SPECIAL COMMISSIONER’S AUCTION OF REAL ESTATE
Pursuant to and by virtue of an Order From Status Hearing Of November 6, 2015, entered by the Circuit Court of Jefferson County, West Virginia, in Civil Action No. 15-C-42, therein pending under the style of “Ricky Crum, individually and as Executor of the Estate of Gardner W. Dillow, deceased, Plaintiff, vs. ADT LLC, et al., Defendant”, the undersigned Special Commissioner will offer for sale at a public auction
to be held at the front door of the Jefferson County Court
House situate at 100 E. Washington Street, Charles Town, Jefferson County, West Virginia, on Monday, May 23, 2016, at 12:00 o’clock, noon, all those certain parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Jefferson County and situate in Berkeley County, West Virginia, more particularly described as follows:
PARCEL 1
Situate in Charles Town District, Jefferson County, and described as Lot 4 and Lot 5, Block 15, Shasta Subdivision in Shenandoah Junction, on a plat recorded in the Jefferson County Clerk’s office in Deed Book Y, page 129. (See Deed Book 802, page 177, and Deed Book 1098, page 27; Tax Map 1-A, parcel 0102)
PARCEL 2
Situate in Charles Town District, Jefferson County, and
Lot 3, Block 15, Shasta Subdivision in Shenandoah Junction, as described on a plat recorded in the Jefferson County Clerk’s office in Deed Book Y, page 129. (See Deed Book 802, page 177, and Deed Book 1098, page 27; Tax Map 1-A, parcel 102.0001)
PARCEL 3
Situate in Charles Town District, Jefferson County, and described as Lot 27, Section 5-J, Shannondale, on a plat recorded in the Jefferson County Clerk’s office in Deed
Book 456, page 173. (See Deed Book 537, page 335; Tax Map 23-A, parcel 287)
PARCEL 4
Situate in Harpers Ferry District, Jefferson County, and described as Lot 1 on a plat which is attached to and recorded with a Deed recorded in the Jefferson County Clerk’s office in Deed Book 317, page 332; TOGETHER WITH the non-exclusive right and easement to use that certain thirty-foot right-of-way lying west of and adjacent to said Lot 1 as shown on the aforesaid plat, leading to the old Harpers Ferry – Smithfield Turnpike, for purposes of ingress and egress to and from said lot as well as for the installation and maintenance of utilities; and those two (2) certain parcels of real estate, the first designated as “Intended from Cavalier Heirs Fee to James, 3,152 Ft2, 0.092 Acs.”, containing 3,152 square feet or 0.072 acre, more or less, and the second designated as “Intended from Cavalier Heirs
Fee & Easement to James, 77 Ft2 = 0.00177 Acs.”, containing
77 square feet or 0.00177 acre, more or less, as described on a plat of survey entitled “Division Plat from Survey, Cavalier Summit Lots”, which is recorded in the Jefferson County Clerk’s office in Plat Book 7, page 11; TOGETHER WITH a non-exclusive right to use that certain thirty-foot right-of-way bounding the lots herein described and extending to Columbia Street, for means of ingress and egress of all kinds; subject, however, to that certain agreement between David T. Cavalier, et al., dated March 6, 1985, and recorded in the aforesaid Clerk’s office in Deed Book 543, page 336. The aforesaid lots have been merged and shall not be sold separately. (See Deed Book 998, page 647; Tax Map 7-A, parcel 3.0002)
PARCEL 5
Situate near Millville in Harpers Ferry District, Jefferson County, containing one and one fifth acres, more or less; TOGETHER WITH that certain right-of-way appurtenant thereto as described in a Deed from the heirs of Hezekiah Colbert to Millville Milling Company dated December 31, 1886, and recorded in the Jefferson County Clerk’s office in Deed Book P, page 487, to-wit: “A perpetual right-of-way twenty feet wide, from Halltown and Keyes Ferry Road across the land of Hezekiah Colbert to the southern line of the lot hereby conveyed.”
(See Deed Book 628, page 470, and Deed Book 1098, page 27;
Tax Map 11, parcel 31)
PARCEL 6
Situate near Millville in Harpers Ferry District, Jefferson County, being part of the “Rose Hill” farm, formerly of T. E. Baumgardner, which was conveyed to Charles Painter by a Deed from T. E. Baumgardner and wife dated May 9, 1936, and recorded in the aforesaid Clerk’s office in Deed Book 146, page 128, and being Lot Number 2 on the plat of M. W. McDonald, and containing one and six-tenths (1 6/10) acres of land, fronting 320 feet on the Valley Branch of the Baltimore and Ohio Railroad Company, and running back, in parallel lines, 175 feet to Standard Lime and Stone Company’s land on the south, bounded on the west by lot of Elsie G. Jones, and on the east by Keystone Lime Stone Company’s land; TOGETHER WITH a right-of-way over the right-of-way of said T. E. Baumgardner twenty feet in width between the Standard Lime and Stone Company’s land and the Keystone Lime Stone Company’s land for foot passengers and vehicles, as laid out on the aforesaid plat for outlet to the land described herein. (See Deed Book 628, page 470, and Deed Book 1098,
page 27; Tax Map 11, parcel 33)
PARCEL 7
Situate near Millville in Harpers Ferry District, Jefferson County, being part of a 9.5557 acre parcel which was conveyed to Thomas M. Dillow from Joseph Tyszkiewicz by a Deed dated
October 7, 1982, and recorded in the Jefferson County Clerk’s office in Deed Book 503, page 712, and being more particularly described as beginning at Point No. 251 described in the aforesaid Deed from Tyszkiewicz to Dillow; thence with Dillow S. 59-27-27 E. 541.98 feet to Point No. 252 described on said Deed from Tyszkiewicz; thence along the westerly side of the blacktop road described in said Deed S. 29-06-23 W. 200 feet to a point, the southernmost corner of the real estate herein described; thence by new line N 59-27-27 W. 541.98 feet, more or less, to a point in the northwest line of the Grantor’s (sic) land; and thence N. 29-06-23 E. 200 feet to point No. 251, the place of beginning.
