ADMINISTRATION TO CREDITORS,
DISTRIBUTEES & LEGATEES
Notice is hereby given that the following estate(s) have been opened for probate in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C, Marlinton, WV 24954-0209. Any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of West Virginia Code 41-5-11 through 13. Any interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file written notice of an objection with the County Commission within 60 days after the date of the first publication or within 30 days of the service of the notice, whichever is later.
If an objection is not filed timely, the objection is forever barred. Any claims against an estate must be filed within 60 days of the first publication of this notice in accordance with West Virginia Code 44-2 and 44-3A.
Settlement of the estate(s) of the following named decedent(s) will proceed without reference to a fiduciary commissioner unless within 60 days from the first publication of this notice a reference is requested by a party of interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
First Publication Date: Thursday, May 11, 2023
Claim Deadline: Monday, July 10, 2023
ESTATE NUMBER: 14477
ESTATE OF: DOUGLAS BARLETT CHADWICK
EXECUTRIX: Maureen Conley
16 Arlington Court
Charleston, WV 25301-1802
FIDUCIARY COMMISSIONER: J. Michael Anderson
474 Main Street
Rainelle, WV 25962-1239
ESTATE NUMBER 14487
ESTATE OF: FRANKLIN AUSTIN DAVIS-CURRY
EXECUTRIX: Melondy L. Hebb
154 Spruce Street
Parsons, WV 26287-1230
ESTATE NUMBER: 14495
ESTATE OF: JAMES STANLEY VANREENAN
EXECUTOR: Douglas Lantz
16792 Seneca Trail
Buckeye, WV 24924-9046
ESTATE NUMBER: 14518
ESTATE OF: VIRGINIA MAE REXRODE
ADMINISTRATOR CTA: David C. Rexrode
123 3rd Street
Durbin, WV 26264-1105
ESTATE NUMBER: 14519
ESTATE OF: CAROLYN RAE PHILLIPS
EXECUTRIX: Karen Murphy
12745 Potomac Highland Trail
Durbin, WV 26264-8513
ESTATE NUMBER: 14523
ESTATE OF: ROSE MARIE GALFORD
ADMINISTRATRIX: Amanda R. Galford
5462 Staunton Parkersburg Turnpike
Bartow, WV 24920-8002
Subscribed and sworn to before me on May 5, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
5/11/2c
ADMINISTRATION TO CREDITORS,
DISTRIBUTEES & LEGATEES
Notice is hereby given that the following estate(s) have been opened for probate in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C, Marlinton, WV 24954-0209. Any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of West Virginia Code 41-5-11 through 13. Any interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file written notice of an objection with the County Commission within 60 days after the date of the first publication or within 30 days of the service of the notice, whichever is later.
If an objection is not filed timely, the objection is forever barred. Any claims against an estate must be filed within 60 days of the first publication of this notice in accordance with West Virginia Code 44-2 and 44-3A.
Settlement of the estate(s) of the following named decedent(s) will proceed without reference to a fiduciary commissioner unless within 60 days from the first publication of this notice a reference is requested by a party of interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
First Publication Date: Thursday, May 11, 2023
Claim Deadline: Monday, July 10, 2023
ESTATE NUMBER: 14522
APPOINTMENT DATE: May 1, 2023
ESTATE NAME: CHARLOTTE MAXINE SHULTZ
ANCILLARY ADMINISTRATRIX: Sherry S. Sullenberger
8854 Mill Gap Road.
Monterey, VA 24465-2460
Subscribed and sworn to before me on May 2, 2023.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
5/11/2c
IN THE CIRCUIT COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
TOP OF THE WORLD CONDOMINIUM AT SNOWSHOE UNIT OWNERS ASSOCIATION, INC., and LEATHERBARK CONDOMINIUM ASSOCIATION, INC.,
Plaintiffs
v. Civil Action No.: 20-C-28
Judge: Robert E. Richardson
ROBERT EDWARD OWENS, a/k/a Bob Owens, CANDY L. OWENS, ROBERT DEAN CLEVENGER, ESTATE OF W.E. SINGLETON, ESTATE OF E. HATCHER CRENSHAW, JR., and POCAHONTAS COUNTY PUBLIC SERVICE DISTRICT,
Defendants.
NOTICE TO SALE OF VALUABLE REAL ESTATE
Pursuant to the authority vested in me by the Order of the Circuit Court of Pocahontas County, West Virginia in the above-styled matter, entered on the 30th day of June, 2022, I, as Special Commissioner of said Court shall, on the 27th day of May, 2023, commencing at 1:30 o’clock p.m., proceed to sell, at the front steps of the Pocahontas County Courthouse located at 900 10th Avenue, Marlinton, West Virginia 24954, at public auction to the highest responsible bidder, the following described three (3) tracts of real estate:
PARCEL ONE: All of Unit No 204-A of Top of the World Condominium, as the same is laid out and shown upon a Declaration, including the accompanying Exhibits thereto, of Top of the World Condominium, dated October 15, 1982, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 167 at page 496, Exhibit 3 Bylaws of the Top of the World Condominium at Snowshoe Unit Owners Association, Inc., together with a 0.8929% undivided interest, as an All of in common in and to the common elements which are assigned to said Residence Unit as described in the aforementioned Declaration pursuant to Chapter 36A of the Code of West Virginia of 1931, as Amended.
