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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
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May 6, 1999     Spirit of Jefferson Farmers Advocate
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May 6, 1999
 

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16 SPIRIT OF JEFFERSON Farmer's ADVOCATE - Thursday, May 6, 1999 ' ~hl i, PUBLIC HEARING BOARD OF ZONING APPEALS CITY OF CHARLES TOWN CHARLES TOWN, WV 25414 NOTICE is hereby given that a public hearing will be held on June 9, 1999, at 7:00 PM in the Council Room at City Hall on the corner of Washington and George Streets, Charles Town, West Virginia on the following application for "Variances". DOCKET NO. AP-0099-001: To hear a request for "Variances" by Terry L. Marcus for Turf, Limited Liability Corporation, 608 E. Wash- ington Street, Charles Town, West Virginia. The applicant desires to construct a new motel building that exceeds the height and set back requirements and to retain existing non conforming signs while placing additional signs on the new building. Application was denied by the City of Charles Town Zoning Adminis- trator for reason that Sections 11 f & g, 15.13, 15.27 and 15.39 of the Zoning Ordinance require "Variances" and approval by the Zoning Board of Appeals. A party may appear in person, by agent or by an attorney at law admitted to practice in the state. Any party desiring a transcript of these proceedings will be respon- sible for providing a competent stenographer at their own expense. The proceedings will be tape recorded. Annette van Hilst 4/29/2t Zoning Administrator NOTICE OF ZONING BOARD OF APPEALS PUBLIC HEARING Please take notice that a public hearing will be held on Thursday, May 20, 1999, at 3:00 p.m in the County Meeting Room located on the first floor at 108 East Washington Street, in the City of Charles Town, to consider public comments on the transferring of one nonconforming use submitted to the Zoning to another nonconforming use Board of Appeals for approval: Developer Location which has been Robert South side of Route 9 at its Florence intersection with Fox Glen Drive adjacent to the Fox Glen Subdivision Project Video Sales & Rental 50% of Floor Space is for Adult Videos Magazines & Novelties 4.65 Acres All persons and governmental units having an interest in said pro- posed change in nonconforming use are invited to attend this meeting. All of these sites will be posted with a green and white zoning sign. By Order of the Jefferson County Zoning Board of Appeals 4/29/2t Michael Meyers, Chairman City of Charles Town such user to pay and remit said fee Public Meeting Notice shall not receive the municipal The Mayor and City Council service of grass clipping pickup will hold a public hearing onand shall be solely responsible for May 17, 1999, at 7:30 p.m. atthe removal of any and all grass City Hall, 101 E. Washington clippings not having the appropri- Street, Charles Town, WV to ate sticker. receive comments on (b) The City, acting by and the following proposed through its proper officials, may Ordinance: proceed by action, suit, or any AN ADDITION TO THE other appropriate remedy pro- CODIFIED ORDINANCES OF vided by law, to cause the grass THE CITY OF CHARLES clippings to be removed if placed TOWN, WEST VIRGINIA at curbside without the appropri- WITH REGARD TO PART VII - ate-sticker. BUSINESS REGUI~TION 771.06 USE OF FUNDS AND TAXATION CODE All funds and income derived ARTICLE 771: MUNICIPAL under and by virtue of this Article SERVICE FEE FOR GRASS shall be segregated and used ex- CLIPPINGS PICKUP clusively for the purpose of the 771.01 PURPOSE City of Charles Town's Yard Waste There shall be established by Recycling program. 4/29/2t and through this Ordinance, a TRUSTF~'S SALE OF municipal service fee for the pur- VALUABLE REAL ESTATE pose of providing curbside grass The undersigned Substitute clipping pickup service. The fee Trustees, by virtue of the author- shall be established to assist the ity vested in them by that certain City of Charles Town with associ- Deed of Trust dated May 8, 1992, ated Yard Waste Recycling pro- and duly recorded in the Office of gram costs, the Clerk of the County Commis- 771.02 USER DEFINED sion of Jefferson County, West Vir- The users of said service areginia, in Deed Book 712 at page hereby declared to be the occu- 723, William G. Manning, unmar- pants, whether tenants or owners ried, did convey unto Robert C. of all residential premises (which Brown and Lawrence E. Rink, term includes houses, townhomes, Trustees, certain real property de- apartments and duplexes) and all scribed in said deed of trust; and business premises, (which