NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Ohio Valley Steel Company
1721 Wetzel Street
Wheeling, WV 26003
Ohio Valley Steel
Company
70 – 20th Street
Wheeling, WV 26003
Notice is hereby given that the undersigned Trustee, will sell at public auction to the highest bidder on:
August 9, 2016,
at 10:00 a.m.,
at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia, that certain property conveyed by Ohio Valley Steel Company to James C. Gardill, Trustee, by Deed of Trust dated March 3, 2005, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1261, at page 184, and being described as follows:
The following tract of land situate on the southerly side of Seventeenth Street and the westerly side of Wetzel Street, City of Wheeling, Center District, Ohio County, West Virginia, and being more particularly bounded and described as follows:
Beginning at an iron pin at the intersection of the southerly line of Seventeenth Street with the westerly line of Wetzel Street, said iron pin also being the most easterly corner of Lot 1 as shown on the Plat of J & J. R. Baker’s Addition to the City of Wheeling, a copy of said plat being recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 40, at page 233; thence from said beginning iron pin and with said westerly line S. 15* 35′ 30″ W. (meridian of the 1940 property survey made by C.C. Smith’s Sons Engineers and shown on the map of “Wheeling Steel Corporation Wheeling Factory, East Wheeling” revised November 1945, February 18, 1960, September 22, 1965 and revised August, 1987, by Stegman & Schellhase, Inc.) 342 and 6/10 feet to a point at the southerly extremity of the westerly line of Wetzel Street; thence crossing Wetzel Street N. 89* 23′ 30″ E. (at 41 and 65/100 feet passing the easterly line of Wetzel Street at the most southerly corner of the parcel of land that was conveyed by Leonard P. Riser, Jr., and Josephine K. Riser, his wife, to Steve Pavlina and Beatrice I. Pavlina, his wife, by deed dated February 19, 1963, and recorded in said County Clerk’s office in Deed Book 442, at page 256, and at 283 and 77/100 feet passing the division line between said Pavlina and the westerly line of Reilly Street, and at 326 and 25/100 feet passing the division line between the easterly line of Reilly Street and the 284 and 403/1000 acre tract (less exceptions) that was conveyed by the Bachmann Realty Company to Miramar Corporation by deed recorded in said County Clerk’s office) 637 and 05/100 feet to a point, now or formerly a concrete monument, at a corner to said Miramar Corporation; thence with same S. the following three (3) bearings and distances: S. 37* 09′ 30″ W. 1270 and 31/100 feet to a point in Stone Coal Run; thence up same S. 66* 17′ 20″ E. 444 and 05/100 feet to a point; thence S. 57* 42′ 40″ W. 678 and 18/100 feet to a point; thence with other lands remaining to the party of the first part hereto, N. 30* 13′ 54″ W. (passing midway between the southwesterly corner of the building located on the hereindescribed tract and the northeasterly corner of the building located on lands remaining to the party of the first part hereto) 938 and 28/100 feet to a point in the easterly line of the lands now owned by the West Virginia Railroad Maintenance Authority; thence with same the following nine (9) courses and distances: with a curve to the left having a radius of 777 and 98/100 feet for an arc distance of 188 and 67/100 feet, chord bearing and distance for said arc being N. 66* 17′ 55″ E. 188 and 21/100 feet to a point; thence N. 30* 38′ 55″ W. 0 and 5/10 feet to a point; thence with a curve to the left having a radius of 777 and 48/100 feet, for an arc distance of 287 feet, chord bearing and distance for said arc being N. 48* 46′ 34″ E. 285 and 37/100 feet to a concrete monument; thence S. 51* 47′ 56″ E. 0 and 5/10 feet to a point; thence with a curve to the left having a radius of 1356 and 65/100 feet for an arc distance of 507 and 55/100 feet, chord bearing and distance for said arc being N. 27* 29′ E. 504 and 6/10 feet to a concrete monument; thence S. 73* 14′ 04″ E. 1 and 68/100 feet to a point; thence N. 16* 45′ 56″ E. 24 and 32/100 feet to a point; thence N. 17* 08′ E. 104 feet to a point; thence with a curve to the left having a radius of 2839 and 32/100 feet, for an arc distance of 277 and 51/100 feet, chord bearing and distance for said arc being N. 14* 20′ E. 277 and 4/10 feet to a concrete monument in the aforesaid southerly line of Seventeenth Street; thence with same S. 74* 39′ 30″ E. 138 and 58/100 feet to the place of beginning, containing twenty-two and nine hundred forty-three one thousandths (22 and 943/1000) acres, more or less, as compiled from deeds, partial survey and calculations by Stegman & Schellhase, Inc., Civil Engineers and Surveyors.
Said tract being subject to that part of the right of way for Wetzel Street that is included within the boundary lines of the said tract.