And being the same property conveyed to Robert Dean Clevenger by Robert E. Owens, by Deed dated February 28, 2011, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia in Deed Book 330, Page 678.
PARCEL TWO: All of Unit No. 205-A of Top of the World Condominium, as the same is laid out and shown upon a Declaration, including the accompanying Exhibits thereto, of Top of the World Condominium, dated October 15, 1982, and recorded aforesaid, together with a 0.8929% undivided interest, as a tenant in common in and to the common elements which are assigned to said Residence Unit as described in the aforementioned Declaration pursuant to Chapter 36A of the Code of West Virginia of 1931, as Amended.
And being the same property conveyed to Robert Dean Clevenger by Robert E. Owens, by Deed dated February 28, 2011, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia in Deed Book 330, Page 678.
PARCEL THREE: All of Residence Unit No. 208 in Building B of Leatherbark Condominium, as the same is shown on a Declaration Plan entitled: “MAP SHOWING DECLARATION PLAN FOR LEATHERBARK CONDOMINIUM A DEVELOPMENT OF SNOWSHOE COMPANY,” dated September 15, 1978, made by Edward M. Gwalthmey, Jr., Registered Architect and Hannah & Associates, Inc., and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Plat Book 2, at page 46-49, (hereinafter called “Declaration Plan”).
Together with a 2.0096% undivided interest, as tenants in common in and to the common elements which are assigned to said Residence Unit as described in a “Declaration Establishing A Plan For Condominium Ownership of a Multi-Unit Area Known As Leatherbark Condominium, A Condominium In The Snowshoe Resort, Edray District, Pocahontas County, West Virginia. Pursuant to Chapter 36A Of The Code of West Virginia of 1931, as Amended,” (also known as the Unit Property Act), (hereinafter called “Declaration”), which said Declaration is dated the October 1, 1978, as is of record in the aforementioned Clerk’s Office as hereinafter set forth.
And being the same property conveyed to Robert Edward Owens, Candy L. Owens, and Robert Dean Clevenger, by B.A. Compton, by Deed dated November 8, 1996, and recorded in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 243, Page 286.
Said parcels will be sold separately.
The sale shall be made with a special warranty of title and subject to all reservations, exceptions, covenants, restrictions, easements, limitations, conditions, mineral 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, to all unpaid or any accrued real estate taxes assessed against the real estate.
The Special Commissioner reserves the right to reject any and all bids.
Conveyance of the real estate shall be made by a Special Commissioner Deed in the form prescribed by W.Va. Code 38-1-6, subject to any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, assessments, easements, rights of way, mineral severances, and other encumbrances as have been created with respect to and/or imposed upon said real estate by the Grantor or its predecessors in interest in title prior to the recording of the Deed in the aforesaid Clerk’s office. All real estate, and any improvements located thereon, are sold in “AS IS” condition and are FINAL. The Special Commissioner does not make any representations or warranties as to the physical condition of the real estate. Prospective purchasers are responsible for inspecting the title to the real estate prior to the Special Commissioner Sale. Any and all legal procedural requirements to obtain physical possession of the real estate after the sale are the responsibility of the purchaser(s). Anyone interested in purchasing the subject real property should review the contents of this case file (Pocahontas County Civil Action No. 20-C-28), of record in the office of the Circuit Clerk of Pocahontas County County. Risk of loss or damage will be the purchasers from and after the sale. All outstanding taxes, assessments, and utility charges will be the responsibility of the purchaser(s). All settlement fees, costs of conveyance, examination of title, title fees, and recording charges will be at the expense of the purchaser(s) Special Commissioner makes no representation regarding the sale of title to the real estate. Purchaser(s) shall bear the responsibility and risk of any inspection of the real estate and shall take title to the real estate subject to any existing leases, land contracts, or other agreements recorded and unrecorded affecting the real estate. The purchaser(s) shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the real estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at the sale.
TERMS OF SALE: Ten percent (10%) of sale price, cash in hand on the day of sale, with the remainder due within thirty (30) days of sale.
All sales are subject to confirmation by the Circuit Court of Pocahontas County, West Virginia.
Robert P. Martin
Special Commissioner
I, Connie Carr, Clerk of the Circuit Court of Pocahontas County, West Virginia, do hereby certify that bond with surety approved by me as sufficient and in the sum provided by the Judge of the Circuit Court of Pocahontas County, West Virginia, has been given by the Special Commissioner.
Connie Carr,
Pocahontas County Circuit Clerk
5/4/4c
ADVERTISEMENT FOR BIDS
CITY OF PARSONS
BAD BUILDINGS DEMOLITION PROJECT – PHASE ONE
TUCKER COUNTY, WEST VIRGINIA
Sealed bids for the BAD Buildings Demolition Project – Phase One will be received by the City of Parsons, 341 Second Street, Parsons, Tucker County, West Virginia, until 2:00 p.m., L.P.T., on Wednesday, May 31, 2023; at which time bids will be publicly opened and read aloud.
