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Annexed land foreclosed

By Staff | Jun 5, 2009

By Daniel Friend

Chronicle staff

Nineteen acres of land recently annexed into the Corporation of Shepherdstown will be auctioned in Charles Town at the entrance to the Jefferson County Courthouse to the highest bidder at 11 a.m. on June 16.

According to the legal notice of trustee’s sale printed in the Chronicle a week ago, Martinsburg attorney Stephen M. Mathias has been appointed trustee for the sale of the property.

It is owned by Resources Residential Construction Management Inc., which has defaulted on the deed and note held by United Bank Inc. of Shepherdstown.

Michelle Hurney – of the Clarksburg, Md., firm Hurney Master Builders – first presented a petition for annexation in 2004. She had purchased the land, which lies in six separate parcels on the south side of East German Street, roughly across from the Shepherdstown Day Care Center – for $775,000. The land was known as “The Christman Property and Walden Rentals Property” at the time of the sale.

Two mayors and some four years later – after revisions to the town’s subdivision regulations and a concession by Hurney during the administration of Mayor Lance Dom to employ Smart Growth concepts in the project design – Hurney’s petition was granted.

The preliminary plans called for 68 town homes to be built on the und eveloped, rural acreage. But Hurney never submitted an official development plan to the town Planning Commission.

According to the legal notice of trustee’s sale, “the trustee reserves the right to offer the property … as a whole and to contingently accept the highest bid thereon.

Thereafter, bids will be taken separately and contingently accepted on the … parcels separately or in combination with each other.”

A telephone message left at the Hurney Master Builder Inc. contact number was not returned by presstime.

Mayor Jim Auxer has said whatever happens with the property, the new owners would have to abide by the subdivision ordinance and other planning regulations set forth in Title 9 of the town code.

“The impact … still remains to be seen,” Auxer said this week. “I don’t want to speculate what the impact might be.”

The sale notice says the “property will be sold for $5,000 in cash, 5 percent of the sales price, on the day of the sale, with the balance due in 30 days.” The buyer also assumes responsibility for any taxes, liens and covenants.

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Any inquiries about this sale may be directed to Stephen M. Mathias, 101 S. Queen St., Martinsburg WV 25401. (304) 263-0836.