IN THE CIRCUIT COURT OF BOONE COUNTY, WEST VIRGINIA Civil Action No. CC-03-2020-P-55 APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. HUGH D. DALE, CYNTHIA E. DALE, CHARLES M. BYRNSIDE, PRISCILLA H. BYRNSIDE, HOPE GAS, INC. DBA DOMINION ENERGY WEST VIRGINIA, UNKNOWN PERSONS/OWNER and RANDALL WHITE, SHERIFF OF BOONE COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON JULY 9, 2020, AT 2:15 P.M. TO: RESPONDENTS, HUGH D. DALE, CYNTHIA E. DALE, CHARLES M. BYRNSIDE, PRISCILLA H. BYRNSIDE, HOPE GAS, INC. DBA DOMINION ENERGY WEST VIRGINIA, UNKNOWN PERSONS/OWNERS, AND RANDALL WHITE, SHERIFF OF BOONE COUNTY, WEST VIRGINIA Notice is hereby given to Hugh D. Dale, Cynthia E. Dale, Charles M. Byrnside, Priscilla H. Byrnside, Hope Gas, Inc. dba Dominion Energy West Virginia, Unknown Persons/Owners, and Randall White, Sheriff of Boone County, West Virginia (hereinafter sometimes referred to as “the aforementioned respondents”) that a Petition for Condemnation/Right of Entry has been filed in the Circuit Court of Boone County, West Virginia, and is known as Civil Action No. 20-P-55, and styled Appalachian Power Company vs. Hugh D. Dale, et al. Said Petition for Condemnation/Right 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 Appalachian Power Company situate on Spruce Fork of the Little Coal River, in Washington District of Boone County, West Virginia, and identified as Tax Map 16, Parcel 0016, and recorded in Deed Book No. 283, at page 65, in the office of the Clerk of the County Commission of Boone County, West Virginia, and bounded and described as follows: 6 SF., LOT C, ADJ. CAMP FAIRCHANCE SPRUCE FK. Beginning at a point on the southeastern edge of Spruce Fork, common corner to Tracts B & C, leaving Spruce Fork and running with Tract C, S. 30 10 E. 102.73′ to a 10” Buckeye near the toe of the hill; thence running up hill with tract C, S. 22 42 E. 382.76′ to a 5/8” rebar/cap on point; thence running with Tract C, S. 71 37 E. 71.70′ to a point in center of road, common corner to Tracts B, C & E; thence running with Tract E, S. 71 37 E. 35.20′ to a 5/8 rebar/cap on point, N. 78 06 E. 132.25′ to a 5/8” rebar/cap on point; thence running with Tract E around hill, N. 45 50 E. 130.37′ to a 36” Red Oak, N. 57 21 E. 114.99′ to a 14” White Oak, N. 26 07 E. 95.86′ to a 5/8” rebar/cap, N. 41 34 E. 23.85′ to a point, near center of point ridge; thence leaving Tract E and running down point ridge, N. 12 02 W. 266.38′ to a 14” Chestnut Oak on center of point above road, corner to Tracts C & D; thence running with Tract D, S. 88 31 W. 321.04′ to a 11” Beech near toe of hill, N. 57 48 W. 79.28′ to a point on the southeastern edge of Spruce Fork; thence running up and with southeastern edge of Spruce Fork, S. 50 50 W. 126.80′, S. 80 33 W. 137.90′ to the point of beginning and containing 6.00 acres. The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/Right of Entry may be obtained from the Boone County Circuit Clerk’s office at 200 State Street, Madison, West Virginia, 25130, for the purposes of appearing and defending. The Petition for Condemnation/Right of Entry may also be obtained from the attorneys for Appalachian Power Company, 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/Right of Entry will occur on July 9, 2020, at 2:15 p.m., in the Circuit Court of Boone County, West Virginia, located at 200 State Street, Madison, West Virginia, 25130, before the Honorable William S. Thompson. 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 9th day of June, 2020. SUE ANN ZICKEFOOSE BOONE COUNTY CIRCUIT CLERK Submitted by: /s/ Stephen F. Gandee Douglas C. McElwee (W. Va. State Bar I.D.: 2449) Stephen F. Gandee (W. Va. State Bar I.D.: 5204) Post Office Box 1791 Charleston, West Virginia 25324 (304) 347-8310 Attorneys for Petitioner LC-93738 06-11,18;2020
