Petition

IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA
XTO ENERGY INC.,
Petitioner,
v.
CIVIL ACTION NO.
15-C-46
JUDGE ALOI
SHELIA ANN JORDAN
and RICKY JORDAN,
PAUL CLARK
HAWKINS, and their
UNKNOWN HEIRS AND
BENEFICIARIES,
Respondents.
NOTICE IS HEREBY GIVEN, in accordance with W.Va. Code § 55-12A-5(c), that an action has been instituted in the Circuit Court of Marion County, West Virginia, bearing Civil Action No. 15-C-46 upon the Petition of XTO Energy Inc. to appoint a Special Commissioner pursuant to W.Va. Code § 55-12A-4 for the purpose of authorizing and delivering a lease of the oil and gas interest owned by Respondents Shelia Ann Jordan, Ricky Jordan and Paul Clark Hawkins, and their unknown heirs and beneficiaries, whose heirs and beneficiary’s last known address is unknown.
The property subject to the Petition is situated in Lincoln District, Marion County, West Virginia, described as follows:
Leasehold 05-27
11.049 acres of land, more or less, being a portion of Tax Parcel ID Nos. 11-28-14 and 11-28-15, and being a portion of a tract of land described by metes and bounds in a Deed dated August 12, 1980, recorded in Book 829, Page 302 in the Office of the Clerk of the County Commission of Marion County, West Virginia from Libero Lazzaris, an unremarried widower, to Arley G. Eagle and Myrtle Eagle, husband and wife; and being a portion of a tract of land described by metes and bounds in a Deed dated October 2, 1996, recorded in Book 936, Page 467 in the Office of the Clerk of the County Commission of Marion County, West Virginia from Nellie Livengood, widow, et al. to Richard A. Ice and Mary A. Ice; Insofar and only insofar as it lies within the 43 acres and 50 poles conveyed to Henderson T. Robey from Mary Sturm and Augustine Sturm, her husband, by Deed dated February 7, 1903 recorded in Book 121, Page 440 in the Office of the Clerk of the County Commission of Marion County, West Virginia.
Leasehold 05-28
1.586 acres of land, more or less, part of Tax Parcel ID No. 11-28-16.1, being a portion of the same 21.25 acre tract described in a Deed dated December 30, 2010, recorded in Book 1074, Page 222 and Instrument No. 20100018496 in the Office of the Clerk of the County Commission of Marion County, West Virginia from James F. Harbert, by his Attorney-in-Fact, Dorothy L. Harbert, and Dorothy L. Harbert, formerly Dorothy Harbert, husband and wife, to Timothy Brandon Gooch; insofar and only insofar as it lies within the 46 acre and 130 pole tract of land conveyed by a Deed dated May 3, 1902, recorded in Book 115, Page 437 in the Office of the Clerk of the County Commission of Marion County, West Virginia from Jane Downs and Robert Downs, her husband, to Henderson Robey.
Leasehold 05-30
2.035 acres of land, more or less, being Tax Parcel ID No. 11-28-13 said being the 0.25 acre tract of land described as First Parcel in a Deed dated August 12, 1980, recorded in Book 829, Page 302 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Libero Lazzaris, an unremarried widower to Arley G. Eagle and Myrtle Eagle, husband and wife; and part of Tax Parcel ID No. 11-28-14, being a portion of a tract of land described as Second Parcel in said Deed.
Leasehold 05-41
21.613 acres of land, more or less, comprised of the following twenty (20) contiguous tracts:
Tract 1
19.863 acres of land, more or less, in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. not provided, said being a portion of the land described as 76.9411 acres, more or less, in a Deed dated July 1, 1947, recorded in Book 401, Page 177 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Augusta Corporation to Paul L. Neville and Ernest Hilleary, LESS AND EXCEPT Tracts 6-20.
Tract 2
0.5 acre of land, more or less, in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-28-0020, said being the same land described in a Deed of Foreclosure dated September 9, 2011, recorded in Book 1097, Page 579 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Seneca Trustees, Inc., Substitute Trustee, to Federal Home Loan Mortgage Corporation, being conveyed as Parcel 4 therein.
Tract 3
0.5 acre of land, more or less, in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-28-0018-0001, said being the same land described in a Deed dated March 22, 2002, recorded in Book 975, Page 328 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Steve Raddish and Marilyn Byard Raddish, husband and wife, to Rondell Mark Raddish.
Tract 4
0.25 acre of land, more or less, in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. not provided, said being the same land described in a Deed dated January 18, 1963, recorded in Book 654, Page 561 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from George Kincaid, Jr. and Wilma L. Kincaid, husband and wife, to Trustees of Four States Tabernacle.
