Legal Notices

IN THE CIRCUIT COURT OF BOONE COUNTY, WEST VIRGINIA Civil Action No. CC-03-2020-C-47 APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. LEXINGTON COAL COMPANY, LLC, UNKNOWN PERSONS/OWNERS and RANDALL WHITE, SHERIFF OF BOONE COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON JULY 9, 2020, AT 1:45 P.M. TO: RESPONDENTS, LEXINGTON COAL COMPANY, LLC, UNKNOWN PERSONS/OWNERS, AND RANDALL WHITE, SHERIFF OF BOONE COUNTY, WEST VIRGINIA Notice is hereby given to Lexington Coal Company, LLC, 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-C-47, and styled Appalachian Power Company vs. Lexington Coal Company, LLC, 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 Bias branch of the Spruce Fork of Little Coal River, in Washington District, Boone County, West Virginia, and identified as Tax Map 32, Parcel 18, and recorded in Deed Book No. 205, at page 284, in the office of the Clerk of the County Commission of Boone County, West Virginia, and bounded and described as follows: 3,657.57 FEE, EXCEPT O&G & 606.94 SF & 3,114.03 TIMBER SPRUCE FORK (TRACT E) SECOND: Situate on Bias branch of the Spruce Fork of Little Coal River, in said county, bounded and described, as follows, to-wit: BEGINNING at a black oak on the Shady Fork of Bias Branch below the new county road and near the old trail leading to Jacks Branch, a corner to a 461 acre tract of land patented to Simeon Bias, thence leaving the said 461 Acre tract S 32 05 E – 8-1/2 poles to a Lynn, a corner to a 210 Acre tract of land, patented to the said Bias and with same S 20 20 W – 67 – 1/2 poles to a chestnut Oak, (white oak down) S 52 15 E – 198 – 1/2 poles to a stone Chestnut Oak witness Dogwood called for, thence leaving said 210 Acre patent S 1 15 E – 125 poles to a stone on the Jacks Branch side of the ridge, two dogwoods, chestnut and Lynn Witnesses, thence S 78 40 W – 187 poles to a poplar stump corner to the Simeon Bias 461 Acre Patent, and with same N 20 10 E – 111 – 1/2 poles to a Beech stump near the mouth of Piggin Hollow N 2 30 E – 81 poles to a stone pile on the point below Gunwale Branch, two hickories and two Black Oak witnesses N 55 10 W – 139 poles to a white oak and two Black Oak witnesses N 55 10 W – 139 poles to a white oak and two Black Oak witnesses N 20 55 E – 22 poles to a beech N 59 30 E – 123 – 1/4 poles to the Beginning, containing 199.8 Acres, more or less. Being a part of the tract of land containing 3,657.57 acres that was conveyed unto Yawkey & Freeman Coal Company by Boone County Coal Corporation by Deed Book 19, at page 424, dated June 20, 1919. 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 1:45 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-93741 06-11,18;2020