term the beneficiary has elected to ap- includes all business involving the point Richard A. Pill and David D. sale of tangible personal property Pill as Substitute Trustees by a or the rendering of a service with Substitution of Trustee recorded the object of economic benefit) in the aforesaid Clerk's Office; and within the City of Charles Town. default having been made under 771.03 FEES the aforementioned Deed of Trust, (a) For the purpose of providing and the undersigned Substitute curbside grass clipping pickup Trustees having been instructed services within the City of Charles by the secured party to foreclose Town there is hereby imposed thereunder, will offer for sale at upon the users thereof, that is to public auction at the front door of say, collectively upon the occu- the Jefferson County Courthouse, pants of each residential premise, in Charles Town, West Virginia, and each business premise from on and after July 1, 1999, a fee or THURSDAY, MAY 13, 1999, at charged of twenty-five cents 2:15 O'CLOCK P.M. ($0.25) per bag. This fee shall be the following described real es- prepaid in exchange for individual tate, with its improvements, ease- stickers to be placed on each bag. ments and appurtenances there- All bags shall be paper in nature unto belonging, situate in the and not exceed thirty (30) gallons. Kabletown District, Jefferson Bags shall not contain tape, County, West Virginia, and more staples, plastic or any materials particularly described as follows: that do not decompose. All those two certain lots or ARTICLE 771: MUNICIPAL parcels of real estate situate on SERVICE FEE FOR GRASS the east side of the Shenandoah CLIPPING PICKUP River in the Kabletown District, (b) The Treasurer shall be re- Jefferson County, West Virginia, sponsible for making available the and being more particularly stickers to be purchased either at bounded and described as follows: City Hall or by prepaid mailing. Being all of Lot 28, SeCtion 4-C (c) The user of said municipal and Lot 35 of Section 9-F as the service may be the owner of record same are designated and de- or the tenant of a residential unit, scribed on plats of the subdivision the owner or tenants or occupants thereof, made for Shannondale, of the residential unit of a multi- Inc by Holmead and Frey, Sur- family dwelling or apartment veyors, the plat of Lot 28 being house, or the owner or owners of a dated July, 1958, and recorded in business establishment or a corpo- the Office of the Clerk of the ration owning or occupying a busi- County Commission, Jefferson ness establishment, or their ten- County, West Virginia, in Deed ants within the City of Charles Book 226, at page 161, and the Town, and shall be liable to the plat of Lot 35 being dated March, City for said charges. 1958, and recorded in the afore- 771.04 APPEAL said Clerk's Office in Deed Book Any person feeling aggrieved by the imposition of a specific 223 at page 507. Kabletown Dis- charge hereunder may protest the trict, Map 6E, Parcel 131. same in writing filed with the City This conveyance is made, how- Clerk, and has the right to be ever, subject to all of those certain heard thereon in person or byrestrictions, restrictive covenants, agent or attorney before Council. reservations, easements and other If Council finds the charge to be matters more particularly set erroneous or improper, Council forth in two deeds of record in the shall correct or annul the same as aforesaid Clerk's Office in Deed the circumstance may require.Book 260 at page 325 and Deed Book 309 at page 199. 771.05 COLLECTION OF FEES This property is reported to AND PENALTIES have a mailing address of: 3 Moon- (a) The fees or charges shall be shine Lane, Harpers Ferry, WV prepaid and remitted to the City of 25425. Charles Town. The failure of anyAND BEING the same real es- tate which was conveyed to Will- iam G. Manning, divorced, by deed dated June 20, 1990, from Harinder S. Sidhu and Suzanne Sidhu, husband and wife, and re- corded in the Office of the Clerk of the County Commission of Jeffer- son County, West Virginia, in Deed Book 660 at page 651. ~rhe above described property will be sold subject to any cov- enants, restrictions, easements, leases and conditions of record, and subject further to any unpaid real estate taxes. The subject property will be sold in "AS IS" condition. The Substitute Trustees shall be under no duty to cause any existing ten- ant or person occupying the sub- ject property to vacate said prop- erty. TERMS: Ten percent (10%) of the purchase price as a cash de- posit with the balance due and payable within 30 days of the day of sale. David D. Pill, Substitute Trustee Richard A. Pill, Substitute Trustee P.O. Box 440 1444-A