There is excepted from said 22 and 943/1000 acre tract the parcel of land that was conveyed by Whitaker Iron Company to James H. Prager by deed dated June 24, 1895, and recorded in said County Clerk’s office in Deed Book 104, at page 304, said parcel being more particularly bounded and described as follows:
Beginning at a point at the northwesterly corner of the hereindescribed parcel, said beginning point being located the following two (2) bearings and distances from the aforementioned point in the westerly line of Wetzel Street at its southerly extremity: N. 89* 23′ 30″ E. 60 and 25/100 feet to a point; thence S. 18* 04′ 30″ E. 5 and 16/100 feet to said beginning point; thence from said beginning and crossing through said 22 and 943/1000 acre tract the following four (4) bearings and distances: S. 76* 50′ E. 207 and 17/100 feet to a point; thence S. 15* 23′ 30″ W. 115 and 98/100 feet to a concrete monument; thence N. 73* 04′ 58″ W. 138 and 14/100 feet to a point; thence N. 18* 04′ 30″ W. 124 and 98/100 feet to the place of beginning, containing 437/1000 of an acre, more or less.
There is also excepted from the said 22 and 943/1000 acre tract, the parcel of land that was conveyed by Hessco Industries, Inc., to Steve Pavlina and Beatrice I. Pavlina, his wife, by quit-claim deed dated June 21, 1989 and recorded in said County Clerk’s office in Deed Book 649, at Page 266, and being more particularly bounded and described as follows:
Beginning at a point at the northwesterly corner of the hereindescribed parcel, said beginning point being located S. 20* 20′ W. 35 and 6/10 feet from the southeasterly corner of the parcel of land that was conveyed by Leonard P. Riser, Jr., and Josephine K. Riser, his wife, to Steve Pavlina and Beatrice I. Pavlina, his wife, as Parcel No. 1, by deed dated February 19, 1963, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia in Deed Book 442, at page 256; thence from said beginning point, crossing the westerly line of Reilly Street, S. 68* 04′ 40″ E. 42 and 33/100 feet to a point; thence with lands now owned by Hessco Industries, Inc., the following two (2) bearings and distances: S. 29* 25′ 30″ W. 71 and 63/100 feet to a point; thence N. 77* 33′ 38″ W. 26 and 66/100 feet to an iron pin in the easterly line of Lot No. 2 as shown on the Plat of James Prager’s Addition to Wheeling, said Plat being recorded in said County Clerk’s office in Plat Book 1, at page 100; thence with said easterly line N. 15* 23′ 38″ E. (at 17 and 27/100 feet passing a point in the division line between Lots 1 and 2 as shown on said plat, said point also being the most southerly corner of the parcel of land that was conveyed by Leonard P. Riser, Jr., and Josephine K. Riser, his wife, to Steve Pavlina and Beatrice I. Pavlina, his wife, as parcel 2 by deed dated February 19, 1963, and recorded in said County Clerk’s office in Deed Book 442, at page 256), 53 and 25/100 feet to a point at the most easterly corner of said Lot 1 and also said last mentioned parcel; thence with other lands now owned by the party of the first part hereto, N. 20* 20′ E. 22 and 51/100 feet to the place of beginning, containing 2,560 and 71/100 square feet (0.0588 Acre), more or less.
Leaving a total of 22 and 4471/10,000 acres to be conveyed by this transaction.
There is also excepted from the said 22 and 943/1000 acre tract, the 0.176 acre parcel of land that was conveyed by Ohio Valley Steel Company to Sallie A. Nicholas, by Deed dated October 9, 1998 and recorded in Ohio County Deed Book 709, at page 297.
There is also granted to the party of the second part hereto, the right to use a right of way or roadway, twenty (20) feet wide, leading from the westerly line of said 22 and 4471/10,000 acre tract in a westerly direction to the westerly line of lands remaining to the party of the first part hereto, the centerline of said right of way or roadway being more particularly described as follows:
Beginning at a point in the westerly line of said tract, said beginning point being located N. 30* 13′ 54″ W. 76 and 1/10 feet from a point at the most westerly corner of said 22 and 4471/10,000 acre tract; thence from said beginning point and with said centerline the following eight (8) bearings and distances: S. 76* 44′ W. 15 and 17/100 feet to a point; thence N. 86* 00′ W. 180 feet to a point; thence S. 74* 52′ 20″ W. 189 and 14/100 feet to a point; thence S. 81* 00′ 46″ W. 713 and 93/100 feet to a point; thence S. 62* 30′ 05″ W. 66 and 01/100 feet to a point; thence S. 63* 18′ 18″ W. 61 and 27/100 feet to a point; thence S. 75* 10′ 43″ W. 50 and 99/100 feet to a point; thence N. 75* 29′ 23″ W. 11 and 19/100 feet to a point in the easterly line of the aforesaid West Virginia Railroad Maintenance Authority, said right of way or roadway to be used in common by both parties hereto, their heirs and assigns, for ingress and egress.
