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AN ORDINANCE PROVIDING FOR THE...

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AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN REAL PROPERTY CONTIGUOUS
TO THE CORPORATE LIMITS OF THE TOWN OF GAULEY BRIDGE
PURSUANT TO WEST VIRGINIA CODE § 8-6-5 (MINOR BOUNDARY ADJUSTMENT)


WHEREAS:

1.The Town Council of the Town of Gauley Bridge is authorized pursuant to Chapter 8, Article 6 of the West Virginia Code to alter and extend its corporate boundaries;
2.The property proposed to be annexed is contiguous to the existing corporate limits of the Town and lies within Valley District, Fayette County, West Virginia;
3.The property is more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, containing 94.89 acres, more or less, as shown upon a survey entitled "Town of Gauley Bridge Fayette County, West Virginia Gauley Bridge Annexation Proposal 714-02-24," dated July 30, 2024, prepared by New River Engineers, Inc., and signed and sealed by Randy Brooks Crace, West Virginia Professional Surveyor No. 756;
4.The Town Council finds that the annexation of said property is in the best interests of the Town and the residents thereof and will promote the orderly growth and development of the municipality;
5.The Town Council further finds that municipal services can be extended to the annexed territory in accordance with law.


NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF GAULEY BRIDGE:


SECTION 1. Annexation of Territory.

The real property described in Exhibit "A," attached hereto and incorporated herein, is hereby annexed into and made part of the corporate limits of the Town of Gauley Bridge.

SECTION 2. Corporate Limits Modified.

Upon the effective date of this Ordinance, the corporate limits of the Town of Gauley Bridge shall be altered to include the annexed territory, and the official boundary maps of the Town shall be amended accordingly.


SECTION 3. Municipal Services.

Municipal services shall be extended to the annexed territory in accordance with the service plan adopted by the Town Council and consistent with West Virginia Code § 8-6- 5.


SECTION 4. Zoning and Ordinances.

Upon the effective date of annexation, the annexed territory shall be subject to all ordinances, regulations, and municipal authority of the Town of Gauley Bridge, including but not limited to planning, zoning, taxation, and code enforcement provisions.


SECTION 5. Filing and Recording.

The Mayor and Recorder are authorized and directed to:
1.Certify a copy of this Ordinance;
2.File the same with the County Commission of Fayette County, West Virginia;
3.Cause a certified copy to be recorded in the Office of the Clerk of the County Commission of Fayette
County; and
4.Take all other actions required by West Virginia Code § 8-6-5 to effectuate this annexation.


SECTION 6. Effective Date.

This Ordinance shall become effective upon adoption and completion of all statutory requirements under West Virginia Code § 8-6-5.

EXHIBIT "A"

(Insert the full legal description prepared by New River Engineers, Inc., dated July 30, 2024, including the 94.89-acre metes and bounds description.)


LEGAL DESCRIPTION
ANNEXATION OF LANDS ADJACENT TO EXISTING BOUNDARY
TOWN OF GAULEY BRIDGE, FAYETTE COUNTY, WEST VIRGINIA
Being the lands abutting to the existing easterly corporation line of the Town of Gauley Bridge for the annexation being in Valley District, Fayette County, West Virginia, to which a more particular description is made, to-wit:

BEGINNING at a point in the present corporation boundary of the Town of Gauley Bridge which point is located 406.50 feet along the said present corporation boundary from the water's edge of the New River right descending bank; thence with the following lines of the new annexation area to be included in the Town of Gauley Bridge:

