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IN THE CIRCUIT COURT OF PUTNAM COUNTY,
WEST VIRGINIA

THE WEST VIRGINIA
DEPARTMENT OF
TRANSPORTATION,
DIVISION OF
HIGHWAYS,
Petitioner,

CASE NO.:
19-C-27___________

PROJECT NO.:
U340-64-41.37 00;
NHPP-064(347)
PARCEL NO.: 6,
Putnam County

v.

NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia Corporation; APPALACHIAN POWER COMPANY, a Virginia Corporation; the known and unknown heirs at law or devises of ANDERSON DUDDING, AMY DUDDING, LEWIS F. BOWLING, ANNIE M. BOWLING, MOLLIE F. BOWLING, JOHN A. BOWLING and/or JAMES S. BOWLING; the unknown entities or persons that entered into fiber optic installation and/or maintenance agreements with Consolidated Rail Corporation; and the PUTNAM COUNTY SHERIFF/ TREASURER,
Respondents.
ORDER 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, widening, straightening, grading, altering and otherwise improving a certain public road in Poca District, Putnam County, West Virginia, known as Project No.: U340-64-41.3700, NHPP-0641 (347), the property proposed to be condemned being a part of Parcel No. 6 of the Project. A set of plans or maps for the project that shows the planned right of way is available for review in the DOH offices of District 1 that is located in Charleston, West Virginia.
The property to be condemned for the purpose aforesaid is more particularly described as follows:
PERMANENT AERIAL EASEMENT
"BEGINNING at a point in the western existing right of way line of Norfolk Southern Railway, said point being in the northern proposed permanent aerial easement line of Interstate 64 and 134 feet left of and at right angle to Interstate 64 relocated centerline at Station 672+45 equals 33 feet right of railroad Valuation baseline at Station 15507+83, Project U340-64-41.3700, NHPP-0641(347), Putnam County, West Virginia;

thence, southeasterly, with said proposed aerial easement line 67 feet, more or less, to a point in the eastern existing right of way line of Norfolk Southern Railway, said point being 133 feet left of and at right angle to Interstate 64 centerline at Station 673+12 equals 33 feet left of railroad Valuation baseline at Station 15507+95;

thence, southerly, with said existing railway right of way line 74 feet, more or less, to a point in the northern existing controlled access right of way line of Interstate 64, said point being 60 feet left of and at right angle to Interstate 64 centerline at Station 673+23 equals 33 feet left of railroad Valuation baseline at Station 15508+68;

thence, northwesterly, with said existing I-64 right of way line 67 feet, more or less, to a point in the western existing right of way line of Norfolk Southern Railway, said point being 60 feet left of and at right angle to Interstate 64 centerline at Station 672+57 equals 33 feet right of railroad Valuation baseline at Station 15508+58;

thence, northerly, with said existing railway right of way line 75 feet, more or less, to the point of beginning and containing 4,905 square feet, more or less.

The tract of land hereinabove described is a portion of that same real estate conveyed unto Pennsylvania Lines, LLC, a Delaware limited liability company, also known as Norfolk Southern Railway Company, from Consolidated Rail Corporation, a Pennsylvania corporation by Quitclaim deed dated June 1, 1999, of record in the Office of the County Commission of Putnam County, West Virginia, in Deed Book 402 at Page 541."
It appearing that the aforesaid some of the Respondents are unascertainable and/or the identity and addresses of certain named respondents are unknown to the Petitioner, the above-named respondents are hereby notified:
1. that the above-styled condemnation proceeding was instituted in this Court on February 1, 2019, to take and appropriate the above-described property for the purposes aforesaid, in which the above-named Respondents may have an interest;
2. that you must, within thirty (30) days, serve upon Travis S. Haley, Esq., West Virginia Division of Highways, 1900 Kanawha Boulevard, East, Building 5, Room A-517, Charleston, West Virginia, 25305, your answer to the Petition filed herein;
3. that if you fail to file an answer within thirty (30) days, judgment by default may be taken against you for the relief demanded in the Petition and you will thereafter be barred from asserting in another action any claim you may have which may be asserted by counterclaim in the above-styled civil action;
4. that a copy of the Petition may be obtained from the Clerk of the Circuit Court of Monongalia County;
5. that a hearing to determine the right of the Petitioner to take, appropriate and use the above-described land will be held on April 26, 2019, at 9:00 a.m., before the Honorable Judge Reeder, at the Putnam County Courthouse, 12093 Winfield Road, Winfield, West Virginia, or as soon thereafter as counsel may be heard;
6. 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
7. 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 1st day of February, 2019.

ATTEST:
Ronald C. Stone
Clerk of the Circuit
Court of Putnam
County, West Virginia

Prepared by:

Travis S. Haley
WV State Bar No. 6038
West Virginia Division
of Highways
Legal Division,
Room A-517, Building 5
1900 Kanawha
Boulevard East
Charleston,
West Virginia 25305-0430
(304) 558-9287
Fax: (304) 558-3035

(697730)


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