It is further covenanted and agreed by and between party of the first part and party of the second part that they shall share in equal proportion the reasonable costs of the maintenance, upkeep and repair of the aforesaid roadway right of way, and all decisions as to the need for maintenance, upkeep and repair of the said roadway right of way shall be decided by the seller if a dispute as to same should arise.
There is also granted to the party of the second part hereto, any and all rights of ingress and egress now enjoyed by the party of the first part hereto, over the existing roadway leading from said last mentioned easterly line in a westerly direction to the easterly extremity of Twentieth Street, through lands of said West Virginia Railroad Maintenance Authority, other lands remaining to the party of the first part hereto and the West Virginia Department of Highways.
The said 22 and 4471/10,000 acre tract being subject to a right of way for ingress and egress, reserved to, retained and held by the Seller, twenty (20) feet wide and then fifteen (15) feet wide and then twenty (20) feet wide, leading from the westerly line of said 22 and 4471/10,000 acre tract in a northeasterly direction to Wetzel Street, said right of way being more particularly described as follows:
Beginning at a point in the westerly line of said 22 and 4471/10,000 acre tract, at its intersection with the centerline of said right of way, said beginning point being located N. 30* 13′ 54″ W. 76 and 1/10 feet from a point at the most westerly corner of said 22 and 4471/10,000 acre tract; thence from said beginning point and with the centerline of said right of way twenty (20) feet wide, the following two (2) bearings and distances: N. 76* 44′ E. 132 and 75/100 fee to a point; thence S. 76* 15′ E. 80 feet to a point in the westerly extension of the southerly wall of the metal building now located on the hereindescribed tract, said southerly wall being the northerly line of the hereindescribed right of way fifteen (15) feet wide; thence with said westerly extension and then said northerly line, the following three (3) bearings and distances: N. 43* 35′ 10″ E. 495 feet to a point; thence N. 32* 50′ 16″ E. 261 and 11/100 feet to a point; thence N. 13* 18′ 33″ W. 28 and 84/100 feet to a point; thence leaving said building and with the westerly line of said right of way which increases from fifteen (15) feet wide to twenty (20) feet wide N. 11* 36′ 17″ E. 190 and 36/100 feet to a point in the westerly line of Wetzel Street at its southerly extremity, said right of way to be used in common by both parties hereto, their heirs and assigns.
The Seller and Buyer agree that this said right of way shall terminate at such time as Stephen W. Hess shall cease to be involved either directly or indirectly with Hessco Industries, Inc.
Said 22 and 4471/10,000 acre tract also being subject to a right of way, reserved to, retained and held by the Seller, thirty (30) feet wide, leading from the westerly line of Wetzel Street in a westerly direction to the easterly line of the aforesaid West Virginia Railroad Maintenance Authority property, the northerly line of said right of way being the southerly line of Seventeenth Street, as aforesaid, “S. 74* 39′ 30″ E. 138 and 58/100 feet,” said right of way to be used in common by both parties hereto, their heirs and assigns.
Said 22 and 4471/10,000 acre tract being subject to any and all conditions, exceptions, reservations, stipulations, rights of way, etc., as may be contained in former deeds.
Being a part of the property conveyed to Ohio Valley Steel Company by Hessco Industries, Inc., by deed dated October 5, 1990, and recorded in Ohio County Deed Book 656, at page 622.
Tax District: 10;
Tax Map: W59;
Parcel: 482.3.
Property Address: 70 20th Street, Wheeling, WV.
The terms of the sale will be as follows: Cash in hand on the day of sale. Sale of said property will be made subject to: (1) All prior exceptions, reservations, rights of ways easements, conditions, covenants, restrictions, leases and other servitude’s of record if any pertaining to said real estate: (2) any and all unpaid taxes assessed against said property: (3) The subject property will be sold in “as is” condition: (4) The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property: (5) The Trustee will deliver a Trustee’s Deed to the purchaser without any covenant or warranty (expressed or implied) in the form prescribed by West Virginia Code Chapter 38-1-6. The Trustee makes no representations and warranties about the title of the real estate to be conveyed.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Trustee reserves the right to reject any or all bids. Additional terms and conditions shall be announced at the sale.
Any sale hereunder in which the property is encumbered by Federal Tax Liens will be subject to the 120 day redemption period pursuant to 26 U.S.C.A. Section 7424(d).
Given under my hand this 5th day of July, 2016.
s/s James C. Gardill, Trustee
For information regarding sale, contact:
Robert D. Plumby, Esquire,
Counsel for Trustee
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int. July 26. Aug. 2, 2016
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