The scope of work to be bid upon is as described as follows:
Demolition of the structures located at 193 Main Street, 170 Spruce Street, and 110 Pennsylvania Avenue, Parsons, Tucker County, West Virginia.
Work shall include asbestos testing, asbestos abatement, demolition, grading sites for positive drainage, and seeding and mulching the disturbed areas. Contractor is responsible for all traffic control, all necessary federal, state, and local permitting, removal of debris to a licensed landfill, coordinating for the disconnection of all utilities, and any other miscellaneous necessary for the demolition of said structures.
The contract will have a construction time limit of ninety (90) calendar days with liquidated damages of one-thousand ($1,000.00) dollars per day. Asbestos abatement must be performed in accordance with West Virginia Division of Health Legislative Rules Title 64 Series 63, OSHA Asbestos Construction Standard 29 CFR 1926.1101 and the EPA Asbestos NESHAP guidelines 40 CFR 61, Subpart M. A Notice of Abatement, Demolition or Renovation form must be submitted to the proper agencies, and a 10-day notice given prior to the commencement of abatement on this project.
Bidding documents may be obtained and/or examined at the City Code Enforcement Officer’s Office, City of Parsons, 341 Second Street, Parsons, West Virginia 26287.
A bidder may not withdraw their bid for a period of thirty (30) days after the date set for the opening of bids.
Bidders must hold a current West Virginia Contractor’s License on the date of bid opening.
A pre-bid conference will be held at the Charles W. “Bill” Rosenau Municipal Building located at 341 Second Street, Parsons, Tucker County, West Virginia, on Wednesday, May 10, 2023 at 10:00 a.m., L.P.T.
Bids received after the scheduled closing time for the reception of bids will be returned unopened to the bidders.
The City of Parsons reserves the right to reject any and all bids and to waive any informalities.
Bruce A. Kolsun, Acting Mayor
City of Parsons
5/11/2c
PUBLIC NOTICE
Forest Service Invites Public Input
on Special Use Permit Authorization
The Marlinton Ranger District on the Monongahela National Forest is proposing to authorize a special use permit, MAR261, to construct, maintain, and utilize a permitted use access road 20 feet wide and approximately 70 feet in length for passenger vehicle ingress and egress to a part of the landowner’s farmland that is currently inaccessible. The requested access road location will be tied into an existing unimproved road running through the landowner’s property on the north side of the requested access road. The property is located East of the Greenbrier River trail in the Huntersville district of Pocahontas County, West Virginia.
We anticipate this proposal to be categorically excluded from documentation in an Environmental Assessment (EA) or Environmental Impact Statement (EIS) under 36 CFR 220. 6(e) Category 3: Approval, modification, or continuation of special uses that require less than 20 acres of NFS lands.
Project information is available online at: https://www.fs.usda.gov/ sopa/forest-level.php?110921. Hard copies or additional information regarding this project can be requested from Sarah Dezelin, NEPA Planner, at Sarah.Dezelin@USDA.gov or 304-846-2696.
As a result of the Consolidated Appropriations Act of 2014 (Public Law No. 113-76) and the Agricultural Act of 2014 (Farm Bill, Public Law No. 102-381), the Forest Service will no longer offer appeal opportunities for categorically excluded projects. However, we will continue to offer public involvement opportunities for these projects and will take public comments into consideration before final decisions are made. Therefore, we welcome your involvement and encourage your comments on this proposal. Comments received, including names and contact information of those who comment, will be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, anonymous comments will not provide the agency with the ability to provide the respondent with subsequent environmental documents.
Written comments concerning this proposal will be accepted until May 25th, 2023.
Electronic comments including attachments must be submitted in a format such as an email message, plain text (.txt), portable document format (.pdf), or Word (.doc or .docx) to Comments-eastern-monongahela-gauley@usda.gov. Written comments must be submitted to: USDA Forest Service, Attn: Sarah Dezelin, 932 North Fork Cherry Road, Richwood WV, 26261. The office business hours for those submitting hand-delivered comments are: 8:00 am to 4:30 pm Monday through Friday, excluding holidays. Please state “Special Use Permit MAR261” in the subject line when providing electronic comments, or on the envelope when replying by mail.
5/11/1c
PUBLIC MEETING
The Pocahontas County Solid Waste Authority will hold a Public Stakeholders’ Meeting to discuss the future of solid waste management in our county on Thursday, May 18th , 2023 at 6:00 p.m. in the Circuit Court Room at Pocahontas County Courthouse. Local government leaders, commercial haulers, and other interested parties will be participating. The meeting will be moderated by Mark Holstine, Executive Director of the West Virginia Solid Waste Management Board.
Join by Zoom at https://us06web.zoom.us/j/84119837789 or by calling 1-253-205-0468 (Meeting ID: 841 1983 7789, Passcode: 113059)
Pocahontas County Solid Waste Authority
5/4/2c