Legal Notices

IN THE CIRCUIT COURT OF FAYETTE COUNTY, WEST VIRGINIA Civil Action No. CC-10-2024-C-1 Hon. Paul M. Blake, Jr. AEP WEST VIRGINIA TRANSMISSION COMPANY, INC., a West Virginia corporation, Petitioner, vs. RIM VIEW PRESERVE, LLC, NEW RIVER LEDGES ASSOCIATES, LLC, NEW RIVER GORGE PRESERVE HOMEOWNERS’ ASSOCIATION, INC., FRONTIER WEST VIRGINIA INC., UNKNOWN PERSONS/l OWNERS and MIKE FRIDLEY, SHERIFF OF FAYETTE COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON FEBRUARY 16, 2024, AT 9:00 A.M. TO: RESPONDENTS, RIM VIEW PRESERVE, LLC, NEW RIVER LEDGES ASSOCIATES, LLC, NEW RIVER GORGE PRESERVE HOMEOWNERS’ ASSOCIATION, INC., FRONTIER WEST VIRGINIA INC., UNKNOWN PERSONS WNERS, AND MIKE FRIDLEY, SHERIFF OF FAYETTE COUNTY, WEST VIRGINIA Notice is hereby given to Rim View Preserve, LLC, New River Ledges Associates, LLC, New River Gorge Preserve Homeowners’ Association, Inc., Frontier West Virginia Inc., Unknown Persons wners, and Mike Fridley, Sheriff of Fayette County, West Virginia (hereinafter sometimes referred to as “the aforementioned respondents”) that a Petition for Condemnation ight of Entry has been filed in the Circuit Court of Fayette County, West Virginia, and is known as Civil Action No. CC-10-2024-C-1, and styled AEP West Virginia Transmission Company, Inc. vs. Rim View Preserve, LLC, et al. Said Petition for Condemnation ight of Entry under the West Virginia laws of eminent domain seeks property for the construction of electrical transmission, distribution, and communication lines and appurtenant equipment and fixtures, and condemnation and right of entry on behalf of AEP West Virginia Transmission Company, Inc. situate in the Town of Fayetteville, Fayetteville District, Fayette County, West Virginia, and identified as Tax Map 36N, Parcel 13, and recorded in Deed Book No. 700, at page 63, in the office of the Clerk of the County Commission of Fayette County, West Virginia, which property is more particularly bounded and described as follows: Beginning at a 31/2″ capped pipe found, said pipe also being a common corner to Fayette County Commission (DB5741/223, new haven tax map 4IN, Parcel 3); thence with Fayette Co. Comm., South 74DEGREES 49 38 West a distance of 300.06 feet to a 3/4″ capped pipe found, said pipe also being on the eastern Right-of way of WV Route 16; thence leaving Fayette Co. Comm. And with the Right-of way, North 00DEGREES 10 15 West a distance of 142.82 feet to a point, said point also being a common corner to Arrow WV, Inc. (DB 6765/806, Fayetteville Tax Map 36, Parcel 1.1); thence leaving the Right-of-way and with Arrow the following thirty-five calls, North 62DEGREES 51 23 East a distance of 184.98 feet to a point; thence South 84DEGREES 11 30 East a distance of 71.73 feet to a point; thence North 55DEGREES 29 20 East a distance of 71.56 feet to a point; thence North 78DEGREES 29 22 East a distance of 113.43 feet to a point; thence North 73DEGREES 56 56 East a distance of 73.61 feet to a point; thence North 66DEGREES 30 56 East a distance of 73.61 feet to a point; thence North 66DEGREES 30 56 East a distance of 66.62 feet to a point; thence North 89DEGREES 40 44 East a distance of 56.51 feet to a point; thence North 89DEGREES 24 19 East a distance of 77.44 feet to a point; thence South 89DEGREES 30 44 East a distance of 121.26 feet to a point; thence South 89DEGREES 30 44 East a distance of 121.28 feet to a point; thence South 76DEGREES 26 58 East a distance of 110.59 feet to a point; thence South 58DEGREES 29 45 East a distance of 98.77 feet to a point; thence North 86DEGREES 16 21 East a distance of 61.39 feet to a point; thence North 87DEGREES 47 59 East a distance of 145.44 feet to a point; thence North 75DEGREES 47 14 East a distance of 92.14 feet to a point; thence