Parcels 5, 6 and 7 are adjacent to and contiguous with one another, the boundary line of said parcels having previously been adjusted to include each parcel, thus creating a single lot of land containing 3.688 acres, more or less. (See Deed
Book 628, page 470; Deed Book 886, page 285; and Deed Book 1098, page 27; Tax Map 11, parcel 34.0006)
PARCEL 8
Situate in Harpers Ferry District, Jefferson County, being Lot 76, Section A, Westridge Hills Subdivision, as described on a plat recorded in the Jefferson County Clerk’s office in Plat Book 1, page 9. (See Deed Book 763, page 389; Tax Map 13-H, parcel 50)
PARCEL 9
Situate in Harpers Ferry District, Jefferson County, being Lot 77, Section A, Westridge Hills Subdivision, as described on a plat recorded in the Jefferson County Clerk’s office in Plat Book 1, page 9. (See Deed Book 771, page 287; Tax Map 13-H, parcel 52)
PARCEL 10
Situate in Harpers Ferry District, Jefferson County, being Lot 48, Section B, Westridge Hills Subdivision, as described on a plat recorded in the Jefferson County Clerk’s office in Plat Book 1, page 213. (See Deed Book 537, page 335; Tax Map 13-H, parcel 269)
PARCEL 11
Situate in Harpers Ferry District, Jefferson County, being Lot 25, Section H, Westridge Hills Subdivision, as described on a plat recorded in the Jefferson County Clerk’s office in Plat Book 1, page 211. (See Deed Book 755, page 241; Tax Map 13-J, parcel 39)
PARCEL 12
Situate in Harpers Ferry District, Jefferson County, being Lot 3, Section J, Westridge Hills Subdivision, as described on a plat recorded in the Jefferson County Clerk’s office in Plat Book 1, page 211. (See Deed Book 537, page 335; Tax Map 13-K, parcel 16)
PARCEL 13
Situate in Harpers Ferry District, Jefferson County, being Lot 16, Section F, Westridge Hills, as shown on a plat recorded in the Jefferson County Clerk’s office in Plat Book 1, page 211. (See Deed Book 605, page 353; Tax Map 13-K, parcel 145)
PARCEL 14
Situate in Harpers Ferry District, Jefferson County, being Lot 17, Section F, Westridge Hills Subdivision, as described on a plat recorded in the Jefferson County Clerk’s office in Plat Book 1, page 191. (See Deed Book 537, page 335; Tax Map 13-K, parcel 146)
PARCEL 15
Situate in Mill Creek District, Berkeley County, containing
5.21 acres, more or less, as described on a plat recorded in the Berkeley County Clerk’s office in Deed Book 272, page 109.
(See Deed Book 989, page 444; Tax Map 14, parcel 34.0001)
PARCEL 16
Situate in Mill Creek District, Berkeley County, being
Lot 27 of the C. J. McDonald, Inc. subdivision, containing
16.00 acres, more or less, as described on a plat recorded in the Berkeley County Clerk’s office in Deed Book 265, page 378. (See Deed Book 989, page 444; Tax Map 14, parcel 34.0006.6001 (residence) and 6002 (rental mobile home))
THE AUCTION AND THE CONVEYANCE OF THIS REAL ESTATE WILL BE MADE SUBJECT TO all easements, rightsofway, restrictive covenants, conditions, reservations and other conditions of record found and enumerated in the chain of title and those reasonably apparent upon an inspection and view of said real estate or as determined by a survey, and shall be subject to the lien of all real estate taxes and county-imposed liens and charges against the property, as applicable. At settlement, the Special Commissioner will also convey and transfer to the buyer all rights of redemption with respect to all unpaid real estate taxes assessed against the property.
THIS SALE SHALL ALSO BE MADE SUBJECT TO the rights of any person or persons occupying the premises, if any there be, and the Special Commissioner shall not be under any duty to cause any person or persons who may be occupying said premises to vacate the same. The property will be sold in an “AS IS” condition and the Special Commissioner makes no warranty of any type as to the condition of any improvements located upon the premises, if any there be.
The Special Commissioner’s Deed to any purchaser will not contain any warranty of title.
TERMS OF AUCTION
Cash or bank check on day of the auction equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the highest bid made on each parcel, with the balance due, in cash, forty-five (45) days from the date of confirmation of said auction by the Circuit Court of Jefferson County, West Virginia, to which this auction shall be expressly subject. All recording fees and charges and all transfer and excise taxes shall be paid by the purchaser.
The Special Commissioner reserves the right to offer each parcel for sale in such manner and in such combination as he my deem appropriate. Any announcements made at the auction shall take precedence over any terms or provisions contained in this notice.
Given under my hand this 28th day of April, 2016.
/s/ D. Frank Hill, III__
D. Frank Hill, III
Special Commissioner
136 E. German Street
P.O. Box A
Shepherdstown, WV 25443
Telephone: 304-876-9333