Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA BOARD OF EDUCATION OF THE COUNTY OF KANAWHA, a statutory corporation, Petitioner, vs. VESTA OIL & GAS HOLDINGS, LLC, D/B/A VESTA OIL & GAS WV, LLC; H&L TRUST, c/o MAXINE MOLES, TRUSTEE; ANNABELLE COPPER; DUSTIN B. O’DELL; GARY O’DELL; WEST VIRGINIA UNEMPLOYMENT COMPENSATION DIVISION; MICHAEL J. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, and ALL UNKNOWN DEFENDANTS, Respondents. Civil Action No. 20-P-20 Honorable Bailey LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON February 26, 2020, AT 9:00 A. M. TO: RESPONDENTS, VESTA OIL & GAS HOLDINGS, LLC, D/B/A VESTA OIL & GAS WV, LLC; H&L TRUST, c/o MAXINE MOLES, TRUSTEE; ANNABELLE COPPER; DUSTIN B. O’DELL; GARY O’DELL; WEST VIRGINIA UNEMPLOYMENT COMPENSATION DIVISION; MICHAEL J. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, and ALL UNKNOWN DEFENDANTS Notice is hereby given to Vesta Oil & Gas Holdings, LLC, D/B/A Vesta Oil & Gas WV, LLC; HL Trust, c/o Maxine Moles, Trustee; Annabelle Copper; Dustin B. O’Dell; Gary O’Dell; West Virginia Unemployment Compensation Division; Michael J. Rutherford, Sheriff of Kanawha County; and All Unknown Defendants (hereinafter sometimes referred to as “the aforementioned respondents”), that a Petition to Condemn Property for Public Use has been filed in the Circuit Court of Kanawha County, West Virginia, and is known as Civil Action No. 20-C-______, and styled Board of Education of the County of Kanawha vs. Vesta Oil & Gas Holdings, LLC, D/B/A Vesta Oil & Gas WV, LLC, et al. Said Petition to Condemn Property for Public Use filed under the West Virginia laws of eminent domain seeks the acquisition of property for the construction of a new elementary school upon property situate in Big Sandy District, Kanawha County, West Virginia, and described as follows: An undivided one-half (1/2) interest in the surface, together with all oil and gas underlying the same, of all that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Jordan’s Creek and Island Branch in Big Sandy District, Kanawha County, West Virginia, and being more particularly described as follows: BEGINNING at a nail in Rock, found, in Island Branch, corner to Pettry and Irvin Hoffman; thence with Irvin Hoffman for two lines; N 57-25-00 W 233.61 feet to a 36-inch White Oak above the falls, found; thence N 53-20-40 W 707.75 feet to a 3/4-inch by 30-inch reinforcing rod with a yellow plastic cap stamped “HUPP SURVEYING PS 834 354-7035” hereinafter referred to as a “Rebar”, set, in a 30-inch White Oak stump hole, found, corner to Hazel Hoffman, and Harper, from which an 8-inch Sugar Maple bears N 55-55 E at 13.6 feet; thence with Hazel Hoffman for two (2) homes; N 15-22-00 E 361.73 feet to a Rebar, set; thence N 58-56-20 E 528.00 feet to a Rebar, set, corner to Barker; thence with Barker for one (1) line; N 53-56-20 E 1039.50 feet to a 12-inch White Oak, found, corner to Gunnoe, from which a 50-inch White Oak, found, bears N 06-29-10 E at 230.67 feet; thence with Gunnoe for part of a line and Walker the remainder, S 01-43-50 W 582.59 feet to a Rebar, set, near Cemetery, from which a 10-inch Pignut Hickory bears S 26-17 W at 4.4 feet; thence with Walker for part of line and Blackwell the Remainder; S 33-55-10 E 661.83 feet to a Rebar, set, corner to Pettry, from which a 1/2-inch Rebar, found, bears S 33-55-10 E at 377.67 feet, and from which a 20-inch White Oak bears S 18-30 W at 4.2 feet; thence with Pettry for two (2) lines; S 62-02-30 W at 14.60 feet passing a 1/2 inch Rebar, found, in all 1049.86 feet to a 1/2-inch Rebar, found; thence S 17-01-00 W at 133.81 feet passing a 1/2-inch Rebar, found, in all 164.91 feet to the place of beginning, containing 34.66 acres, more or less, as surveyed by Hupp Surveying & Mapping in July, 2011, and shown on a plat attached to that certain deed of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 3017 at page 624; And being the same property conveyed to Vesta O&G Holdings, LLC, a Delaware limited liability company, by Cunningham Energy, LLC, by deed bearing date the 4th day of December, 2018, of record in the aforesaid Clerk’s Office in Deed Book 3017 at page 624. James H. Haas, Jr., conveyed a one-half (1/2) interest in the subject property to the Board of Education of the County of Kanawha by deed bearing date the 19th day of March, 2019, of record in the aforesaid Clerk’s Office in Deed Book 3026 at page 424. The aforementioned respondents are hereby notified a copy of said Petition to Condemn Property for Public Use may be obtained from the Kanawha County Circuit Clerk’s Office at the Kanawha County Circuit Clerk’s Office, Judicial Building, 200 Court Street, Charleston, West Virginia 25301, for the purposes of appearing and defending. The Petition for Condemnation/Right of Entry may also be obtained from the attorneys for the Board of Education of Kanawha County, West Virginia, J. Nicholas Barth, Post Office Box 129, 202 Berkeley Street, Charleston, West Virginia 25302. The aforementioned respondents are further notified that a hearing on the said Petition and for an Order granting Right of Entry will occur on February 26, 2020, at 9:00 a.m. in the Circuit Court of Kanawha County, West Virginia, located at 200 Court Street, Charleston, West Virginia 25301, before the Honorable Jennifer Bailey. 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 have. Entered by the Clerk of said Court on this 16th day of January, 2020. CATHY S. GATSON KANAWHA COUNTY CIRCUIT CLERK Cathy S. Gatson, Clerk By: J. Hughes Submitted By: J. Nicholas Barth WV State Bar #255 P. O. Box 129 Charleston, WV 25321 (304)342-7111 Attorney for Petitioner LC-86908 01-24,31;2020