010101265 October 28, November 4, 11
In the Circuit Court of Monongalia County, West Virginia
Michael E. Sirockman et al.,
Plaintiffs,
v. Civil Action No. 14-C-888
Judge Russell M. Clawges Jr.
Rose Mary Nagy et al.,
Defendants.
Notice of Special Commissioner’s Sale
(Bowen Heirs Interest)
Notice is given that under, in accordance with, pursuant to, and by virtue of the provisions of the order entered by the Circuit Court of Monongalia County, West Virginia ("Court") in the above-styled action on September 7, 2016 ("Order"), that the Court appointed and constituted Daniel A. Oliver, a resident of the State of West Virginia, as a special commissioner of the Court ("Special Commissioner") and, among other things, directed the Special Commissioner to conduct and hold a public auction of an undivided one-fourth (1/4th) interest in, of, and to the property referenced and described below on, under, and subject to the terms and conditions contained and provided for in the Order.
Therefore, take notice that the Special Commissioner will, on November 17, 2016, at 10:30 a.m., offer for public sale at public auction at the front door of the courthouse in Morgantown, Monongalia County, West Virginia, located at 243 High Street, Morgantown, Monongalia County, West Virginia, (1) the undivided one-sixteenth (1/16th) interest of Guy S. Bowen and/or the devisees and/or heirs of Guy S. Bowen and/or the assigns, devisees, heirs, and/or successors of such devisees and/or heirs, (2) the undivided one-sixteenth (1/16th) interest of Mary C. Bowen and/or the devisees and/or heirs of Mary C. Bowen and/or the assigns, devisees, heirs, and/or successors of such devisees and/or heirs, (3) the undivided one-sixteenth (1/16th) interest of William Bowen and/or the devisees and/or heirs of William Bowen and/or the assigns, devisees, heirs, and/or successors of such devisees and/or heirs, and (4) the undivided one-sixteenth (1/16th) interest of Leonard Bowen and/or the devisees and/or heirs of Leonard Bowen and/or the assigns, devisees, heirs, and/or successors of such devisees and/or heirs, in, of, and to those certain lots, parcels, and/or tracts, together with the buildings, structures, fixtures, and other improvements thereon and the appurtenances thereto, located and situate in Clay District, Monongalia County, West Virginia, described as follows ("Property"):
FIRST TRACT: BEGINNING at a stone, corner in land now or formerly of Noah Pyles and Norman Garrison; thence with line of Pyles, S. 7° E. 9 poles to a stone pile; thence S. 8° W. 30 poles to a hickory stump; thence S. 79° W. 54 ½ poles to a stone, corner to land now or formerly of Jane Johnson; thence by land of said Johnson, S. 49° E. 58 ½ poles to a dogwood bush, corner of lands now or formerly of Lewis Hess; thence by lands of said Hess, N. 8° E. 20 poles to a stone; thence S. 60° E. 116 poles to a hickory, corner to lands now or formerly of Lewis Lemley; thence by lands of said Lemley, N. 8° E. 26 poles, corner to lands now or formerly of W. E. Bowen and Pleasy A. Bowen; thence by other lands of said Pleasy A. Bowen and W. E. Bowen, N. 8° E. 118 ½ poles to a gum tree, corner to lands now or formerly of Norman Garrison; thence with land of said Garrison, S. 60° W. 14.6 poles to a poplar; thence S. 71° W. 24 ½ poles to a stake in ridge; and thence S. 86° W. 74 poles to the place of BEGINNING, containing 75 acres, 3 rods and 35 poles, more or less;
and shown on Assessor’s Map 15, Parcel 8
SECOND TRACT: BEGINNING at pointers near a black walnut in a line of land now or formerly of A. Garrison; thence with said Garrison’s land, N. 88 ½° E. 36 poles to a chestnut oak tree, broken off, and corner to land now or formerly of Adam Cunningham; thence by said Cunningham’s land, S. 27 ¼° E. 61 poles to a W.O. (down); thence by said lands S. 77 ½° E. 49 poles to a chestnut oak tree corner to land now or formerly of Elizabeth A. Price; thence with said Price’s land, S. 20 ½° W. 14.2 poles to a W.O. tree; thence by same and lands now or formerly of Lemley Brothers, S. 50½ ° W. 134 poles to a stake, formerly pointers; thence by said Lemleys’ land, S. 31¼ ° W. 10.4 poles to a black oak; thence by same lands, N. 57° W. 31.5 poles to a stake in a stone pile in line of land now or formerly of Pleasy A. Bowen; and thence by said Bowen land, N. 10 ¼ ° E. 161 poles to the BEGINNING, containing 77 acres, more or less.;
and shown on Assessor’s Map 15, Parcel 22
Such undivided interests in, of, and to the Property ("Interests") shall be offered for sale, sold, granted, conveyed, disposed of, and transferred by the Special Commissioner without affirmation, representation, or warranty, express, implied, or otherwise, of any character, kind, manner, or nature, and with no assurances or covenants of warranty as to title.
The Interests shall be offered for sale, sold, granted, conveyed, disposed of, and transferred by the Special Commissioner subject to (a) any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, easements, rights of way, mineral severances, and other encumbrances as have been created with respect to and/or imposed upon the Interests of record, (b) any and all matters which a visual inspection of the Property might reveal and any state of facts which could be ascertained by making an inquiry of parties in possession of the Property, if any, (c) any discrepancies, conflicts in boundary lines, shortage in area, encroachments, or other matters or state of facts which an accurate survey of the Property might reveal, (d) the rights of parties in possession of the Property, if any, (e) all unpaid and outstanding real property taxes with respect to the Property, together with interest, penalties, and redemption fees thereon and/or associated therewith, if any, and (f) the lien(s) securing the real property taxes with respect to the Property for tax year 2017, although not due and payable.
The sale of the Interests shall be expressly subject to confirmation of such sale by the Court and the resulting report of the Special Commissioner.
The Special Commissioner shall have the right to postpone, continue, and/or adjourn the offer for public sale of the Interests by public announcement at the time and place designated for such offer for public sale and/or the posting of notice at the courthouse prior thereto or at any further postponement, continuance, or adjournment thereof and/or the posting of notice at the courthouse prior thereto.
The successful purchaser(s), if any, shall be required to pay to the Special Commissioner (a) Seventy-five Thousand Dollars ($75,000.00) in cash or certified funds immediately following the conclusion of the offer for public sale of the Interests and (b) the balance and remainder of the successful purchase price in cash or certified funds within thirty (30) calendar days of the conclusion of the offer for public sale of the Interests.
The successful purchaser(s), if any, shall be required to execute and deliver a memorandum of sale and purchase at special commissioner’s sale with the Special Commissioner immediately following the conclusion of the offer for sale of the Interests, a proforma version of which shall be available for review and inspection prior to the offer for public sale of the Interests.
The successful purchaser(s), if any, shall be required to pay all excise taxes and recording fees connected and associated with the sale and transfer of the Interests by the Special Commissioner.
The Special Commissioner shall have the right to reject any bid or bids which the Special Commissioner, in his sole and absolute discretion, deems inadequate.
Inquiries should be directed to:
Daniel A. Oliver
211 New Jersey Street
Morgantown, West Virginia 26501
Telephone 304-225-9800
[email protected]
Dated: October 17, 2016
Daniel A. Oliver, in his capacity
as special commissioner