South 81DEGREES 25 49 East a distance of 103.67 feet to a point; thence South 65DEGREES 07 30 East a distance of 54.89 feet to a point; thence North 58DEGREES 37 15 East a distance of 46.65 feet to a point; thence North 54DEGREES 57 03 East a distance of 377.31 feet to a point; thence North 71DEGREES 03 11 East a distance of 53.54 feet to a point; thence North 54DEGREES 01 06 East a distance of 88.48 feet to a point; thence North 33DEGREES 39 36 East a distance of 190.50 feet to a point; thence North 66DEGREES 49 38 East a distance of 95.25 feet to a point; thence North 78DEGREES 06 41 East a distance of 155.62 feet to a point; thence South 81DEGREES 37 08 east a distance of 101.13 feet to a point; thence North 67DEGREES 04 05 East a distance of 59.34 feet to a point; thence South 81DEGREES 57 09 East a distance of 78.23 feet to a point; thence North 55DEGREES 27 06 East a distance of 76.90 feet to a point; thence South 87DEGREES 02 48 East a distance of 80.40 feet to a point; thence North 28DEGREES 52 13 East a distance of 41.67 feet to a point; thence North 70DEGREES 20 11 East a distance of 392.55 feet to a point; thence North 62DEGREES 12 12 East a distance of 329.98 feet to a point; thence North 65DEGREES 14 47 East a distance of 354.87 feet to a point; thence North 61DEGREES 43 05 East a distance of 278.93 feet to a point; thence North 69DEGREES 53 07 East a distance of 201.58 feet to a point, said point also being a common corner to United States of America (DB 6625/887, Fayetteville Corp. Tax Map 36, Parcel 5), said point also being labeled “Pt. D” on the map entitled “Exhibit Map Showing Proposed Conveyance at Bridgeview Estates Containing Approximately 88.1 Acres”; thence leaving Arrow and with USA the following six calls, South 48DEGREES 07 40 East a distance of 491.41 feet to a point; thence South 79DEGREES 05 39 East a distance of 480.87 feet to a point; thence North 79DEGREES 34 00 East a distance of 524.12 feet to a point; thence South 81DEGREES 00 48 East a distance of 70.20 feet to a point; thence South 81DEGREES 00 15 East a distance of 59.58 feet to a point; thence South 81DEGREES 38 48 East a distance of106.78 feet to a point, said point also being the northeast corner of Bridgeview Estates Lot 31 (Phase 3); thence leaving USA and through the parent tract (New River Ledges Associates, LLC, DB 642 19, Fayetteville Corp. Tax 36, Parcel) South 00DEGREES 08 55 West a distance of 82.08 feet to a point; thence South 18DEGREES 21 55 West a distance of 36.64 feet to a point; thence South 72DEGREES 14 59 West a distance of79.31 feet to a 51/3 capped rebar set; thence South 13DEGREES 16 35 West a distance of 367.87 feet to a 51/3 capped rebar set, said rebar also being the southeast corner of Bridgeview Estates Lot 32 (Phase 3); thence North 79DEGREES 26 56 West a distance of 220.75 feet to a point, said also being the southwest corner of Bridgeview Estates Lot 32 (Phase3); thence South 71DEGREES 55 04 West a distance of 379.50 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 34 (Phase 3); thence South 33DEGREES 46 34 West a distance of 299.22 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 18 (Phase 3); thence South 29DEGREES 40 26 West a distance of 253.76 feet to a point, said point also being the eastern corner of Bridgeview Estates Lot 7 (Phase 3); thence North 68DEGREES 48 33 West a distance of 314.53 feet to a point, said point also being the northwestern corner of Bridgeview Estates Lot 7 (Phase 3), said point also being labeled “Pt C” on the aforementioned exhibit map; thence South 27DEGREES 06 30 West a distance of 254.48 feet to a point, said point also being the western corner of Bridgeview Estates Lot 6 (Phase 3); thence North 52DEGREES 31 53 West a distance of 226.42 feet to a