Tract 5
0.5 acre of land, more or less, in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-28-0022, said being the same land described in a Deed dated may 16, 2003, recorded in Book 984, Page 427 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Richard O. Stalnaker and Rose E. Stalnaker, husband and wife, to Kylie Dawn Jones, being conveyed as First and Second Parcels therein.
Tract 6
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID Nos. 11-56-0026 and 11-56-0024, said being a portion of the land described in a Deed dated September 19, 1967, recorded in Book 725, Page 254 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Survine Randolph and Naanan Randolph, her husband, to William Hammond, being the portion of said land located within the Subject Land.
Tract 7
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0021, said being a portion of the land described in a Deed dated August 20, 1974, recorded in Book 781, Page 172 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Frenia Bice, widow, to Betty Darlene Jones and Melinda Jean Jones, as joint tenants with the right of survivorship, being the portion of said land located within the Subject Land.
Tract 8
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0020, said being a portion of the land described in a Deed dated June 17, 1974, recorded in Book 779, Page 360 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Frenia Bice, widow to Edward David Jones and Betty Darlene Jones, brother and sister respectively (grandchildren of first part), being the portion of said land located within the Subject Land.
Tract 9
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0019, said being the same land described in a Tax Deed dated May 1, 2000, recorded in Book 961, Page 603 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from David A. Glance, Deputy Commissioner of Delinquent and Nonentered Lands of Marion County, West Virginia, to John R. Watson, Jr.
Tract 10
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0027, said being a portion of the land described in a Deed dated September 19, 1967, recorded in Book 783, Page 666 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Survine Randolph and Naanan Randolph, her husband, to George Jacobs and Hazel Jacobs, husband and wife, as joint tenants with right of survivorship, being the portion of said land located within the Subject Land.
Tract 11
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0018, said being the same land described in a Quitclaim Deed dated April 6, 2009, recorded in Book 1047 , page 294 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Janice Cosco, Clerk of the County Commission of Marion County, West Virginia, to Columba Nwoko.
Tract 12
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0017, said being the same land described in a Deed dated October 30, 1946, recorded in Book 434, Page 243 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Augusta Corporation to Anton Petrovich, Anton Filiprovich, and Alex Buckavich.
Tract 13
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0002, said being the same land described in a Deed dated May 1, 2009, recorded in Book 1049, Page 65 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Sherry K. Bubnowski to Howard J. Shuttlesworth, Jr. and Pamela Sue Shuttlesworth, husband and wife.
Tract 14
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0001, said being the same land described in a Deed dated August 22, 1991, recorded in Book 898, Page 415 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from George J. Anderson, Sr. and Hattie Emma Anderson, husband and wife, to Larry Anderson and Patricia Anderson, husband and wife, as joint tenants with rights of survivorship.
Tract 15
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID Nos. 11-56-0003, 11-56-0004, and 11-56-0013, said being the same lands described in the following instruments:
• Deed dated August 9, 1993, recorded in Book 912, Page 135 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Sherry K. Bubnowski, single , to Howard Shuttlesworth and Opal Shuttlesworth, husband and wife, as joint tenants with right of survivorship;
• Deed dated March 15, 1984, recorded in Book 852, Page 233 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from James A. Martin and Madaline A. Martin, husband and wife, to Howard Shuttlesworth and Opal Shuttlesworth, husband and wife, as joint tenants with right of survivorship; and
• Deed dated April 14, 1961, recorded in Book 644, Page 165 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Harry Ramsey and Dorothy Ramsey, his wife, to Howard J. Shuttlesworth, LESS AND EXCEPT the land described in a Deed dated April 6, 2000, recorded in Book 961, Page 543 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Howard J. Shuttlesworth and Opal Shuttlesworth, his wife, to Howard J. Shuttlesworth, Jr. and Pamela Sue Shuttlesworth, husband and wife.
Tract 16
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID Nos. 11-56-0005, 11-56-0006, 11-56-0007, 11-56-0008, and 11-56-0012, said being the same land described in a Deed dated November 22, 1996, recorded in Book 936, Page 856 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Dorothy Ramsey, widow and unremarried, to Harry Thomas Ramsey, being conveyed as First, Second, Third, Fourth and Sixth Parcels therein.
Tract 17
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. not provided, said being the same land described in a Deed dated November 1, 1948, recorded in Book 469, Page 508 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Paul L. Neville and Josephine D. Neville, his wife, and Ernest Hilleary and Anna M. Hilleary, his wife, to Porter Mitchell and Lillie Mitchell, his wife.
