IN THE CIRCUIT COURT OF WOOD COUNTY,
WEST VIRGINIA
WEST VIRGINIA DEPARTMENT
OF TRANSPORTATION,
DIVISION OF HIGHWAYS,
Petitioner, CASE NO.: 17-C-426
PROJECT NO.: U354-14-8.69 00
- STP-0014(112)D
PARCEL NO. 16
FRANK L. ATHEY, JR., as Trustee of the
Frank L. Athey, Jr. Irrevocable Trust,
BRENDA L. KLAMUT,
as Trustee of the Frank L. Athey, Jr. Irrevocable Trust,
DAVID E. ATHEY, as Trustee of the
Frank L. Athey, Jr. Irrevocable Trust,
MONONGAHELA POWER COMPANY, Individually,
and as successor to Monongahela West Penn Public
Service Company,
HOPE GAS, INC., as successor to Hope Natural
Gas Company,
AT&T Corp., as successor
to American Telephone & Telegraph Company
of West Virginia,
N.P. JOHNSON,
NORMAN L. BOTKIN,
and WOOD COUNTY SHERIFF/TREASURER,
Respondents.
NOTICE OF PUBLICATION
To the Above-Named Respondents and other lawful claimants:
The object of the above proceeding is to condemn certain property of the Respondents, or in which the Respondents have an interest, for public purposes for a right of way for constructing the relocation of County Route 21/17 in order to ease the flow of traffic with the construction of the new West Virginia State Route 14 as part of the Project âMineral Wells/Pettyville,ã designated as Project No. U354-14-8.69, STP-0014(112)D, the property proposed to be condemned being a part of Parcel No. 16 of the Project, as designated on the Plans and Profile of the project filed in the Office of the Clerk of the County Commission of Wood County, West Virginia.
The property to be condemned for the purpose aforesaid is more particularly described as follows:
PARCEL 16, TRACT 1äCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the southern existing right of way line of Wood County Route 21/17, said point being in the division line between Larry M. Wilson and Frank L. Athey, et al. and 83 feet radially left of relocated WV Route 14 centerline at Station 29+00, Project U354-14-8.69 00, STP-0014(112)D, Wood County, West Virginia;
thence, southeasterly, with said division line 134 feet, more or less, to a point in the eastern proposed controlled access right of way line of relocated WV Route 14, said point being 117 feet radially left of centerline at Station 30+41;
thence, southerly, with said controlled access right of way line 185 feet, more or less, to appoint 104 feet radially left of centerline at Station 32+44;
thence, southeasterly, continuing with said proposed controlled access right of way line 544 feet, more or less, to a point in the easternmost property line, said point being 124 feet left of and at right angle to centerline at Station 37+97;
thence, southeasterly, with said easternmost property line and continuing with said proposed controlled access right of way line 424 feet, more or less, to a point in the division line between William J. Patton and Norma L. Patton and Frank L. Athey, et al., said point being 106 feet left of and at right angle to centerline at Station 42+20;
thence, southeasterly, with said division line 81 feet, more or less, to a point common to William J. Patton and Norma L. Patton, Roger Rawson and Karen Rawson and Frank L. Athey, et al., said point being 103 feet left of and at right angle to centerline at Station 43+01;
thence, southeasterly, with the division line between Roger Rawson and Karen Rawson and Frank L. Athey, et al., 361 feet, more or less, to a point common to Roger Rawson and Karen Rawson, James P. Morton and Lois G. Morton and Frank L. Athey, et al., said point being 88 feet left of and at right angle to centerline at Station 46+61;
thence, southeasterly, with the division line between James P. Morton and Lois G. Morton and Frank L. Athey, et al., 215 feet, more or less, to appoint common to James P. Morton and Lois G. Morton BSW Company, LLC, and Frank L. Athey, et al., said point being 78 feet left of and at right angle to centerline at Station 48+81;
thence, southwesterly, with the division line between BSW Company, LLC, and Frank L. Athey, et al 123 feet, more or less, to appoint common to BSW Company, LLC, Fred M. Ruble and Mark E. Ruble, and Frank L. Athey, et al., said point being 44 feet right of and at right angle to centerline at Station 48+81;
thence, southwesterly, with the division line between Freda M. Ruble and Mark E. Ruble, and Frank L. Athey, et al., 89 feet, more or less, to appoint in the western proposed controlled access right of way line of WV Route 14, said point being 133 feet right of and at right angle to centerline at Station 48+81;
thence, northwesterly, with said proposed controlled access right of way line 1,666 feet, more or less, to appoint 116 feet radially right of centerline at Station 32+16;
thence, northerly, continuing with said proposed controlled access right of way line 109 feet, more or less, to a point in the division line between Joanne Athey and Frank L. Athey, et al., said point being 103 feet radially right of centerline at Station 31+16;
thence, northeasterly, with said division line 12 feet, more or less, to a point 92 feet radially right of centerline at Station 31+14;
thence, northwesterly, continuing with said division line 42 feet, more or less, to a point in the proposed controlled access right of way line, said point being 101 feet radially right of centerline at Station 30+76;
thence, northerly, with said proposed controlled access right of way line 111 feet, more or less, to appoint in the southern existing right of way line of Wood County Route 21/17, said point being 101 feet radially right of centerline at Station 29+68;
thence, northeasterly, meandering with said existing right of way line 196 feet, more or less, to the place of beginning and containing 10.03 acres, more or less.
