Source: September 21, 2016 Read More →

TUCKER COUNTY CIRCUIT COURT

IN THE CIRCUIT COURT OF TUCKER COUNTY, WEST VIRGINIA

JAMES L. MCGEE, DARLENE LAMBERT
JIMMY LAMBERT AND SHAUNA TACKETT
Petitioner,

vs. Civil Action No. 15-C-112

JERRY MCGEE
Respondents.

NOTICE OF SALE

Pursuant to the authority vested in the undersigned by Order of the Circuit Court of Randolph County, West Virginia, entered on the 4th day of August, 2016, in Civil Action No. 15-C-112, entitled James L. McGee, Darlene Lambert, Jimmy Lambert and Shauna Tackett, R. Mike Mullens and Phil Isner, as Special Commissioners of said Court shall, on the 22nd day of September, 2016, commencing at 10:00 a.m., proceed to sell at the front door of the courthouse of Randolph County, West Virginia, at public auction, to the highest responsible bidder, the following described real estate:

Beginning at a point on a line of U.S. Tract 436 (C.B. Hyre) between Corner 1 and Corner 2; being a corner common to the land of V.E. Wells.

Thence with part of a line of U.S. Tract 436;

S 56 13 E 1015.9 feet to a point on the northeast brow of a ridge in U.S. line; being a corner common to Terry Harris. Set a 5/8” x 36” iron rod with a cap stamped “L.L.S. No. 6”.

Thence leaving the U.S. line and running with Terry Harris:

S 38 33 W crossing an access road at 180.0 feet, Crawford Run at 365.0 feet, another access road at 522.0 feet, IN ALL, 844.2 feet to a locust post at the intersection of fences on top of a small ridge; being a corner common to Terry Harris and the land reserved by Thomas A. McGee.

Thence with a land reserved by Thomas A. McGee;

S 33 09 W crossing a drain at 305.0 feet, a log road at 380.0 feet a drain at 770.0 feet, a log road at 1060.0 feet, in all, 1129.1 feet to a point; being a corner to the 10- acre tract to be conveyed to Leona McElwain. Set a 5/8” x 36” iron rod with a cap stamped “L.L.S. No. 6”.

Thence with a line of said 10 acre tract:

N 41 05 W crossing Light Run, 878.3 feet to a point in center of an access road; being in a line of the 18.47 acres conveyed to Bedford Pingley.

Thence seven lines with said Pingley tract and the centerline of the access road:

N 52 45 E 164.0 feet,

N 34 15 E 153.0 feet

N 50 15 E 154.6 feet,

N 37 45 E 116.4 feet,

N 38 00 E 198.7 feet,

N 38 45 E 130.0 feet

N 37 45 E 199.5 feet to a point in centerline of said road; being a corner of Pingley 18.47 acre tract.

Thence leaving the road, continue with Bedford Pingley:

N 50 30 W 184.3 feet to a 2” x 36” car axle at the fence corner; being a corner of Pingley 2.5 acre tract.

Thence with said 2.5 acre tract:

N 34 05 E crossing Crawford Run, 461.3 feet to a point in center of State Secondary Route 27/3,

N 43 55 E to a 1/2” iron pipe on the northeast bank of the State Road: being a corner common to V.E. Wells

Thence with a line of said Wells:

N 38 26 E 146.8 feet to the point of beginning, containing 35.0 acres, more or less, as surveyed and compiled in July 1978 by Jerry L. Shreve L.L.S. No. 6, and as shown on the plat of survey attached to deed of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia in Deed Book 318, at page 615.

Subject to any and all reservations, restrictions, covenants, exceptions, rights of way and/or easements set forth in the chain of title to said real estate, including utility rights of way.

AND BEING the same real estate as conveyed unto James L. McGee, Darlene Lambert, Jimmy Lambert and Shauna Tackett, being an undivided 1/3 interest, by Leona McElwain by deed dated October 23, 2012 and of record in Deed Book 555, at page 601 and further being the same real estate as conveyed unto Junior McGee and Jerry McGee, a 2/3 undivided interest, by Leona McElwain by deed dated October 23, 2012 and of record in Deed Book 555, at page 655. The said Junior McGee died on March 16, 2015. By virtue of the survivorship language contained in said deed the property vested in the survivor, Jerry McGee in fee simple absolute.

This sale will be by the boundary and not by the acre without warranty as to the quantity of acreage contained on said real estate.

The sale shall be made without warranty of title and subject to all reservations, exceptions, covenants, restrictions, easements, limitations, conditions, minerals rights, rights of way or easements, and other servitudes, if any, made, retained or otherwise created by deeds or other instruments constituting the record chain of title to the real estate aforesaid.

The sale shall be made subject to any and all liens and encumbrances affecting the real estate and to all unpaid or any accrued real estate taxes assessed against the real estate. This sale shall further be made subject to all necessary rights of way for ingress, egress and regress; water/sewer, and utility service to the real estate.

Any sale hereunder may be postponed from time to time or adjoined without any notice other than an oral announcement at the time and place appointed for this sale or by posting notice. The Special commissioners reserve the right to reject any and all bids.

This sale is subject to the approval and confirmation by the Circuit Court of Randolph County, West Virginia.

Terms of sale: Ten (10.00%) of purchase price due on day of sale payable to the Special Commissioners and the balance in immediately available funds at closing, which shall be within thirty (30) days from the day of sale.

R. MIKE MULLENS
PHIL ISNER
SPECIAL COMMISSIONERS
9/7, 9/14, 9/21