 04° 25′ 10" W 90.65 feet to a point; thence S 35° 45′ 51" W 334.65 feet to a point; thence S 58° 32′ 41" W 316.98 feet to a point; thence N 63° 36′ 12" W 839.02 feet to the place of beginning, containing 13.17 acres, more or less, as surveyed in July and August, 2015, by Cheat Road Engineering, Inc., of Morgantown, West Virginia and shown on a plat of survey entitled "Plat of Survey for WVU Research Park – D Lots," dated August 28, 2015, a copy of which is attached hereto and made part of this description (the "Plat"). The meridian for all bearings in this description is based on "GRID NORTH" of the West Virginia State Plane coordinate system of 1983 (NAD 83).

Being a part of the same tracts or parcels of real estate conveyed unto West Virginia University Board of Governors on behalf of West Virginia University, a statutory corporation, by West Virginia Higher Education Policy Commission, a statutory corporation, by Deed, dated June 2, 2002 and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia in Deed Book 1233, at Page 165. Said tract or parcel of real estate is assessed on the Land Books for the Fifth Ward, City of Morgantown, Monongalia County, West Virginia as part of Tax Map No. 59, Parcel 1.

The University further grants and conveys unto WVUH an appurtenant, non-exclusive, permanent, thirty (30) foot wide right of way or easement for the purpose of (a) vehicular and pedestrian ingress, egress and regress to and from the above-described real estate and Roadway A (as shown on the Plat), (b) installing, constructing, laying, extending, maintaining, operating, inspecting, repairing, removing, replacing, reinstalling, reconstructing, relaying and re-extending Lines and Related Improvements (as defined herein below), and (c) installing, constructing, improving, extending, maintaining, operating, inspecting, repairing, removing, replacing, reinstalling, reconstructing, re-improving, and re-extending Roadbed Improvements (as defined herein below), (the "30′ Easement"), and being more particularly described as follows:

Beginning at a point, standing in the line of a 13.17 acre tract, a part of this survey and a new line of said West Virginia University Board of Governors, said point bears S 27° 31′ 03" W 23.24 feet from a point in the southern line of Roadway A, standing as a corner to said 13.17 acre tract; thence with said 13.17 acre tract and West Virginia University Board of Governors S 27° 31′ 03" W 30.09 feet to a point; thence leaving said 13.17 acre tract and with lines through said West Virginia University Board of Governors N 57° 57′ 29" W 147.63 feet to a point; thence N 67° 07′ 08" W 46.33 feet to a point; thence with a curve turning to the right, having a radius of 35.00 feet Northwesterly 49.94 feet along said curve through an angle of 81° 45′ 29" to a point, said curve having a chord bearing and distance of N 26° 14′ 24" W 45.81 feet; thence N 14° 38′ 21" E 3.27 feet to a point in the southern line of said Roadway A; thence with said Roadway A, continuing with said West Virginia University Board of Governors, a non-tangent curve turning to the right, having a radius of 319.98 feet Southeasterly 30.11 feet along said curve through an angle of 5° 23′ 27" to a point, said curve having a chord bearing and distance of S 79° 56′ 51" E 30.10 feet; thence leaving said Roadway A and with lines through said West Virginia University Board of Governors S 14° 38′ 21" W 5.67 feet to a point; thence with a curve turning to the left, having a radius of 5.00 feet Southeasterly 7.13 feet along said curve through an angle of 81° 45′ 29" to a point, said curve having a chord bearing and distance of S 26° 14′ 24" E 6.54 feet; thence S 67° 07′ 08" E 48.74 feet to a point; thence S 57° 57′ 29" E 147.66 feet to the place of beginning, containing 6,853 square feet or 0.16 acres, more or less, and shown as "Proposed 30-foot Easement for ingress and egress to and from Roadway A" on the Plat.

As used herein, the term "Lines and Related Improvements" shall mean lines, conduits, pipes, mains, laterals, inlets, catch basins, drain ways, gutters, spillways, manholes, wires, and any and all connections, attachments, additions, appurtenances, and instrumentalities thereto, necessary, appropriate, useful, convenient, or incidental to delivering, transmitting, transporting, carrying, controlling, collecting, capturing, securing, channeling, flowing, discharging, draining, retaining, and/or storing utilities, utility services, sewage, surface water, storm water, drainage, and/or runoff, together with the right to install, maintain and replace such directional signage as permitted by applicable governmental regulations in locations, design and size approved by University, which approval shall not be unreasonably withheld.

As used herein, the term "Roadbed Improvements" shall mean fill material, stone, gravel, shale, asphalt, concrete, and similar and like-kind materials, guardrails, striping, and similar and like-kind improvements necessary, appropriate, useful, convenient, and/or incidental to installing, constructing, improving, extending, maintaining, operating, inspecting, repairing, removing, replacing, reinstalling, reconstructing, re-improving, and re-extending roadbeds for pedestrian and vehicular use.

WVUH shall be solely responsible for the maintenance of the 30′ Easement.

The University further grants and conveys unto WVUH a non-exclusive easement or right of way across the private roadways within the West Virginia University Research Park, being more particularly identified on various plats of record in the aforesaid Clerk’s Office, including without limitation the aforesaid Roadway A, for the purpose of vehicular and pedestrian ingress, egress and regress to and from West Virginia Route 705.

The University further grants and conveys unto WVUH a non-exclusive easement or right of way for the purpose of installing, constructing, laying, extending, maintaining, operating, inspecting, repairing, removing, replacing, reinstalling, reconstructing, relaying and re-extending Lines and Related Improvements related to the collection, channeling and discharge of stormwater runoff from the above-described property into the Existing Detention Pond via the Outlet and the Existing Drain, as is more particularly set forth on the Plat.

The public hearing that may be continued or adjourned and at which persons may appear and present their views about this transaction will be conducted on December 18, 2015, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Mountain Room of the WVU Mountainlair, located at 1550 University Avenue, Morgantown, WV.

Information regarding this transaction, including terms of the sale and conveyance, may be inspected at the public hearing or viewed by appointment at West Virginia University, Office of the Vice President for Legal and Governmental Affairs and Entrepreneurial Engagement, 105 Stewart Hall, Morgantown, West Virginia.