point, said point also being labeled “Pt B” on the aforementioned exhibit map; thence North 03DEGREES 50 48 West a distance of 321.52 feet to a point; thence North 22DEGREES 37 34 West a distance of 356.69 feet to a point; thence North 19DEGREES 27 24 West a distance of 263.84 feet to a point; thence North 72DEGREES 39 33 West a distance of 147.32 feet to a point; thence South 56DEGREES 43 49 West a distance of 273.67 feet to a point; thence South 81DEGREES 01 13 West a distance of 213.86 feet to a point; thence South 48DEGREES 10 50 West a distance of 346.15 feet to a point; thence South 13DEGREES 13 16 West a distance of 386.07 feet to a point, said point also being labeled “Pt. A” on the aforementioned exhibit map; thence South 26DEGREES 46 16 West a distance of 323.87 feet to a point; thence North 71DEGREES 23 58 West a distance of 597.95 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 51 (Phase 6); thence South 32DEGREES 31 44 West a distance of 359.18 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 47 (Phase 6); thence North 49DEGREES 20 56 West a distance of 289.18 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 46 (Phase 6); thence South 31DEGREES 32 52 West a distance of 144.80 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 45 (Phase 6); thence South 48DEGREES 51 55 West a distance of 158.97 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 44 (Phase 6); thence South 76DEGREES 16 15 West a distance of 167.88 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 43 (Phase 6); thence South 03DEGREES 33 56 West a distance of 469.55 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 42 (Phase 6); thence South 46DEGREES 13 36 West a distance of 230.32 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 40 (Phase 6); thence South 84DEGREES 37 02 West a distance of 653.84 feet to a 51/3 capped rebar found, said rebar also being on the right-of-way of Red Oak Road, said rebar also being the southwestern corner to Bridgeview Estates Lot 38 (Phase 6); thence with the right-of-way along a curve turning to the left with and arc length of 176.32 with a radius of 330.83 with a chord bearing of North 30DEGREES 44 07 West, with a chord length of 174.24′ to a point; thence continuing with the right-of-way, North 46DEGREES 45 28 West a distance of 79.70 feet to a 51/3 capped rebar set, said rebar also being the southern corner of Bridgeview Estates Lot 36 (Phase 6); thence leaving the right-of-way, North 04DEGREES 52 40 East a distance of 777.60 feet to a 51/3 capped rebar set; thence South 86DEGREES 37 08 West a distance of 245.30 feet to the Point of Beginning, having an area of 88.1 acres, more or less. The aforementioned respondents are hereby notified a copy of said Petition for Condemnation ight of Entry may be obtained from the Fayette County Circuit Clerk’s office at 100 North Court Street, Fayetteville, West Virginia, 25840, for the purposes of appearing and defending. The Petition for Condemnation ight of Entry may also be obtained from the attorneys for AEP West Virginia Transmission Company, Inc., Stephen F. Gandee, Post Office Box 128, 140 West Main Street, Suite 300, Clarksburg, West Virginia, 26302-0128, or Douglas C. McElwee, 700 Virginia Street East, Suite 400, Charleston, West Virginia, 25301. The aforementioned respondents are further notified that a hearing on the said Petition for Condemnation ight of Entry will occur on February 16, 2024, at 9:00 a.m., in the Circuit Court of Fayette County, West Virginia, located at 100 North Court Street, Fayetteville, West Virginia, 25840, before the Honorable Paul M. Blake, Jr. You may appear for hearing as stated above, and are notified that any failure to appear may result in the waiver of any defenses or claims, if any, you may hav