PARCEL 16, TRACT 2– NONCONTROLLED ACCESS RIGHT OF WAY
BEGINNING at a point in the western proposed noncontrolled access right of way line of relocated WV Route 14, said point being in the western proposed controlled access right of way line of relocated WV Route 14 and 130 feet right of and at right angle to relocated WV Route 14 centerline at Station 46+81, Project U354-14-8.69 00, STP-0014(112)D, Wood County, West Virginia;
thence, southeasterly, with said proposed controlled access right of way line 195 feet, more or less, to appoint in the division line between Freda M. Ruble and Mark E. Ruble, and Frank L. Athey, et al., said point being 133 feet right of and at right angle to centerline at Station 48+81;
thence, southwesterly, with said division line 34 feet, more or less, to appoint common to Freda M. Ruble and Mark E. Ruble, James L. Ennos, and Frank L. Athey, Jr., et al., said point being 166 feet right of and at right angle to centerline at Station 48+81;
thence, with the division line between James L. Ennos, and Frank L. Athey, Jr., et al., 44 feet, more or less, to a point in the western proposed noncontrolled access right of way line, said point being 210 feet right of and at right angle to centerline at Station 48+80;
thence, northerly, with said proposed noncontrolled access right of way line 104 feet, more or less, to a point 216 feet right of and at right angle to centerline at Station 47+77;
thence, northerly, continuing with proposed noncontrolled access right of way line 129 feet, more or less, to the place of beginning and containing 12,336 square feet (0.28 Ac.), more or less.
The tracts of land hereinabove described are a portion of that same real estate conveyed unto Frank L. Athey, Jr. (1/3 interest), Brenda Klamut (1/3 interest), and David E. Athey (1/3 interest), as Trustees of the Frank L. Athey, Jr. Irrevocable Trust by the following deeds:
- 1/6 interest from Frank L. Athey, Jr., Brenda L. Klamut, and David E. Athey, by deed dated August 11, 1997, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 973 at Page 218.
- 1/6 interest from Frank L. Athey, Jr., Brenda L. Klamut, and David E. Athey, by deed dated August 11, 1997, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 973 at Page 229.
- 1/6 interest from Frank L. Athey, Jr., Brenda L. Klamut, and David E. Athey, by deed dated August 11, 1997, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 973 at Page 214.
- 1/6 interest from Frank L. Athey, Jr., Brenda L. Klamut, and David E. Athey, by deed dated August 11, 1997, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 973 at Page 225.
- 1/6 interest from Frank L. Athey, Jr., Brenda L. Klamut, and David E. Athey, by deed dated August 11, 1997, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 973 at Page 210.
- 1/6 interest from Frank L. Athey, Jr., Brenda L. Klamut, and David E. Athey, by deed dated August 11, 1997, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 973 at Page 233.
The above-named Respondents are hereby notified:
- that the above-styled condemnation proceeding was instituted in the Circuit Court of Wood County on December 11, 2017, to take and appropriate the above described property for the purposes aforesaid;
- that you may serve upon Ashley D. Wright, Esq., West Virginia Division of Highways, 1900 Kanawha Boulevard, East, Building 5, Room A-517, Charleston, West Virginia, 25305, an answer to the Petition filed herein;
- that a copy of the Petition may be obtained from the Clerk of the Circuit Court of Wood County;
- that a hearing to determine the right of the Petitioner to take, appropriate and use the above-described land will be held on March 12, 2018, at 11:00 A.M. before the Honorable Judge Wharton at the Wood County Judicial Building, 2 Government Square, Room 131, West Virginia, West Virginia, West Virginia, or as soon thereafter as counsel may be heard;
- that Land Commissioners may be selected, whose purpose will be to determine just compensation for the land proposed to be taken and for damages, if any, to the residue, and
- that any and all other proceedings may be held and had as may be proper, at which time and place you, and each of you, are hereby notified to be present to protect your interests in said proceeding
Dated this _11_ day of __December___, 2017.
THE WEST VIRGINIA DEPARTMENT OF
TRANSPORTATION,
DIVISION OF HIGHWAYS,
By Counsel,
/s/: Ashley D. Wright, WV State Bar #11724
West Virginia Division of Highways
Legal Division, Room A-517, Building 5
1900 Kanawha Boulevard East
Charleston, West Virginia 25305-0430
Counsel for Petitioner
(304) 558-9279 Fax: (304) 558-3035
Ashley.D.Wright@wv.gov
Counsel for Petitioner
Jan 8, 15