IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
Civil Action No. CC-10-2023-C-40
Hon. Paul M. Blake, Jr.
AEP WEST VIRGINIA
TRANSMISSION COMPANY, INC., a West Virginia corporation,
Petitioner,
vs.
WVA MANUFACTURING, LLC, DANIEL B. BENDA, JR., BRUCE P. BENDA, FRONTIER WEST VIRGINIA, INC., CRANBERRY PIPELINE CORPORATION, NEW HAVEN PUBLIC SERVICE DISTRICT, LUMOS NETWORKS OF WEST VIRGINIA, INC., UNKNOWN PERSONS/OWNERS and MICHAEL FRIDLEY, SHERIFF OF FAYETTE COUNTY, WEST VIRGINIA,
Respondents.
AMENDED LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON
JUNE 1, 2023, AT 10:00 A.M.
TO: RESPONDENTS, WVA MANUFACTURING, LLC, DANIEL B. BENDA, JR., BRUCE P. BENDA, FRONTIER WEST VIRGINIA, INC., CRANBERRY PIPELINE CORPORATION, NEW HAVEN PUBLIC SERVICE DISTRICT, LUMOS NETWORKS OF WEST VIRGINIA, INC., UNKNOWN PERSONS/OWNERS, AND MICHAEL FRIDLEY, SHERIFF OF FAYETTE COUNTY, WEST VIRGINIA
Notice is hereby given to WVA Manufacturing, LLC, Daniel B. Benda, Jr., Bruce P. Benda, Frontier West Virginia, Inc., Cranberry Pipeline Corporation, New Haven Public Service District, Lumos Networks of West Virginia, Inc., Unknown Persons/Owners, and Michael Fridley, Sheriff of Fayette 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 Fayette County, West Virginia, and is known as Civil Action No. CC-10-2023-C-40, and styled AEP West Virginia Transmission Company, Inc. vs. WVA Manufacturing, 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 AEP West Virginia Transmission Company, Inc. situate and being at Alloy, Valley District, Fayette County, West Virginia, and identified as Tax Map 37, Parcel 27, and recorded in Deed Book No. 653, at page 309, in the office of the Clerk of the County Commission of Fayette County, West Virginia, and bounded and described as follows:
FEE 150.13 ALLOY PLANT
SITE PAR 1
400/250 617/640 817/222
RECORD DESCRIPTION:
“WEST VIRGINIA ALLOYS – ALLOY SMELTING PLANT”
CONTAINING 150.13 ACRES (GROSS)
LOCATED AT ALLOY, VALLEY DISTRICT, FAYETTE COUNTY, WEST VIRGINIA
BEGINNING at a rebar (set) in the westerly right-of-way of line of Consolidated Rail Corporation at the southeasterly corner of a parcel of land containing 0.086 acre described in deed from Eastern Gas and Fuel Associates to Godfrey L. Cabot, Inc. dated December 31,1947 and recorded in the office of the Clerk of the County Commission of Fayette County in Deed Book 131, page 397, said point being located S. 09deg.35’00” W., 960.46 feet from Electro Metallurgical Monument No. 296 (found), said rebar also being the beginning corner of Parcel One described in deed from Union Carbide Corporation to Elkem Metals Company dated June 25, 1981 recorded in said Clerk’s office in Deed Book 400, page 250, said Parcel One also shown on map recorded in said Clerk’s office in Photostatic Map Book 21, pages 37 thru 55, and running thence from said beginning point with the westerly right-of-way line of Consolidated Rail Corporation,
1. S. 26deg.54’00” E., 600.00 feet to a rebar (set); thence continuing with said right-of-way line,
2. S. 26deg.54’00” E., 350.00 feet to a rebar (set); thence continuing with said right-of-way line with a curved line to the left with four chords thereof,
3. S. 28deg.31’00” E., a chord distance of 163.01 feet to a rebar (formerly Electro Metallurgical Monument No. 324); thence
4. S. 29deg.05’00” E., a chord distance of 200.00 feet to a rebar; thence
5. S. 32deg.15’00” E., a chord distance of 200.00 feet to a rebar; thence
6. S. 36deg.28’30” E., a chord distance of 225.48 feet to a rebar; thence leaving westerly right-of-way line and running across said railroad right-of-way line,
7. N. 54deg. 20’00” E., 66.00 feet to a rebar (formerly Monument No. 246) located in the easterly right-of- way line of said railroad; thence running with the easterly right-of-way line
8. S. 35deg.40’00” E., 120.33 feet to a rebar (formerly Monument No. 245); thence continuing with easterly right-of-way line,
9. S. 38deg.53’30” E., 341.42 feet to a rebar (formerly Monument No. 243); thence continuing with railroad right-of-way line,
10. S. 43deg.15’00” E., 473.50 feet to a rebar (formerly Monument No. 267); thence
11. S. 45deg.36’00” E., 249.80 feet to a rebar (formerly Monument No. 266); thence leaving easterly right-of-way line of Consolidated Rail Corporation and running
12. N. 47deg.30’38” E., 119.89 feet to a rebar with aluminum disk cap in the southerly right-of-way line of WV- U. S. Route No. 60, said point being located 30 feet south of and at right angle to the centerline; thence running with the southerly right-of-way line of WV – U.S. Route No. 60,