Tract 18
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0010, said being the same land described in a Deed dated March 23, 1977, recorded in Book 801, Page 811 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Anthony Raddish and Alice Virginia Raddish, his wife, to Harry Ramsey and Dorothy Ramsey, his wife, as joint tenants with right of survivorship.
Tract 19
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID No. 11-56-0011, said being the same land described in a Deed May 24, 1982 recorded in Book 840, Page 927 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from John E. Canjar and Mary A. Canjar, his wife, to Harry Thomas Ramsey or [sic] Mary Cris Ramsey, his wife, as joint tenants with right of survivorship.
Tract 20
Unknown acreage in Lincoln District, Marion County, West Virginia, Tax Parcel ID Nos. 11-56-0014, 11-56-0015, 11-56-0016, and others not provided, said being the same lands described in the following instruments:
• Deed dated April 6, 2000, recorded in Book 961, Page 543 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Howard J. Shuttlesworth and Opal Shuttlesworth, his wife, to Howard J. Shuttlesworth, Jr. and Pamela Sue Shuttlesworth, husband and wife;
• Deed dated February 27, 1976, recorded in Book 792, Page 830 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Howard Shuttlesworth and Opal Shuttlesworth, husband and wife, to Howard J. Shuttlesworth, Jr. and Pamela Sue Shuttlesworth, husband and wife, as joint tenants with right of survivorship;
• Deed dated May 4, 1980, recorded in Book 827, Page 225 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Mary C. Moran, widow and unremarried, to Howard J. Shuttlesworth, Jr. and Pamela sue Shuttlesworth, husband and wife, as joint tenants with right of survivorship; and
• Deed dated June 4, 1986, recorded in Book 867, Page 380 in the Office of the Clerk of the County Commission of Marion County, West Virginia, from Dora Sabo, widow and unremarried, by Dorothy Vukelich, her attorney-in-fact, et al., to Howard J. Shuttlesworth, Jr. and Pamela Sue Shuttlesworth, husband and wife, as joint tenants with right of survivorship.
Leasehold 05-48
1.00 acre of land, more or less, part of Tax Parcel ID No. 06-28-09, being the same 1.00 acre tract described in a Deed dated June 17, 1994, recorded in Book 918, Page 402 in the Office of the Clerk of the County Commission of Marion County, West Virginia from Thomas Morgan and Betty C. Morgan, his wife, to Randall Lee Morgan and Debra Sue Morgan, his wife.
Based upon said examination, Respondents Shelia Ann Hawkins Jordan and Rickey Jordan and their unknown heirs and beneficiaries are the last known owners of an undivided 1/84 of the oil and gas estate underlying the Tracts is based upon the following, generally.
a. Prior to February 7, 1903, title to the Property was vested in Mary Sturm.
b. By deed recorded in Deed Book 121, page 440 in the Office of the County Clerk, Marion County, West Virginia dated February 7, 1903, Mary Sturm conveyed the Property to Henderson T. Robey, reserving and excepting one half (1/2) of all of the oil and gas.
c. Upon his death on January 29, 1918, Henderson T. Robey’s 1/2 interest in the oil and gas underlying the Property passed to his sole heir Minnie B. Hawkins.
d. Minnie B. Hawkins died on or about January 10, 1944, intestate leaving her 1/2 interest to her heirs: Ada Byard; Ralph Hawkins; Lawrence Hawkins, Lutie Davis, Lulu Hupp, Mildred Hawkins, Gail Hawkins, Charles Hawkins, Katherine Wilt, Virginia Halbrick, Nesbeth Smith, Raymond Robinson, Norman Robinson, Wilda Hungate, and Helen Jennings.
e. As referenced above, Lawrence Hawkins inherited a 1/14 interest from Minnie B. Hawkins. Lawrence Hawkins died on January 8, 1967, in Maricopa, Goodyear, Arizona. Lawrence Hawkins was survived by his spouse, Grace Hawkins, who inherited his 1/14 interest in the oil and gas estate in the Property. (Final Decree recorded in Deed Book 6885, page 527 in the Office of the Recorder in Maricopa, Goodyear County, Arizona.)
f. Grace Hawkins, who remarried twice after Lawrence Hawkins passed, died on February 12, 1986 in Delta, British Columbia. It is unknown whether Grace Hawkins’ other spouses, Edward W. Lauer and/or Mr. Glover, predeceased her. Based upon available information, it appears Grace Hawkins’ three children with Lawrence Hawkins, James Ellsworth Hawkins, Priscilla Elinor Hawkins Bell, and Robert Arnold Hawkins inherited a 1/42 interest in the oil and gas underlying the Property, each, from their mother.