Edwin Miller Blvd Martinsburg, WV 25401 4/22/3t (304) 263-4971 TRUSTEE'S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust dated March 22, 1994, and duly recorded in the Office of the Clerk of the County Commis- sion of Jefferson County, West Vir- ginia, in Deed Book 773 at page 403, Colin P. Craig, an unmarried man, did convey unto Allen Weller, Trustee, certain real property de- scribed in said deed of trust; and the beneficiary has elected to ap- point Richard A. Pill as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk's Office; and default having been made under the aforemen- tioned Deed of Trust, and the un- dersigned Substitute Trustee hav- ing been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Jefferson County Courthouse, in Charles Town, West Virginia, on THURSDAY, MAY 13, 1999, at 2:05 O'CLOCK P.M. the following described real es- tate, with its improvements, ease- ments and appurtenances there- unto belonging, situate in the Charles Town District, Jefferson County, West Virginia, and more particularly described as follows: Lot 62, 63 and 64 in Section 1-H of the Shannondale Subdivision in Charles Town District, Jefferson County, West Virginia, as said lots are described on a plat of record in the Office of the Clerk of the County Commission of said county in Deed Book 216 at page 43, to which plat reference is made for a more particular description. This property is reported to have a mailing address of 699 Deerfoot Road, Harpers Ferry, WV 25425. AND BEING the same real es- tate which was conveyed to Colin Patrick Craig by deed dated May 31, 1991, from Denise Lynn Mullen, single, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 684 at page 590. The above described property will be sold subject to any cov- enants, restrictions, easements, leases and conditions of record, and subject to any unpaid real es- tate taxes. The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing ten- ant or person occupying the sub- ject property to ~vacate said prop- erty. TERMS: Ten percent (10%) of the purchase price as a cash de- posit with the balance due and payable within 30 days of the day of sale. Richard A. Pill, Substitute Trustee P.O. Box 440 1444-A Edwin Miller Blvd Martinsburg, WV 25401 4/2213t (304) 263-4971 NOTICE OF PENDING OR UNADMINISTERED ESTATE Notice is hereby given that settlement of the estate of the fol- lowing named decedents will pro- ceed without reference to a fidu: ciary commissioner unless within ninety days from the first publica- tion of this notice such reference is requested by a party in i terest or an unpaid creditor files a claim and good cause is shown to sup- port such reference to a fiduciary commissioner. Marion M. Pahl Ethel M. Braxton Dated this 29th day of April, 1999. John E. Ott Clerk of the County Commission of Jefferson County, WV By Robin J. Gaynor, 4/29/2t Deputy NOTICE OF TRUSTEE SALE Pursuant to the authority vested in the undersigned by deed of trust dated the 16th day of March, 1978, signed by Archie Wise Caniford and Martha A. Caniford, husband and wife, to Ernest S. Fragale and Linda J. Gimmel, Trustees, which said deed of trust is of record in the Of- fice of the Clerk of the County Commission of Jefferson County, West Virginia, in Trust Deed Book 436, at page 595, and the under- signed, R. Vance Golden, III, Trustee having been requested so to do by the Lender, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning accelera- tion having been complied with by the Lender and present holder of the note, said Trustee will sell at public auction at 4:31 o'clock, p.m. on the 20TH DAY OF MAY 1999 at the front door of the Courthouse in Jefferson County, West Vir- ginia, the following real estate lo- cated and being situate in the Magisterial District of Charles Town, County of Jefferson, and State of West Virginia, more par- ticularly described as follows: All that certain parcel of land located just north of the Town of Ranson, and being all of Lot C-27 in the Orchard Hills Subdivision, as said lot is bounded and de- scribed in a plat of said subdivi- sion, made by C. R. Atherton, C.E dated September 30, 1968, and re- corded in the Office of the Clerk of the County Commission of Jeffer- son County, West Virginia, in Plat Book 1 at page 37, as revised by three plats, the first by C. R. Atherton, C.E dated May 18, 1971, and recorded in the said Clerk's Office in Plat Book 1, at page 189, and the second by A. G. Hooper, Jr. dated May 28, 1971, and recorded in said Clerk's Office in Plat Book 1 at page 193, and the third by John S. Kusner, S.J.R dated March 23, 1972, and re- corded in said Clerk's Office in Plat Book 2 at page 301. This conveyance is made sub- ject, however, to