Legal
0511 0518 0525
SPECIAL COMMISSIONER’S
SALE OF VALUABLE IMPROVED REAL ESTATE
UNIT 59, TRACT 10, DEERFIELD VILLAGE CONDOMINIUMS
Pursuant to and by virtue of an Order of the Family Court of Berkeley County, West Virginia, made on the 26th day of February, 2016, in Civil Action No. 95-D-754, therein pending under the style of “Frances D. Porterfield, Petitioner, vs. John M. Porterfield, Respondent,” the undersigned Special Commissioner will offer for sale at public auction to the highest bidder to be held at the front door of the Tucker County Court House situate at 215 First Street, Parsons, Tucker County, West Virginia, on Saturday, May 28, 2016, at 12:00 o’clock, noon, all that certain parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Dry Fork District, Tucker County, West Virginia, more particularly described as follows:
Beginning at a point in the common boundary between
lands of Herminie Gamponia (Deed Book 84, page 173),
said point of beginning furthermore located S. 7° 57’ 06” W.
a distance of 378.56 feet, more or less, from a found 6”
concrete monument at the base of a fence post which marks
the common corner between lands of Canaan International,
Ltd., Herminie Gamponia and Raymond J. Colombo;
thence, with the line of Gamponia, S. 7° 57’ 06” W. a
distance of 320 feet, more or less, to a #5 rebar to be set;
thence, leaving the line of Gamponia, N. 72° W. 284.77 feet,
more or less, to the center-line of a 40-foot right of way
dedicated for use as an access road and for the
construction, maintenance and operation of utilities; thence,
with the center-line of said right of way and with a curve to
the left having a radius of 439.74 feet and a chord bearing
N. 17° 16’ 01” E. a distance of 57.80 feet, more or less;
thence N. 13° 30’ E. a distance of 230 feet, more or less;
thence, leaving said right of way, S. 78° 27’ 02” E. a distance
of 249.30 feet, more or less, to the point of beginning,
containing 1.841 acres, as shown and described on a map
made by Stultz and Associates, Inc. of Romney, West
Virginia, dated January, 1984.
TOGETHER WITH AND SUBJECT TO those various and
certain easements, covenants, conditions, reservations,
rights-of-way, restrictions, assessments of record,
particularly to those set forth in the aforesaid Deed (Deed
Book 140, page 525), all of which are incorporated herein
by reference.
[Tax Map 350, parcel 00020059; Acct. 05-350-00020059]
BEING all and the same parcel of real estate which was conveyed from Donald R. Betz and Beverly A. Betz, his wife, and Kenneth L. Finke and Linda J. Finke, his wife, to Building Concepts, Inc., a West Virginia corporation, by a Deed dated the 19th day of October, 1992, and recorded in the aforesaid Clerk’s office in Deed Book 140, page 525.
THE CONVEYANCE OF THIS REAL ESTATE WILL BE MADE SUBJECT TO all easements, rights-of-way, 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.
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 SALE
Cash or bank check on day of sale equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the highest bid, and the balance due, in cash, forty-five (45) days from the date of confirmation of said sale by the Family Court of Berkeley County, West Virginia, to which this sale shall be subject. All real estate taxes and all other charges and assessments levied against the property shall be pro-rated to the date of settlement. All recording fees and charges and all transfer and excise taxes shall be paid by the purchaser.
Given under my hand this 25th 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