S. 38°57'56" E. a distance of 3,086.04 feet; thence,
S. 11°44'22" E. a distance of 789.25 feet; thence,
S. 08°17'07" E. a distance of 1,142.54 feet; thence,
S. 05°23'43" W. a distance of 966.76 feet; thence,
S. 10°14'51" W. a distance of 893.39 feet; thence,
S. 85°06'24" W. crossing US Route 60 for a total
distance of 843.64 feet to a point on the water's edge
of the right descending of the New River; thence
following said water's edge down said New River as
follows:
N. 13°06'33" E. a distance of 291.99 feet; thence,
N. 07°48'55" W. a distance of 200.54 feet; thence,
N. 21°59'28" E. a distance of 218.47 feet; thence,
N. 15°04'06" E. a distance of 209.79 feet; thence,
N. 17°26'50" E. a distance of 142.92 feet; thence
N. 08°25'38" E. a distance of 106.33 feet; thence,
N. 02°56'08" W. a distance of 152.13 feet; thence,
N. 56°49'17" E. a distance of 121.02 feet; thence,
N. 09°46'56" E. a distance of 114.64 feet; thence,
N. 13°32'09" E. a distance of 216.38 feet; thence,
N. 13°20'55" E. a distance of 236.23 feet; thence,
N. 21°48'05" W. a distance of 104.89 feet; thence,
N. 15°45'05" W. a distance of 157.86 feet; thence,
N. 00°00'00" W. a distance of 81.81 feet; thence,
N. 01°44'09" W. a distance of 128.62 feet; thence,
N. 04°40'01" W. a distance of 191.52 feet; thence,
N. 22°50'00" W. a distance of 80.31 feet; thence,
N. 03°21'59" E. a distance of 132.68 feet; thence,
N. 14°02'11" W. a distance of 176.69 feet; thence,
N. 15°56'43" W. a distance of 141.80 feet; thence,
N. 14°28'13" W. a distance of 124.72 feet; thence,
N. 41°00'33" W. a distance of 118.74 feet; thence,
N. 20°55'28" W. a distance of 141.80 feet; thence,
N. 22°02'10" W. a distance of 176.51 feet; thence,
N. 18°03'39" W. a distance of 188.49 feet; thence,
N. 30°57'49" W. a distance of 181.72 feet; thence,
N. 35°18'40" E. a distance of 114.58 feet; thence,
N. 22°37'11" W. a distance of 101.29 feet; thence,

N. 23°57'45" W. a distance of 191.84 feet; thence,
N. 41°20'52" W. a distance of 129.73 feet; thence,
N. 48°34'35" W. a distance of 176.64 feet; thence,
N. 38°22'03" W. a distance of 119.25 feet; thence,
N. 39°33'35" W. a distance of 116.22 feet; thence,
N. 27°58'47" W. a distance of 141.16 feet; thence,
N. 39°28'21" W. a distance of 171.59 feet; thence,
N. 30°42'00" W. a distance of 144.98 feet; thence,
N. 30°41'58" W. a distance of 144.98 feet; thence,
N. 19°26'24" W. a distance of 140.46 feet; thence,
N. 46°16'22" W. a distance of 123.99 feet; thence,
N. 46°16'42" W. a distance of 6.22 feet; thence,
N. 46°16'24" W. a distance of 10.53 feet to a point at the easterly line of the CSX Railway right of way; thence,
N. 54°53'27" W. crossing the CSX Railway for a total distance of 108.77 feet to a point on the westerly line of said CSX Railway right of way; thence,
N. 35°01'44" W. a distance of 231.25 feet; thence,
N. 35°01'44" W. a distance of 325.73 feet; thence,
N. 42°19'15" W. a distance of 173.02 feet to a point at the water's edge of the New River on the right descending bank and which said point is the present boundary of the Town of Gauley Bridge; thence with said present boundary of the Town of Gauley Bridge,
N. 65°48'00" E. crossing the CSX Railway and US Route 60 for a total distance of 406.50 feet to the POINT OF BEGINNING, having an area of 94.89 acres, more or less.

Reference is made to a survey entitled "TOWN OF GAULEY BRIDGE FAYETTE COUNTY, WEST VIRGINIA GAULEY BRIDGE ANNEXATION PROPOSAL 714-02-24" dated July 30, 2024, prepared by New River Engineers, Inc. of Charleston, West Virginia and bearing the signature and seal of Randy Brooks Crace, West Virginia Professional Surveyor No. 756. North is referenced to the existing present boundary of the Town of Gauley Bridge

Respectfully submitted by
NEW RIVER ENGINEERS, INC.
/s/Randy Brooks Crace
Randy Brooks Crace, PS
Senior Surveyor
Posted 10 weeks ago

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Petitioner,

and

Margie Marie Fitzwater
Respondent

ORDER OF PUBLICATION

THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE.
THIS IS A PUBLICATION
BY CLASS II LEGAL
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To the Above-Named
Respondent:

It appearing by affidavit filed in this action that Margie Marie Fitzwater is a non-resident of the State of West Virginia or has an unknown address. It is hereby ordered that Margie Marie Fitzwater serve upon Walter Kim Fitzwater, Petitioner, whose address is 742 Summerlee Ave, Oak Hill, WV 25901, West Virginia, an Answer, including any related counterclaim or defense you may have to the Petition For Divorce filed in this action on or before September 13, 2024. If you fail to Answer the Petition for Divorce, a judgment may be taken against you for the relief demanded in the Petition.
A copy of said Petition can be obtained from the undersigned Clerk's Office.
Entered by the Clerk of said Court Fayette County Family Court.

