Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 18-P-165 Hon. Carrie L. Webster APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. LIZA A. ARCEO, JOSHUA GALBRAITH, WEST VIRGINIA-AMERICAN WATER COMPANY, COLUMBIA GAS TRANSMISSION, LLC, PARTIES UNKNOWN/OWNERS, and MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON SEPTEMBER 17, 2020, AT 9:00 A.M., FOR JUST COMPENSATION HEARING TO: RESPONDENTS, LIZA A. ARCEO AND JOSHUA GALBRAITH, AND CHRISTOPHER D. NEGLEY, THEIR ATTORNEY; WEST VIRGINIA- AMERICAN WATER COMPANY, COLUMBIA GAS TRANSMISSION, LLC, PARTIES UNKNOWN/OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY Notice is hereby given to Liza A. Arceo and Joshua Galbraith, and Christopher D. Negley, their attorney; West Virginia-American Water Company, Columbia Gas Transmission, LLC, Parties Unknown/Owners, and Michael Y. Rutherford, Sheriff of Kanawha County (hereinafter sometimes referred to as “the aforementioned respondents”), that, pursuant to W. Va. Code 54-1-1, et seq., and 54-2-1, et seq., and all applicable West Virginia statutes, a just compensation hearing has been rescheduled and will be held on September 17, 2020, at 9:00 a.m., in this action in the Circuit Court of Kanawha County, West Virginia, before Judge Carrie L. Webster to determine just compensation in relation to a Petition for Condemnation and for Right of Entry, which was filed and granted in the Circuit Court of Kanawha County, West Virginia, and is known as Civil Action No. 18-P-165, and styled Appalachian Power Company vs. Liza A. Arceo, et al. An Agreed Order granting Right of Entry was entered on August 9, 2018, and a Supplemental Agreed Order granting Right of Entry was entered on October 12, 2018, in the records of the Circuit Clerk of Kanawha County, West Virginia. Said just compensation hearing will address real 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 in Charleston North Tax District, City of Charleston, Kanawha County, West Virginia, identified as Tax Map 55, Parcel 28.1, and recorded in Deed Book No. 2981, at page 457, in the office of the Clerk of the County Commission of Kanawha County, West Virginia, and being more particularly bounded and described as follows; BEGINNING at a No. 5 rebar with cap set on the southeasterly right-of-way line of Greenbrier Street or WV Route 114, said point being a common corner between the property herein conveyed and a 0.205 acre parcel of land reserved by the Grantors herein, thence following the right-of-way line of the said Greenbrier Street or WV Route 114 in a curve to the right with a radius of 1,213.24 feet, the chord of which bears N47-53-30E for a distance of 404.12 feet to a point on the southerly side of a concrete driveway at a common corner between the property herein conveyed and properly now owned by the Grantees herein Deed Book 2636, at Page 378; thence S52-04E, leaving the said Greenbrier Street or WV Route 114 and running up the hill with the line of the said Grantees herein, passing an old 3/4 iron pipe found at the common corner between the said Grantees and property owned by Lance J. Vaughn in Deed Book 1890, at page 222 at 289.89 feet, in all 720.98 feet to an old 1/2″ iron pipe in concrete found by a large black oak, a common corner between the property herein conveyed, the said Vaughn property, the property of Clinton C. Bryan in Deed Book 2513, Page 939 and the property of E. Pauline Clay in Deed Book 1153, Page 244 and Deed Book 2512, Page 950; thence S56-25-30W 304.46 feet, leaving the said Vaughn and Bryan properties and running with the said Clay property to an old 11/4 iron pipe found; thence S47-53-30W 142.77 feet, running again with the said Clay to an old 2 Iron pipe found; thence N53-40W, running with the said clay down the hill and passing the corner of Lot 36, West View Addition, then running with the said Lot 36, then Lot 35 to a point which is located S18-57W 0.56 foot from an old 1/2 Iron pipe found, said point as so located being the southernmost corner of the aforementioned 0.205 acre parcel as reserved by the Grantors herein: thence N18-57E, leaving the said West View Addition and running with the said 0.205 acre parcel, passing the said old 1/2 iron pipe found at 0.56 foot, in all 50.56 feet to a No. 5 rebar with cap set; thence N53-05-30W 173.74 feet, running down the hill with the said 0.205 acre parcel to the point of beginning, containing in all 6.848 acres, more or less. The aforementioned respondents are hereby notified a copy of said Petition for Condemnation and for Right of Entry and Agreed Orders granting Right of Entry may be obtained from the Kanawha County Circuit Clerk’s office at 111 Court Street, Charleston, West Virginia, 25301, for the purposes of appearing and defending. The Petition for Condemnation and for Right of Entry and Agreed Orders granting 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, at the said hearing to determine just compensation on September 17, 2020, at 9:00 a.m., in the Circuit Court of Kanawha County, West Virginia, located at 111 Court Street, Charleston, West Virginia, 25301, before the Honorable Carrie L. Webster, you may appear for hearing and presentation of evidence, and are notified that any failure to appear and/or present evidence may result in the waiver of any and all defenses or claims, if any, you may have regarding just compensation or otherwise in this action. Entered by the Clerk of said Court on this 25th day of August, 2020. CATHY S. GATSON KANAWHA COUNTY CIRCUIT CLERK By: J. Hughes Deputy Clerk Submitted by: /s/ Douglas C. McElwee 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-97457 08-26/09-02;2020