H. B. 2455
(By Delegates Smirl and Romine)
[Introduced January 28, 1999; referred to the
Committee on Education.]
A BILL to amend article fourteen, chapter eighteen-b of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seven, relating to authorizing the university of West
Virginia board of trustees on behalf of Marshall university
to sell and convey a parcel of land located at University
Heights in Huntington, Cabell County; and providing that the
proceeds from the sale be deposited in a special revenue
account for capital development on the downtown campus at
Marshall university in Huntington.
Be it enacted by the Legislature of West Virginia:
That article fourteen, chapter eighteen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section
seven, to read as follows:
ARTICLE 14. MISCELLANEOUS.
§18B-14-7. Marshall university authorization to sell property;
use of net proceeds.
(a) Subject to the provisions of section five of this
article, relating to the authority of governing boards to sell
any surplus real property and deposit the net proceeds into a
special revenue account in the state treasury to be appropriated
by the Legislature for the purchase of additional real property
or technology, or for capital improvements at the institution
that sold the surplus real property, the board of trustees is
hereby authorized and empowered to sell a parcel of land situate
in Guyandotte District, Cabell County, West Virginia, containing
8.31 acres, more or less, bounded and described as follows:
A certain tract of land situate in the State of West
Virginia, Cabell County, Guyandotte District, and being more
particularly bounded on described as follows:
BEGINNING at a 5/8" x 32" rebar (recovered) on the
northwesterly right-of-way line of Norway Avenue, making a corner
common to the lands now or formerly owned by R&J Development
(D.B. 1014, Pg.504), and the lands now owned by the State of West
Virginia (D.B.116,Pg.304); thence, leaving the northwesterly
right-of-way line of the said Avenue, and with the lands of the
said R&J Development as follows:
North 22 degrees 01'00" East 71.69 feet to a 30" black walnut tree (found),
North 00 degree 25'00" East 336.64 feet to a 5/8" x 32"
rebar (recovered in a 30" white oak tree stump (found).
North 65 degrees 35'00" East 42.00 feet to a 5/8" x 32"
rebar (recovered),
North 00 degrees 55'00" West 339.00 feet to a 5/8" x 32"
rebar (recovered),
North 02 degrees 36'00" East 111.60 feet to a 5/8" x 32"
rebar (recovered),
North 56 degrees 11'00" West 88.38 feet to a 5/8" x 32"
rebar (recovered),
North 77 degrees 51'00" West 152.51 feet to a 5/8" x 32"
rebar (recovered),
North 48 degrees 22'00" West 187.95 feet to a 5/8" x 32"
rebar (recovered),
North 25 degrees 23'00" West 109.01 feet to a 5/8" x 32"
rebar (recovered),
North 01 degrees 15'00" East 128.60 feet to a 5/8" x 32"
rebar (recovered),
North 24 degrees 14'57" East 117.90 feet to a 5/8" x 32"
rebar (set), marking a corner common to the lands now or formerly
owned by the Department of Public Safety of the State of West
Virginia, (D.B.606,Pg.267); thence, leaving the lands of the said
R&J Development, and with the lands of the said Department of Public Safety,
North 87 degrees 09'00" East 50.35 feet to a 5/8" x 32"
rebar (set); thence, leaving the lands of the said Department of
Public Safety, and severing the lands of the said State of West
Virginia as follows:
South 12 degrees 21'49" East 9688 feet to a 5/8" x 32" rebar
(set),
South 00 degrees 55'43" East 152.71 feet to a 5/8" x 32"
rebar (set),
South 42 degrees 36'21" East 47.57 feet to a 5/8" x 32"
rebar (set),
South 65 degrees 00'12" East 258.00 feet to a 5/8" x 32"
rebar (set),
North 88 degrees 43'34" East 123.41 feet to a 5/8" x 32"
rebar (set),
South 71 degrees 32'21" East 198.72 feet to a 5/8" x 32"
rebar (set),
South 83 degrees 20'07" East 198.91 feet to a 5/8" x 32"
rebar (set),
South 33 degrees 20'08" East 47.95 feet to a 5/8" x 32"
rebar (set),
South 10 degrees 49'48" East 92.63 feet to a 5/8" x 32"
rebar (set),
North 64 degrees 45'39" East 155.66 feet to a 5/8" x 32" rebar (set),
North 53 degrees 59'35" East 128.14 feet to a 5/8" x 32"
rebar (set),
South 59 degrees 57'02" East 81.48 feet to a 5/8" x 32"
rebar (set),
South 24 degrees 28'34" East 85.49 feet to a 5/8" x 32"
rebar (set) on the north right-of-way line of the said Norway
Avenue; thence, with the north right-of-way line of the said
Avenue, with a curve to the right, having a radius of 694.80
feet, and an arc length of 163.20 feet, the long chord of which
bears:
South 70 degrees 17'04" West 162.82 feet; thence,
South 77 degrees 00'49" West 94.74 feet; thence, with a
curve to the left, having a radius of 620.00 feet, and an arc
length of 43.17 feet, the long chord of which bears:
South 75 degrees 01'08" West 43.17 feet; thence,
South 73 degrees 01'26" West 248.30 feet; thence, with a
curve to the left, having a radius of 320.00 feet, and an arc
length of 279.62 feet, the long chord of which bears:
South 47 degrees 59'27" West 270.81 feet; thence,
South 22 degrees 57'28" West 488.53 feet; thence,
South 41 degrees 00'52" West 53.78 feet to the BEGINNING,
containing 8.31 acres, more or less, as surveyed by Ronald L.
Eastham, West Virginia Registered Professional Surveyor No. 150, on October 22, 1998.
The above described tract is a part of the same land as that
described in a deed from the Colored Orphans Home and Industrial
School, The State of West Virginia, dated August 4, 1911, and
recorded in Deed Book 116, Page 304, in the office of the Clerk
of the County Commission of Cabell County, West Virginia.
And being subject to all restrictions, reservations,
rights-of-ways, easements, utilities, covenants, exceptions,
conveyances, leases and exclusions previously imposed and
appearing of record.
(b) Prior to the sale, the board of trustees shall cause the
property to be appraised by two independent licensed appraisers
and may not sell the property for less than the average of the
two appraisals.
(c) The proceeds from the sale of the property referred to
shall be deposited in a special revenue account from which the
board of trustees is hereby authorized to expend funds for
capital development on the downtown campus at Marshall university
in Huntington.
NOTE: The purpose of this bill is to authorize the
University of West Virginia board of trustees on behalf of
Marshall University to sell and convey a parcel of land located
on the north side of Norway Avenue in Huntington, Cabell County.
It provides that the proceeds from the sale be deposited in a
special revenue account for capital development on the downtown
campus at Marshall University in Huntington.
This section is new; therefore, strike-throughs and
underscoring have been omitted.