all those reserva- tions, restrictions, easements and road fees as contained in the aforementioned deed to the Grant- R. Place and Ann F. Place, hus- band and wife, by The Whitmore Lumber Company, Inc a West Virginia corporation, by deed dated December 11, 1986, and re- corded in the Office of the Clerk of the County Commission of Jeffer- son County, West Virginia, in Deed Book No. 569, at page 227. The above described property will be sold subject to any cov- enants, restrictions, easements, leases and conditions of record, and subject further to any unpaid real estate taxes or priority lien- able assessments. The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing ten- ant or person occupying the sub- ject property to vacate said prop- erty. TERMS: Ten percent (10%) of the purchase price as a cash de- posit with the balance due and payable within thirty (30) days of this day of sale. Christopher D. Janelle, Substitute Trustee 125 East King Street, Martinsburg, WV 25401 4/29/2t (304) 267-0904 NOTICE OF TRUSTEE SALE Pursuant to the authority vested in the undersigned by deed of trust dated the 26th day of Feb- ruary, 1992, signed by Anne Col- leen Johnson McDonald and Timothy P. McDonald, her hus- band, to Douglas S. Rockwell and David Layva, Trustees, which said deed of trust is of record in the Of- fice of the Clerk of the County Commission of Jefferson County, West Virginia, in Trust Deed Book 704, at page 450, and the under- signed, R. Vance Golden, III, Trustee having been requested so to do by the Lender, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning accelera- tion having been complied with by ORDER OF IN THE CIRCUIT JEFFERSON WEST VIRGINIA' JOEL A. ROWE, Plaintiff VS. CHERYL E. ROWE,: Defendant CIVIL ACTION NO. 1. The object of this obtain a divorce from matrimony. To the Above Named dant: It appearing by in this action that Rowe may be a the State of West hereby ordered that Rowe serve upon Pe~ Pentony, Plaintiff's whose address is P.O. Charles Town, West Vir 25414, an answer, related counter-claim or you may have to the filed in this action 1999. If you fail to do so, t ter judgment, upon ing and trial, may be against you for the manded in the complaint. A copy of said corn obtained from the Clerk at her office. Entered by the Clerk Court 4-26-99. Patricia A. CLERK OF By: 4/29/2t De ITEMS FOR BID JAMES RUMSEY TECHNICAL ROUTE 6, WV The following by sealed bid at the sey Technical Institute: 1. 8'X8' refri play case - Buchbinder 2. Commercial 36'X72' aluminum rigid Thermoclear covering. The Administrative the James Rumsey stitute reserves the or reject any or all bids above items. These items i ing sold ASIS and are note by warranty, either implied. The successful responsible for the and removal Bids are to be mailed C. Spears, Director, sey Technical Institute Box 268, Martinsburg, Please mark BID on the Bids are to be received p.m on Friday, May 14, The items for bid spected Monday through 8:00 a.m. through 2:40 James Rumsey tute. ors. the Lender and present holder of The above described real estate the note, said Trustee will sell at is reported to have a mailing ad- public auction at 4:30 o'clock, p.m. dress of: on the 200 Peach Tree Drive, Ranson, 20TH DAY OF MAY 1999 WV 25438. at the front door of the Courthouse in Jefferson County, West Vir- TERMS OF SALE: Cash in ginia, the following real estate, hand on day of sale or within 14 more particularly described as fol- days of date of sale upon terms to lows: be agreed upon between TrusteeAll those certain parcels of real and successful bidder; paymentestate, with the improvements for unpaid real estate taxes to be thereon, situate in the Kabletown assumed by the purchaser. District, of Jefferson County, West Any sale hereunder may be ad- Virginia, known and designated journed from time to time without as Lots Nos. 50 and 53, Section 1- any notice other than oral procla- G, of the Shannondale Subdivi- mation at the time and place ap- sion, as shown upon that certain pointed for this sale or by posting plat dated July 15, 1955, and re- of a notice of same. Any sale may corded in the Office of the Clerk of be conducted or adjourned by the the County Commission of Jeffer- designated agent or attorney of son County, West Virginia, in the Trustee. The undersigned is Deed Book 206 at page 410. fully vested with the authority to The above described real estate ORDER sell said property as substituted is reported to have a mailing ad-CIRCUIT Trustee by instrument to be re- dress of: JEFFERSON corded. Lots 50 and 53, Harpers Ferry, WEST R. VANCE GOLDEN, III, WV 25425. Paul E. Johnson, Trustee TERMS OF SALE: Cash in Plaintiff 543 Fifth Street, hand on day of sale or within 