Marion

NOTICE OF CONDEMNATION 21-C-59

IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA
WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION, DIVISION OF
HIGHWAYS, FORMERLY WEST
VIRGINIA DEPARTMENT OF
HIGHWAYS, A CORPORATION,
PETITIONER,
VS.
ALANA JEAN HESTON; MONONGAHELA POWER
COMPANY, d/b/a MON POWER, a Ohio
corporation; EQUITABLE RESOURCES, INC.
Formerly EQUITABLE GAS COMPANY,
a Pennsylvania corporation; SANITARY
SEWER BOARD OF THE CITY
OF FAIRMONT, a municipal corporation; and,
JIMMY RIFFLE,
Sheriff-Treasurer, RESPONDENTS.
UPON PROCEEDINGS TO CONDEMN
LAND FOR PUBLIC USE
PROJECT: U32S-79-131.72 00;
NHPP-079 3 (274)D
PARCEL NO.: 14
CASE NO.; CC-24-2021-C-59
NOTICE OF CONDEMNATION
TO ALL PERSONS KNOWN OR UNKNOWN WHO HAVE OR MAY HAVE AN INTEREST IN OR A CLAIM TO REAL ESTATE SITUATE IN GRANT DISTRICT, MARION COUNTY, WEST VIRGINIA, AS HEREINAFTER SPECIFICALLY DESCRIBED.
The object of this action is to appropriate the real estate hereafter described for public road purposes to ascertain just compensation to the owners thereof and other persons interested therein for an easement in, over, and through said lands, and damages, if any, to the residue of said lands, not taken, and for such further proceedings under Chapter 54, Article 2, Section 14a of the Code of West Virginia, as amended.
You are notified that on the June 17, 2021 at 1:00 p.m. or as soon thereafter as the matter can be heard, in Judge David R. Janes’ Courtroom, Marion County Courthouse, Fairmont, West Virginia, the petitioner will appear and present the petition herein and ask the Court for the right to enter and take possession of said lands and for such other relief as may be appropriate, at which ‘time and place you may appear and protect your interests.
The lands to be condemned are situate in Grant District, Marion County, West Virginia. A plat of the parcel containing a specific legal description is filed in said civil action, and in the office of the Clerk of the County Commission of Marion County, West Virginia, to which plat reference is hereby made for all pertinent purposes.
A copy of the petition (with the plat attached thereto) can be obtained from the Clerk of the said Court. The land is more particularly described in Exhibit A attached hereto and made a part hereof.
NOTE: JIMMY RIFFLE, SHERIFF-TREASURER, named party respondent for real estate tax information purposes only .
At which time and place you may attend and protect your interest if you are so advised.
Dated this 3rd day of May 2021.
WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION, A CORPORATION,
PETITIONER, BY COUNSEL
Neal Jay Hamilton, Esquire
902 Locust Avenue, Suite #3
P. O. Box 509
Fairmont, WV 26555-0509
1-304-366-0573
Counsel for Petitioner
EXHIBIT A
DESCRIPTION OF PROPERTY AFFECTED
TEMPORARY CONSTRUCTION EASEMENT
BEGINNING at a point in the northern existing right of way line of Marion County Route 60, said point being ill the division line between Thomas L. Moore and Veda L. Moore and Alana J. Pender Heston and 133 feet right of and at right angle to 1-79 centerline at Station 294+70, Project U325-79-131. 72 00, NHPP-0793(274)D, Marion County, West Virginia;
thence, northeasterly, with said division line 60 feet, more or less, to a point in the southern existing right of way line of 1-79, said point being 136 feet right of and at right angle to centerline at Station 295+30;
thence, southeasterly, meandering with said existing right of way line 66 feet, more or less, to a point in the division line between Thomas L. Moore and Veda L. Moore and Alana J, Pender Heston, said point being 136 feet right of and at right angle to centerline at Station 295+47;
thence, northeasterly, with said division line 118 feel, more or less, to a point in the western bank of the Tygart Valley River, said point being 142 feet light of and at right angle to centerline at Station 296+65;
thence, southeasterly, meandering with said bank of the Tygart Valley River 98 feet, more or less, to a point in the southern proposed temporary construction easement line of 1-79, said point being 240 feet right of and at right angle to centerline at Station 296+62;
thence, southwesterly, with said proposed temporary construction casement line 190 feet, more or less, to a point in the northern existing right of way line of Marion County Route 60, said point being 230 feet right of and at right angle to centerline at Station 294+73;
thence, northwesterly, meandering with said existing right of way line 97 feet, more or less, to the place of beginning and containing 18,505 square feet, more or less.
The tract of land hereinabove described is a portion of that same real estate conveyed unto Alana J. Pender Heston, from D. Vaughan Pender and Mary Pender, his wife, by deed dated June 17, 1998, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1034 at Page 145. Mary Pender reserved a life estate unto herself. The said Mary Pender died January 22, 2010.
Times: May 7, 14, 2021