NOTICE OF TRUSTEES’S
SALE OF VALUABLE REAL ESTATE
TO: Clarisse Wiley
76 Cedar Lane
Wheeling, WV 26003
Notice is hereby given that the undersigned Trustee, will sell at public auction to the highest bidder on:
May 21, 2025,
at 10:00 a.m.,
At 76 Cedar Lane, Wheeling, West Virginia, that certain property conveyed by Clarisse Wiley to James C. Gardill, Trustee, by Deed of Trust dated February 28, 2023, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1670, at page 190, and being described as follows:
The following lot or parcel of land, situate on the southerly side of a thirty (30) foot roadway now in existence in place of the old Wheeling and Elm Grove Road, Village of Bethlehem, Ritchie District, Ohio County, West Virginia, and comprising all of Lot Number 76, as shown on an unrecorded Map of Wolfe Estates, said map being on file in the office of Stegman & Schellhase, Inc., Civil Engineers and Surveyors, 51 Fifteenth Street, Wheeling, West Virginia, and being more particularly bounded and described as follows:
Beginning at a stake in the southerly line of a thirty (30) foot street or roadway (now known as Cedar Lane) as shown on said Map, said beginning stake being located N. 71* 14′ W. 272 and 27/100 feet from a stake at the most northerly corner of Lot Number 19, Wolfe Estates, Tract A, which was conveyed by The Byrum Construction Company, a corporation, to Paul V. Graham and Martha C. Graham, his wife, by deed dated July 15, 1958, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 400, at page 254; said beginning stake also being the most northerly corner of Baytree Village as shown on the plat of Baytree Village, said plat being recorded in said County Clerk’s office in Plat Book 3, at page 87; thence from said beginning stake, leaving said street or roadway and with said Baytree Village, the following two (2) bearings and distances: S. 18* 11′ W. 85 feet to a stake at a corner to Lots 20 and 19 as shown on said plat; thence S. 74 * 28′ 30″ W. 118 and 75/100 feet to a stake (erroneously called S. 79* 24′ W. 115 and 86/100 feet in previous deed); thence with lands now or formerly owned by The Byrum Construction Company N. 03* 54′ W. 114 and 8/10 feet to a nail in a power pole in the aforesaid southerly line of Cedar Lane; thence with same the following two (2) bearings and distances: N. 77* 49′ E. 88 and 06/100
feet to a stake (erroneously called N. 77* 50′ E. 68 and 11/100 in a previous deed); thence S. 71* 49′ E. 65 and 95/100 feet to the place of beginning, (erroneously called S. 71* 49′ E. 85 and 93/100 feet in previous deed), containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, on October 24, 1990, three hundred twenty-six one thousandths (326/1000) acres more or less.
There is also granted to the parties of the second part hereto a right of way. or roadway thirty (30) feet wide, as the same is now located, leading from the most westerly corner of said Lot Number 76 in an easterly direction to the Wheeling and Elm Grove Road (West Virginia State Route Number 91), said right of way or roadway to be used in common hereto by both parties, their heirs, successors, and assigns. It being understood, however, that when and if said thirty (30) foot right of way or roadway is relocated by the parties of the first part hereto, that the said second parties agree to accept said relocation in lieu of the present roadway.
There is excepted and reserved from the said Lot Number 76 all of the coal underlying same, together with the mining rights and privileges that have heretofore been excepted and/or conveyed.
The above described property is conveyed subject to the following restrictions and covenants which the parties of the first part hereto, their successors and assigns, will insert in all deeds or agreements conveying other lots on said Map of Wolfe Estates to which same shall apply, and the parties of the second part to this deed, by the acceptance hereof, agree and covenant for themselves, their heirs and assigns, to comply with, and in making any further conveyance of the above described property or any part hereof to insert in whatever deed or agreement is made for the same or any part hereof, identical restrictions and covenants:
(1) That no building to be used as a dwelling house shall be built on said property unless the same shall cost or be fairly worth Ten Thousand Dollars ($10,000.00) or more, based on construction costs as of October, 1956, but this covenant shall not apply to a garage used in connection with said dwelling house.
(2) That no building or structure of any kind shall be erected nearer to the front line of any lot than twenty-five (25) feet, but this restriction shall not be construed to prevent the building within said twenty-five (25) foot space of an open porch, veranda or stoop.
(3) That in the erection or construction of any dwelling house or garage the same shall be erected or constructed nor nearer to the side lines of any lot than ten (10) feet.
(4) That there shall not be erected on said lot more than one dwelling house and one detached garage, which said garage shall be used exclusively by the owner or his employees.
(5) That no shop, store, factory or business house of any kind, or hospital or institution of any kind, shall be erected on the above described property, and that said property shall be used solely for residential purposes, but this clause shall not prohibit the use of said property for church purposes or for the conduct of a school.
(6) That no trailer, basement or garage erected on said property shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
(7) That no building shall be erected, placed or altered on any building lot in said subdivision until the building plans, specifications and plot plan showing the location of said building have been approved in writing by a duly authorized officer of The Byrum Construction Company, a corporation, its successors or assigns.
(8) That there shall not be erected, planted, kept or maintained on any of the lots in said subdivision any fence or shrubbery indicating or making a division line, greater than four (4) feet in height.
(9) That no rain or surface water shall be drained, emptied or discharged into the sewer lines located in the drives shown on said plat, and only sanitary sewerage or household waste shall be drained, emptied or discharged into said sewer lines.
(10) That streams and water courses for surface drainage shall not be obstructed, relocated or changed in any way by any purchaser of said lots.
(11) That invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.
Being the same property that was conveyed to Clarisse Wiley, by Margaret Prager by deed dated February 20, 2023, and recorded in the Office of the Ohio County Clerk, Ohio County, West Virginia, in Deed Book 1037, at page 006.
Tax District: 01;
Tax Map: RB1P;
Parcel: 219.
Property Address:
76 Cedar Lane, Wheeling, West Virginia 26003
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 8th day of April, 2025.
/s/ James C. Gardill, Trustee
For information regarding sale, contact:
Andrew R. Thalman, Esquire, Counsel
for Trustee
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int-Apr 30 & May 7, 2025