14 V. P.O. Box 81days of date of sale upon terms to Michele D. Parkersburg, WV 26102be agreed upon between Trustee Defendant 4/29/4t Telephone (304) 485-3851 and successful bidder; payment CivilAction No. - TRUSTEE'S SALE OF for unpaid real estate taxes to be THE OBJECT OF V,4~LUABLE REAL ESTATE assumed by the purchaser. IS TO OBTAIN The undersigned Substitute Any sale hereunder may be ad- To the Above Named Trustee, by virtue of the authority journed from time to time without dant: vested in him by that certain Deed any notice other than oral procla- It appearing by of Trust dated November 16, 1995, mation at the time and place ap- in this action that and duly recorded in the Office of pointed for this sale or by posting Johnson is a the Clerk of the County Commis- of a notice of same. Any sale may State of West Virginia, it sion of Jefferson County, West Vir- be conducted or adjourned by the ordered that she serve ginia, in Deed of Trust Book 819 at designated agent or attorney of C. Johnson, Plaintiff, page 634, John R. Place and Ann the Trustee. The undersigned is dress is Rt. 1 Box 1000A F. Place, husband and wife, did fully vested with the authority to Ferry, West Virginia, an i convey unto W. Daniel Stegall and sell said property as substituted including any related A. Stephen Cox, Trustees, certain Trustee by instrument to be re- claim or defense you real property described in said corded, the Complaint filed in deed of trust; and the beneficiary R. VANCE GOLDEN, III, on or before 6-7-99. If: has elected to appoint Christopher Trustee do so, thereafter D. Janelle as Substitute Trustee 543 Fifth Street, proper hearing and by a Substitution of Trustee re- P.O. Box 81taken against you for corded in the aforesaid Clerk's Of- Parkersburg, WV 26102 manded in rice; and default having been4/29/3t Telephone(304) 485-3851 A copy of said made under the aforementioned be obtained from the Deed of Trust, and the under- ORDER OF PUBLICATION Clerk at her office. signed Substitute Trustee having CIRCUIT COURT OF Entered by the been instructed by the securedJEFFERSON COUNTY, Court 4/27/99. party to foreclose thereunder, will WEST VIRGINIA offer for sale at public auction at TINA LEA RANDLETT, Clerk the front door of the Jefferson Plaintiff By: County Courthouse, in Charles v. 5/6/2t Town, West Virginia, on Monday, DAVID GEORGE RANDLETT, NOTICE OF May 17, 1999 at 1:00 o'clock p.m Defendant UNADMINISTERED that certain lot parcel of real es- Civil Action No.- 99-D-105 tate located north of West Virginia THE OBJECT OF THIS SUIT Notice is hereby State Route 51 about 4 miles west IS TO OBTAIN A DIVORCE. settlement of the of Charles Town in the Middleway To the Above Named Defen-lowing named decedents' ceed without reference District, Jefferson County, West dant: Virginia with its improvementsIt appearing by affidavit filed ciary commissioner ninety days from and appurtenances thereunto be- in this action that David George tion of this notice such longing, located or having an ad- Randlett is a non-residence of the dress at Lot 3, Piedmont Downs, State of West Virginia, it is hereby requested by a party in an unpaid creditor Charles Town, West Virginia, and ordered that David George more particularly described as fol- Randlett serve upon Tina Lea and good cause is lows: Randlett, plaintiffs attorney, port such reference to commissioner. BEING all of Lot No. 3 contain- whose address is P.O. Box 1194,Gaither ing 10.94 acres more or less, front- Harpers Ferry, West Virginia, an Martha A. ing on the center line of a 50 foot Answer, including any related Marion F. right-of-way designated as Pied- . counter claim of defense you may Douglas M. mont Lane in the Subdivision have to the Complaint filed in this Lester P. known as Piedmont Downs ,said action on or before 6-1, 1999. If Lot No. 3 is more particularly de- you fail to do so, thereafter judg- John scribed on a plat made thereofment, upon proper hearing andNorval J. made Lee A. Ebert, L.L.S. dated trial, may be taken against you for Harry Wade Clarence J. March 21, 1995 and recorded in the relief demanded in the Corn- Mathias Blasius the Office of the Clerk of the plaint. Helen G. Pell County Commission, Jefferson A copy of said Complaint may Dated this 6th County, West Virginia in Plat be obtained from the undersigned 1999. : Book 3, at Page 60, TOGETHER Clerk at her office. WITH a non-exclusive easement Entered by the Clerk of said Cler~ over Paddock Lane and Piedmont Court 4/26/99. of Jefferson Lane to West Virginia State Sec- Patricia A. Noland By ondary Route 6/1. Clerk Of Court 5/6/2t AND BEING the same real es- By: T Yokley, tate which was conveyed to John4/29/2t Deputy Clerk continued on next