Legal Notices

IN THE CIRCUIT COURT OF LINCOLN COUNTY, WEST VIRGINIA Civil Action No. 20-C-53 Hon. Jay M. Hoke AEP WEST VIRGINIA TRANSMISSION COMPANY, INC., a West Virginia corporation, Petitioner, vs. TIMOTHY DEHAVEN, BRENDA DEHAVEN, UNKNOWN PERSONS/OWNERS and GARY LINVILLE, SHERIFF OF LINCOLN COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON NOVEMBER 24, 2020, AT 11:00 A.M. TO: RESPONDENTS, TIMOTHY DEHAVEN, BRENDA DEHAVEN, UNKNOWN PERSONS/OWNERS, AND GARY LINVILLE, SHERIFF OF LINCOLN COUNTY, WEST VIRGINIA Notice is hereby given to Timothy DeHaven, Brenda DeHaven, Unknown Persons/Owners, and Gary Linville, Sheriff of Lincoln 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 Lincoln County, West Virginia, and is known as Civil Action No. 20-C-53, and styled AEP West Virginia Transmission Company, Inc. vs. Timothy DeHaven, et al. Said Petition for Condemnation/Right of Entry under the West Virginia laws of eminent domain seeks 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. for property most recently recorded in Deed Book 321, at page 686, in the records of the Clerk of the County Commission of Lincoln County, West Virginia, and situate on Big Ugly Creek, Harts Creek District, Lincoln County, West Virginia, and further identified as Tax Map 13, Parcel 3.1 (TRACT No. ONE), and Map 13, Parcel 14 (TRACT No. TWO), and being more specifically bounded and described as follows: 112.5 AC M/L BIG UGLY CREEK HARTS CREEK TRACT No. ONE: Beginning at the call sycamore north east of a falls in a drain; thence S 56-1/3 E 21 1/2 P to a stake on a bottom on the east side of creek at or near the call of a white walnut; thence down the creek N 34 E 47 P to a point in creek under R. R. trestle (lore edge thereof) N 9 1/2 E 8-1/5 P to a point or place at or near the mouth of the Laurel Fork N 43-1/2 W 27-2/5 P; thence N 16 W 26 P; thence N 28 W 43-1/2 P; thence N 49 1/2 W 10 P; thence N 72 1/2 W 12 P; thence N 77 W 27-4/5 P; thence S 87 1/2 W 24 P to a sycamore on north band of creek (from which the south corner of a school house bears N 33 1/2 E 2 P); thence leaving the meanderings of creek and crossing creek S 55 W 68 P to three small pines on ridge, two black oaks and a chestnut marked as pointers, S 21 E 63-2/5 P to a white oak stump on south side of a ridge S 16 1/2 W 47 P to a stake N 83 E (V 2 30′) 120 P to the place of beginning, containing one hundred twelve and one-half (112 1/2) acres, more or less. TRACT No. TWO: Beginning at a large rock on the top of the fork point, between main Big Ugly Creek and Laurel Fork N 60 W 63 poles to the place of a white walnut on the south bank of main Big Ugly; thence crossing the creek and up a drain, N 56-1/3 W (V 1-1/2) 21-1/2 poles to two sycamores on the east side of a water fall; S 83 W (V 1-1/2) 120 poles to a stake in the line of a 230 acre survey made for Hamilton Fry and with the back line of same, S 4 W (V 5 ) 28 poles to a white oak and hickory on a ridge; S 27 E (V 4 ) 89 poles to a black pine on said ridge; S 10 E (V 3 ) 46 poles to a stake; thence leaving the line of said survey N 79-1/4 E 36 poles to three small chestnuts on the top of the knob; N 7-2/5 W 16 poles to a chestnut oak; N 2-3/4 E 16 poles to a red oak; N 52-1/2 E 14-2/5 poles to a double pine; N 69-1/2 E 12 poles to a stake; S 86-3/4 E 56-1/5 poles to the place of a beech on the creek bank; N 2 E 22-1/5 poles crossing Big Ugly Creek to the place of a beech near a large rock; N 68 E 61 poles to a black oak on top of a ridge; N 13-1/2 W 12 poles to a stake N 2-1/2 E 7-2/5 poles to a sour-wood on top of a knob; N 43-1/2 W 19 poles to the beginning, containing one hundred and twenty-six and three-tenths (126-3/10) acres, more or less. There is EXCEPTED and RESERVED from the above parcel the following described real estate: Beginning at a red oak and “X” on rock east side of Laurel Fork; thence 270 W 500 feet to a bridge; thence running southwest up Big Ugly Creek to the corner of Raymond Reynolds; thence running N 68 E to a black oak on ridge; thence N 13-1/2 W to a stake; thence N 2-1/2 E to a sour wood on top off knob; thence N 43 W to a large rock on fork point; thence 270 W following the Ronald Smith property to the corner of Dave Bailey to the place of beginning, containing 35 acres, more or less. The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/Right of Entry may be obtained from the Lincoln County Circuit Clerk’s office at 8000 Court Avenue, Hamlin, West Virginia, 25523, for the purposes of appearing and defending. The Petition for Condemnation/Right 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/Right of Entry will occur on November 24, 2020, at 11:00 a.m., in the Circuit Court of Lincoln County, West Virginia, located at 8000 Court Avenue, Hamlin, West Virginia, 25523, before the Honorable Jay M. Hoke. 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 8th day of October, 2020. CHARLES BRUMFIELD LINCOLN COUNTY CIRCUIT CLERK By Lynn Parson Deputy Clerk Submitted by: 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-99840 10-15,22;2020