Clerk of the Court

IN THE FAMILY COURT OF
FAYETTE COUNTY,
WEST VIRGINIA

Civil Action No. 24-D-154

IN RE:
The Marriage of
Walter Kim Fitzwater
Petitioner,

and

Margie Marie Fitzwater
Respondent

ORDER OF PUBLICATION

THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE.
THIS IS A PUBLICATION
BY CLASS II LEGAL
ADVERTISEMENT

To the Above-Named
Respondent:

It appearing by affidavit filed in this action that Margie Marie Fitzwater is a non-resident of the State of West Virginia or has an unknown address. It is hereby ordered that Margie Marie Fitzwater serve upon Walter Kim Fitzwater, Petitioner, whose address is 742 Summerlee Ave, Oak Hill, WV 25901, West Virginia, an Answer, including any related counterclaim or defense you may have to the Petition For Divorce filed in this action on or before September 13, 2024. If you fail to Answer the Petition for Divorce, a judgment may be taken against you for the relief demanded in the Petition.
A copy of said Petition can be obtained from the undersigned Clerk's Office.
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Case No. CC-10-2024-A-18
Judge Paul M. Blake, Jr.

IN RE the Adoption of:
Kyrah Lee Kincaid,
Carson Scott Kincaid

Order Setting Hearing

This day came Petitioners, by counsel, and presented to the Court their duly verified Petition seeking to adopt Kyrah Lee Kincaid and Carson Scott Kincaid, and said Petition appearing proper in all respects and the children sought to be adopted having been in their care and custody for more than six months, it is accordingly ORDERED as follows:

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And this matter is continued until the aforesaid date, place and time.

/s/ Paul M. Blake, Jr.
Circuit Court Judge
12th Judicial Circuit

/s/ Paul M. Blake, Jr.
Circuit Court Judge
Ref. Code: 24AK2VVSX

E-FILED -- 7/19/2024 8:56 AM
CC-10-2024-A-18
Fayette County Circuit Clerk
Travis W. Prince

In the Circuit Court of
Fayette County,
West Virginia

Case No. CC-10-2024-A-18
Judge Paul M. Blake, Jr.

IN RE the Adoption of:
Kyrah Lee Kincaid,
Carson Scott Kincaid

Order Setting Hearing

This day came Petitioners, by counsel, and presented to the Court their duly verified Petition seeking to adopt Kyrah Lee Kincaid and Carson Scott Kincaid, and said Petition appearing proper in all respects and the children sought to be adopted having been in their care and custody for more than six months, it is accordingly ORDERED as follows:

1. The Clerk of the Court shall forthwith file this Petition upon payment of the required fee and same shall be indexed in a civil action number as provided by law.
2. There shall be a hearing upon the Petition for Adoption on the 10th day of September, 2024 at 11:00 a.m.

And this matter is continued until the aforesaid date, place and time.

/s/ Paul M. Blake, Jr.
Circuit Court Judge
12th Judicial Circuit

/s/ Paul M. Blake, Jr.
Circuit Court Judge
Ref. Code: 24AK2VVSX

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Notice is hereby given that the following estate(s) have been opened for probate in the Fayette County Clerk's Office at PO Box 569, 100 N Court Street, Suite One Fayetteville, WV 25840-1200. 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 through the Fayette County Clerk's Office at the address listed above 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 person interested in filing claims against an estate must file them in accordance with West Virginia Code 44-2 or 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.

