NOTICE IN THE CIRCUIT COURT OF CABELL COUNTY, WEST VIRGINIA UPON PROCEEDINGS TO CONDEMN LAND FOR PUBLIC USE. PROJECT NO. U306-10-13.36 00 PARCEL NO. 2 CIVIL ACTION NO. 17-C-144 JUDGE: Hon. Paul T. Farrell WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, a State Agency, Petitioner, vs. HOWARD L. BARBOUR; NATIONSTAR MORTGAGE LLC, a foreign Limited Liability Company; BANK OF AMERICA/CONSUMER LOAN PROCESSING; BRUCE A. TONEY, Trustee; ANDREW N. MILLER, Trustee, HOWARD BARBOUR JR.; W. MERTON PRUNTY, Trustee; PAUL J. PRUNTY, Trustee; DAVID R. BARBOUR; APPALACHIAN POWER COMPANY; TERRY GAS COMPANY or any successor; INDUSTRIAL GAS CORP. or any successor; 7 D GAS SUPPLY CORP.; HOWARD BARBOUR SR. or any unknown heir; ELIZABETH BARBOUR or any unknown heir, EDGAR BARBOUR or any successor in title to his easement, TTJ, Inc., a West Virginia Corporation and; CHUCK ZERKLE Sheriff of Cabell County Defendants. ORDER OF PUBLICATION The object of the above entitled action is to condemn certain real estate for public purposes under the provisions of Code 54-2-14a of the Official Code of the State of West Virginia of 1931, as amended from those among those entitled thereto. The lands over, through and from which said rights of way and easements for said public purposes are proposed to be taken in the proceeding and the specific rights of way and easements therein, which are herein sought, are: All that certain property is situate in Guyandotte District, Cabell County, West Virginia, and is more particularly bounded and described as follows, to-wit: TRACT 1 - NONCONTROLLED ACCESS RIGHT OF WAY BEGINNING at point in the western proposed noncontrolled access right of way line of relocated WV Route 10, said point being in the western existing right of way line of WV Route 10 and 65 feet radially right of relocated WV Route 10 centerline at Station 534+60, Project U306-10-13.36, Cabell County, West Virginia; thence, southeasterly, meandering with said existing right of way line 146 feet, more or less, to a point in the division line between TTJ, Inc. and Howard L. Barbour, said point being 59 feet radially right of centerline at Station 535+93; thence, southerly, with said division line 49 feet, more or less, to a point in the western proposed noncontrolled access right of way line of WV Route 10, said point being 108 feet radially right of centerline at Station 535+92; thence, northeasterly, with said proposed noncontrolled access right of way line 95 feet, more or less, to a point 98 feet radially right of centerline at Station 535+10; thence, northeasterly, continuing with said proposed noncontrolled access right of way line 65 feet, more or less, to the place of beginning and containing 4,860 square feet, more or less. TRACT 2 - TEMPORARY STRUCTURE REMOVAL EASEMENT BEGINNING at a point in the proposed temporary structure removal easement line of relocated WV Route 10, said point being in the western proposed noncontrolled access right of way line of WV Route 10 and 98 feet radially right of WV Route 10 centerline at Station 535+10, Project U306-10-13.36, Cabell County, West Virginia; thence, southeasterly, with said proposed noncontrolled access right of way line 87 feet, more or less, to a point in the western proposed temporary structure removal easement line, said point being 107 feet radially right of centerline at Station 535+85; thence, southwesterly, with said proposed temporary structure removal easement line 89 feet, more or less, to a point 145 feet radially right of centerline at Station 535+80; thence, westerly, continuing with said proposed temporary structure removal easement line 98 feet, more or less, to a point 150 feet radially right of centerline at Station 535+00; thence, northeasterly, continuing with said proposed temporary structure removal easement line 53 feet, more or less, to the place of beginning and containing 4,167 square feet, more or less. The tracts of land hereinabove described is a portion of that same property conveyed to Howard L. Barbour by two deeds, first from Mary Elizabeth Barbour, by Deed dated December 6, 1996, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 1017, at page 489 and second from David R. Barbour by Deed dated September 29, 1999, recorded in the aforesaid clerk's office in Deed Book 1054, at page 681. It appearing by affidavit filed in this action there are certain persons whose whereabouts are presently unknown to the Petitioner, to wit: Howard Barbour Sr., Elizabeth Barbour and Edgar Barbour, to the extent the same are still living. Also there appear to be certain corporate entities about which the Petitioner has been presently unable to ascertain further information, to wit: Terry Gas Company and Industrial Gas Corp. Further, because of the unknown living or deceased status of the said individuals as well as the unknown status of the said corporate entities, there are or may be persons, other than those named in the Application as Defendants, interested in the subject matter of the action, whose names are unknown to the Petitioner and who are made Defendants by the general description of unknown heirs and/or successors of the said individuals and/or corporations respectively. It is therefore Ordered that the above described person(s) do appear and serve upon Charles Houdyschell Jr., Petitioner's Attorney, whose address is P.O. Box 880, Huntington, WV 25712, an answer or other defense to the Application filed in this action on or before April 15, 2017, otherwise judgment by default will be taken against them at any time thereafter. A copy of said Petition/Application can be obtained from the undersigned Clerk at his office located at the Cabell County Courthouse 750 5th Ave., Huntington, WV 25701. Entered this 2nd day of March, 2017. Jeffrey E. Hood, Clerk/Deputy LH-50917 3-4,11;2017
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