ENROLLED
H. B. 2828
(By Delegate Smirl)
[Passed April 12, 1997; in effect from passage.]
AN ACT 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
six, 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 on the north side of U.
S. Route 60 at University Heights in Huntington, Cabell
County; and providing that the proceeds from the sale be
deposited in a special revenue account for the development
of parking 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
six, to read as follows:
ARTICLE 14. MISCELLANEOUS.
§18B-14-6. 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 those parcels of land
situate along U. S. Route 60, being a subdivision of a 2.75 acre
tract into eight separate lots situate on the waters of the
Guyandotte River in Guyandotte District, Cabell County, West
Virginia, bounded and described as follows:
Beginning at a 5/8" rebar with cap set on the north side of
U. S. Route 60 at a common corner to the property of the
university of West Virginia board of trustees and Lambert
Construction; thence N. 43° 51' E. a distance of 167.99 feet to
a 5/8" rebar with cap set in the boundary of Lot 1 of the
subdivision; thence N. 85° 52' E. a distance of 103.16 feet to
5/8" rebar with cap set in the common corner to Lot 1 and Lot 2
of the subdivision; thence N. 85° 52' E. a distance of 129.37
feet to a 5/8" rebar with cap set in the common corner to Lot 2
and Lot 3 of the subdivision; thence N. 82° 52' E. a distance of
98.91 feet to a 5/8" rebar with cap set in the common corner to
Lot 3 and Lot 4 of the subdivision; thence N. 82° 52' E. a
distance of 98.95 feet to a 5/8" rebar with cap set in the
common corner to Lot 4 and Lot 5 of the subdivision; thence N. 82° 52' E. a distance of 105.88 feet to a 5/8" rebar with cap
set in the common corner to Lot 5 and Lot 6 of the subdivision;
thence N. 82° 52' E. a distance of 105.96 feet to a 5/8" rebar
with cap set in the common corner to Lot 6 and Lot 7 of the
subdivision; thence N. 82° 52' E. a distance of 106.06 feet to
a 5/8" rebar with cap set in the common corner to Lot 7 and Lot
8 of the subdivision; thence N. 82° 52' E. a distance of 162.16
feet to a 5/8" rebar with cap set in the common corner to Lot 8
of the subdivision and the Crans property; thence S. 09° 49' E.
a distance of 103.75 feet to a 5/8" rebar with cap set in the
line separating Lot 8 and the Crans property to a 5/8" rebar with
cap set in that line; thence S 09° 49' feet a distance of 25.00 feet
to 5/8" rebar with cap set in the southeastern corner of Lot 8;
thence S. 82° 02' W. a distance of 166.00 feet and running with
the chord of U. S. Route 60 to a 5/8" rebar with cap set in that
line, which is a common corner to Lot 8 and Lot 7 of the
subdivision; thence S. 82° 44' W. a distance of 107.00 feet and
running with the chord of U. S. Route 60 to a 5/8" rebar with
cap set in that line, which is a common corner to Lot 7 and Lot
6 of the subdivision; thence S. 83° 16' W. a distance of 107.00
feet and running with the chord of U. S. Route 60 to a 5/8"
rebar with cap set in that line, which is a common corner to Lot
6 and Lot 5 of the subdivision; thence S. 83° 45' W. a distance
of 89.06 feet and running with the chord of U. S. Route 60 to a
rebar with cap stamped "WV DOH"; thence N. 06° 01' W. a distance
of 20.00 feet to a rebar with cap stamped "WV DOH"; thence S.
84° 06' W. a distance of 17.91.00 feet to a 5/8' rebar with cap set, which is a common corner to Lot 5 and Lot 4 of the
subdivision; thence S. 84° 06' W. a distance of 31.79 feet to a
rebar with cap stamped "WV DOH"; thence S. 05° 46' E. a distance
of 20.00 feet to a rebar with cap stamped "WV DOH"; thence S.
84° 24' W. a distance of 68.21 feet and running with the chord of
U. S. Route 60 to a 5/8" rebar with cap set in that line, which
is a common corner to Lot 4 and Lot 3 of the subdivision; thence
S. 84° 39' W. a distance of 31.35 feet to a rebar with cap
stamped "WV DOH"; thence N. 05° 16' W. a distance of 8.00 feet
to a rebar with cap stamped "WV DOH"; thence S. 84° 57' W. a
distance of 68.65 feet running parallel to U. S. Route 60 to a
5/8" rebar with cap set in that line, which is a common corner to
Lot 3 and Lot 2 of the subdivision; thence S. 84° 57' W. a
distance of 20.89 feet to a rebar with cap stamped "WV DOH";
thence S. 04° 57' W. a distance of 8.00 feet to a rebar with cap
stamped "WV DOH"; thence S. 85° 27' W. a distance of 110.00 feet
and running with the chord of U. S. Route 60 to a 5/8" rebar
with cap set in that line, which is a common corner to Lot 2 and
Lot 1 of the subdivision; thence S. 84° 54' W. a distance of
64.24 feet and running with the chord of U. S. Route 60 to a
5/8" rebar with cap set in that line; thence N. 03° 57' W. a
distance of 10.00 feet to 5/8" rebar with cap set; thence S. 86°
16' W. running parallel to U. S. Route 60 a distance of 84.55
feet to 5/8" rebar with cap set; thence N. 03° 31' W. a distance
of 10.00 feet to a 5/8" rebar with cap set; thence S. 86° 59' W.
running parallel to U. S. Route 60 a distance of 79.66 feet to
the place of beginning, containing 2.75 acres as described in a deed to the university of West Virginia board of trustees
recorded in the county clerk's office in Cabell County in deed
book 116 at page 304; and being the same property shown on a map
of the subdivision of the 2.75 acre tract entitled "Plat of
Survey Showing Subdivision Of A 2.75 Acre Tract described in deed
book 116 at page 304 for university of West Virginia board of
tTrustees located along U. S. Route 60 situate on the wWaters of
the Guyandotte River in Guyandotte District, Cabell County, West
Virginia" dated March 13, 1997, as surveyed by Mark C. Shamblin
land surveyor, the subdivision being eight lots from this real
property.
(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
development of parking on the downtown campus at Marshall
uUniversity in Huntington.