Publication Date: Thursday, July 25, 2024
Claim Deadline: Monday, September 23, 2024
ESTATE NUMBER: 4314
ESTATE NAME: GREGORY ALLEN STICKLER
ADMINISTRATRIX BETH STICKLER
3075 ALASKA MTN RD
MEADOW BRIDGE WV 25976- 7627
FIDUCIARY PAUL O CLAY JR
COMMISSIONER 204 A WEST MAPLE AVENUE
FAYETTEVILLE WV 25840

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ESTATE NAME: CARRIE LYNN CARR
ADMINISTRATOR MIKE ANDERSON AKA JOHN MICHAEL ANDERSON
2008 RIVERVIEW ST
AUSTIN TX 78702 5529
FIDUCIARY LARRY E HARRAH II
COMMISSIONER 103 FAYETTE AVE
FAYETTEVILLE WV 25840- 1219

ESTATE NUMBER: 4339
ESTATE NAME: SHIRLEY VAN WILLIS
ADMINISTRATOR MARK G WILLIS
2231 WILLIS BRANCH RD
VICTOR WV 25938-7761

ESTATE NUMBER: 4344
ESTATE NAME: VENICE ARBUTUS WRISTON AKA VENICE A PELL
WRISTON
EXECUTRIX ROSETTA P BASHAM NKA ROSETTA P BLAIR
121 BLUE RIDGE DR
NEWNAN GA 30265-2124

ESTATE NUMBER: 4365
ESTATE NAME: DUANE EUGENE NEELY
ADMINISTRATRIX TERESA S HOGGE
21780 SLATE RANGE
TERRACE
UNIT 103
ASHBURN VA 20147-7802

ESTATE NUMBER: 4378
ESTATE NAME: AUBREY CARL ALLEN
EXECUTRIX LILLIAN SYLVIA ALLEN
615 CENTRAL AVENUE
OAK HILL WV 25901-2403

ESTATE NUMBER: 4382
ESTATE NAME: MARY JANE MURRAY
EXECUTRIX TAMMY LYNN HASKETT
PO BOX 243
KINCAID WV 25119 0243
ATTORNEY PHILIP J TISSUE
303 JONES AVE
OAK HILL WV 25901-2908

ESTATE NUMBER: 4384
ESTATE NAME: LINDA LEVERNE FOSTER
EXECUTOR RICHARD DEAN FOSTER
PO BOX 153
CANNELTON WV 25036-0153

ESTATE NUMBER: 4387
ESTATE NAME: LINDA KAY GARRETTSON
ADMINISTRATRIX LISA M BASHAM
845 SCARBRO RD
SCARBRO WV 25917-8842

ESTATE NUMBER: 4389
ESTATE NAME: CLARENCE LORANE
SMAILES
EXECUTRIX VIVIAN RAINES
708 MAIN AVE
NITRO WV 25143-2140

ESTATE NUMBER: 4393
ESTATE NAME: REGINA MARIE REDDEN
ADMINISTRATRIX KALEY REDDEN
CTA 7933 GATEWOOD RD
FAYETTEVILLE WV 25840- 9006

ESTATE NUMBER: 4394
ESTATE NAME: FLEMING ROOK
HUDDLESTON JR
ADMINISTRATRIX MARSHA HUDDLESTON
95 HUDDLESTON LANE
OAK HILL WV 25901-5673

ESTATE NUMBER: 4396
ESTATE NAME: MICHAEL MCFARLAND
AKA MICHEAL MCFARLAND
ADMINISTRATOR MICHAEL GLOVER
1457 THURMOND RD
OAK HILL WV 25901-5791

ESTATE NUMBER: 4397
ESTATE NAME: DONNA RAE UNDERWOOD
ADMINISTRATOR DAVID DOVE
1199 SCARBRO RD
SCARBRO WV 25917-8846

ESTATE NUMBER: 4400
ESTATE NAME: RUTH ANN CAVALIER
ADMINISTRATOR DOUGLAS R WILLIAMS
PO BOX 9
SMITHERS WV 25186-0009

Subscribed and sworn to before me on 7/19/2024

Michelle L. Holly
Clerk of the Fayette County Commission

Notice of Administration to Creditors, Distributees & Legatees

Notice is hereby given that the following estate(s) have been opened for probate in the Fayette County Clerk's Office at PO Box 569, 100 N Court Street, Suite One Fayetteville, WV 25840-1200. 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 through the Fayette County Clerk's Office at the address listed above 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 person interested in filing claims against an estate must file them in accordance with West Virginia Code 44-2 or 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.