g. Robert Arnold Hawkins died April 24, 2009 in Lubbock County, Texas. No probate or will records have been located. It is believed his children, Shelia Ann Hawkins and Paul Clark Hawkins, inherited Robert Arnold Hawkins’ undivided 1/42 interest in the oil and gas underlying the Property possessed at the time of his death, with each obtaining a 1/84 interest.
h. It is believed that Shelia Ann Hawkins married Ricky Jordan on a date unknown.
i. The last known address for Shelia Ann Hawkins Jordan and Ricky Jordan was 5812 6th Street, Apartment C, Lubbock, Texas 79416 and/or 415 N. Englewood Ave., Lubbock, Texas 79416. All attempts to contact and/or verify through publically-available records the current whereabouts and contact information for Shelia Ann Hawkins Jordan and Ricky Jordan have been unsuccessful.
Based upon said examination, Respondent Paul Clark Hawkins and their his heirs and beneficiaries are the last known owners of an undivided 1/84 of the oil and gas estate underlying the Tracts is based upon the following, generally.
a. By deed recorded in Deed Book 121, page 440 in the Office of the County Clerk, Marion County, West Virginia dated February 7, 1903, Mary Sturm conveyed the Property to Henderson T. Robey, reserving and excepting one half (1/2) of all of the oil and gas.
b. Upon his death on January 29, 1918, Henderson T. Robey’s 1/2 interest in the oil and gas underlying the Property passed to his sole heir Minnie B. Hawkins.
c. Minnie B. Hawkins died on or about January 10, 1944, intestate leaving her 1/2 interest to her heirs: Ada Byard; Ralph Hawkins; Lawrence Hawkins, Lutie Davis, Lulu Hupp, Mildred Hawkins, Gail Hawkins, Charles Hawkins, Katherine Wilt, Virginia Halbrick, Nesbeth Smith, Raymond Robinson, Norman Robinson, Wilda Hungate, and Helen Jennings.
d. Lawrence Hawkins died on January 8, 1967, in Maricopa, Goodyear, Arizona. Lawrence Hawkins was survived by his spouse, Grace Hawkins, who inherited his 1/14 interest in the oil and gas estate in the Property. (Final Decree recorded in Deed Book 6885, page 527 in the Office of the Recorder in Maricopa, Goodyear County, Arizona.)
e. Grace Hawkins, who remarried twice after Lawrence Hawkins passed, died on February 12, 1986 in Delta, British Columbia. It is unknown whether Grace Hawkins’ other spouses, Edward W. Lauer and/or Mr. Glover, predeceased her. Based upon available information, it appears Grace Hawkins’ three children with Lawrence Hawkins, James Ellsworth Hawkins, Priscilla Elinor Hawkins Bell, and Robert Arnold Hawkins inherited a 1/42 interest in the oil and gas underlying the Property, each, from their mother.
f. Robert Arnold Hawkins died April 24, 2009 in Lubbock County, Texas. No probate or will records have been located. It is believed his children, Shelia Ann Hawkins and Paul Clark Hawkins, inherited Robert Arnold Hawkins’ undivided 1/42 interest in the oil and gas underlying the Property he possessed at the time of his death, 1/84 each.
g. It is believed that Paul Clark Hawkins died on August 17, 2004, in El Paso County, Texas. All attempts to verify through publically-available records the heirs and/or beneficiaries of Paul Clark Hawkins have been unsuccessful.
This action is brought for the purpose of authorizing the execution and delivery of a valid and present mineral lease for development of the particular minerals described in the petition, and thereafter, in the case of any respondent or heir, successor or assign of any respondent who does not appear to claim ownership of the Respondents’ interest within seven years after the date of the lease, for the Court to order a conveyance of the Respondents’ mineral interest under W.Va. Code § 55-12A-7, subject to the lease, to the owner of the surface overlaying the mineral interest.
A copy of the Verified Petition can be obtained from the Circuit Clerk of Marion County, West Virginia and/or from Briana J. Marino, Esq., attorney for the Petitioner located at 500 Virginia Street, East, Suite 590, Charleston, WV 25301. Shelia Ann Jordan, Ricky Jordan and Paul Clark Hawkins and their Unknown Heirs and Beneficiaries must appear and respond to the Verified Petition on or before July 10, 2015 or action may be taken by the Court in accordance with the law.
Times: May 5, 12, 19, 2015