Publication Date: Thursday, July 25, 2024
Claim Deadline: Monday, September 23, 2024
ESTATE NUMBER: 4314
ESTATE NAME: GREGORY ALLEN STICKLER
ADMINISTRATRIX BETH STICKLER
3075 ALASKA MTN RD
MEADOW BRIDGE WV 25976- 7627
FIDUCIARY PAUL O CLAY JR
COMMISSIONER 204 A WEST MAPLE AVENUE
FAYETTEVILLE WV 25840

ESTATE NUMBER: 4329
ESTATE NAME: CARRIE LYNN CARR
ADMINISTRATOR MIKE ANDERSON AKA JOHN MICHAEL ANDERSON
2008 RIVERVIEW ST
AUSTIN TX 78702 5529
FIDUCIARY LARRY E HARRAH II
COMMISSIONER 103 FAYETTE AVE
FAYETTEVILLE WV 25840- 1219

ESTATE NUMBER: 4339
ESTATE NAME: SHIRLEY VAN WILLIS
ADMINISTRATOR MARK G WILLIS
2231 WILLIS BRANCH RD
VICTOR WV 25938-7761

ESTATE NUMBER: 4344
ESTATE NAME: VENICE ARBUTUS WRISTON AKA VENICE A PELL
WRISTON
EXECUTRIX ROSETTA P BASHAM NKA ROSETTA P BLAIR
121 BLUE RIDGE DR
NEWNAN GA 30265-2124

ESTATE NUMBER: 4365
ESTATE NAME: DUANE EUGENE NEELY
ADMINISTRATRIX TERESA S HOGGE
21780 SLATE RANGE
TERRACE
UNIT 103
ASHBURN VA 20147-7802

ESTATE NUMBER: 4378
ESTATE NAME: AUBREY CARL ALLEN
EXECUTRIX LILLIAN SYLVIA ALLEN
615 CENTRAL AVENUE
OAK HILL WV 25901-2403

ESTATE NUMBER: 4382
ESTATE NAME: MARY JANE MURRAY
EXECUTRIX TAMMY LYNN HASKETT
PO BOX 243
KINCAID WV 25119 0243
ATTORNEY PHILIP J TISSUE
303 JONES AVE
OAK HILL WV 25901-2908

ESTATE NUMBER: 4384
ESTATE NAME: LINDA LEVERNE FOSTER
EXECUTOR RICHARD DEAN FOSTER
PO BOX 153
CANNELTON WV 25036-0153

ESTATE NUMBER: 4387
ESTATE NAME: LINDA KAY GARRETTSON
ADMINISTRATRIX LISA M BASHAM
845 SCARBRO RD
SCARBRO WV 25917-8842

ESTATE NUMBER: 4389
ESTATE NAME: CLARENCE LORANE
SMAILES
EXECUTRIX VIVIAN RAINES
708 MAIN AVE
NITRO WV 25143-2140

ESTATE NUMBER: 4393
ESTATE NAME: REGINA MARIE REDDEN
ADMINISTRATRIX KALEY REDDEN
CTA 7933 GATEWOOD RD
FAYETTEVILLE WV 25840- 9006

ESTATE NUMBER: 4394
ESTATE NAME: FLEMING ROOK
HUDDLESTON JR
ADMINISTRATRIX MARSHA HUDDLESTON
95 HUDDLESTON LANE
OAK HILL WV 25901-5673

ESTATE NUMBER: 4396
ESTATE NAME: MICHAEL MCFARLAND
AKA MICHEAL MCFARLAND
ADMINISTRATOR MICHAEL GLOVER
1457 THURMOND RD
OAK HILL WV 25901-5791

ESTATE NUMBER: 4397
ESTATE NAME: DONNA RAE UNDERWOOD
ADMINISTRATOR DAVID DOVE
1199 SCARBRO RD
SCARBRO WV 25917-8846

ESTATE NUMBER: 4400
ESTATE NAME: RUTH ANN CAVALIER
ADMINISTRATOR DOUGLAS R WILLIAMS
PO BOX 9
SMITHERS WV 25186-0009

Subscribed and sworn to before me on 7/19/2024

Michelle L. Holly
Clerk of the Fayette County Commission

Posted 97 weeks ago
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