13. S. 45deg.03’48” E., 152.76 feet to a rebar with aluminum disk cap at an offset in said right-of-way line; thence with said offset,
14. S. 44deg. 44’42” W., 10.01 feet to a rebar with aluminum disk cap located 40 feet south of and at right angle to centerline; thence continuing with said right-of-way line and being 40 feet south of and parallel to centerline,
15. S. 46deg.10’53” E., 200.39 feet to a rebar with aluminum disk cap at an offset in said right-of-way line; thence with said offset,
16. N. 44deg.00’13” E., 5.00 feet to a rebar with aluminum disk cap located 35 feet south of and at right angle to centerline of WV – U. S. Route No. 60; thence continuing with said right-of-way line and being 35 feet south of and parallel to centerline,
17. S. 45deg.40’03” E., 50.00 feet to a rebar with aluminum disk cap; thence
18. S. 45deg.40’03” E., 99.98 feet to a rebar with aluminum disk cap; thence
19. S. 45deg.40’09” E., 100.01 feet to a rebar with aluminum disk cap; thence
20. S. 45deg.35’32” E., 99.93 feet to a rebar with aluminum disk cap; thence
21. S. 45deg.38’30” E., 100.04 feet to a rebar with aluminum disk cap; thence
22. S. 45deg.39’01” E., 200.04 feet to a rebar with aluminum disk cap; thence
23. S. 45deg.42’50” E., 99.93 feet to a rebar with aluminum disk cap at an offset in said right-of-way line; thence running with said offset line of WV U.S. Route No. 60,
24. S. 44deg.28’48” W., 4.97 feet to a rebar with aluminum disk cap located 40 feet south of and at right angle to centerline of said road; thence running
25. S. 45deg.35’29” E., 75.05 feet to a rebar with aluminum disk cap; thence
26. S. 45deg.40’04” E., 74.92 feet to a rebar with aluminum disk cap at an offset in said right-of-way line; thence running with said offset,
27. N. 45deg.08’36” E., 10.19 feet to a rebar with aluminum disk cap located 30 feet of and at right angle to centerline; thence continuing with said right-of-way line,
28. S. 45deg.30’35” E., 60.85 feet to a rebar with aluminum disk cap at an offset in said right-of-way line; thence with said offset
29. S. 44deg.00’04” W., 5.04 feet to a rebar with aluminum disk located 35 feet south of and at right angle to centerline; thence
30. S. 46deg.20’00” E., 89.96 feet to a rebar with aluminum disk cap at an offset in said right-of-way line; thence with said offset
31. N. 40deg.23’36” E., 5.00 feet to a rebar with aluminum disk cap located 30 feet south of and at right angle to centerline of WV- U. S. Route No. 60; thence continuing with southerly right-of-way line of said road,
32. S. 47deg.54’07” E., 104.32 feet to a rebar with aluminum disk cap; thence
33. S. 49deg.25’58” E., 99.95 feet to a rebar with aluminum disk cap; thence
34. S. 51deg.00’33” E., 100.15 feet to a rebar with aluminum disk cap; thence
35. S. 52deg.33’12” E., 100.12 feet to a rebar with aluminum disk cap in asphalt at Boomer Post Office parking lot; thence continuing with said right-of- way line,
36. S. 53deg.55’48” E., 99.98 feet to a rebar in asphalt entrance road to Elkem Metals Alloy Plant; thence continuing with road right-of-way line,
37. S. 54deg.54,17″ E., 200.00 feet to a rebar with aluminum disk cap at an offset in road right-of-way line; thence with said offset,
38. S. 35deg.18’53” W., 5.00 feet to a rebar with aluminum disk cap located 35 feet south of road centerline; thence running with a line parallel to and 35 feet south of,
39. S. 51deg.46’36” E., 77.02 feet to a rebar (set) at the corner to the 0.4469 acre parcel of land encompassing the “JARRETTS BRANCH STEAM PURIFICATION FACILITY”; thence leaving the southerly right-of-way line of WV – U. S. Route No. 60 and running with the westerly line of said 0.4469 acre parcel and existing chain link fence of “JARRETTS BRANCH STEAM PURIFICATION FACILITY”,
40. S. 42deg.28’36” W., 151.57 feet to a fence post corner; thence continuing with said fence line and being the southerly line of said 0.4469 acre parcel,
41. S. 47deg.26’44” E., 123.81 feet to a fence post corner being the southeast corner of 0.4469 acre parcel; thence continuing with existing fence line and being the easterly line of said parcel,
42. N. 40deg.41’44” E., passing a fence post corner on line at 107.57 feet and continuing on in the same straight line, in all a distance of 166.54 feet to a rebar (set) in the southerly right-of-way line of WV -U.S. Route No. 60, 30 feet from the centerline; thence running with the southerly right-of-way line of WV – U. S. Route No. 60 and being 30 feet south of the centerline,
43. S. 52deg.18’49” E., 274.47 feet to a rebar with aluminum disk cap; thence
44. S. 49deg.21’15” E., 279.22 feet to a rebar with aluminum disk cap; thence
45. S. 49deg.03’50” E., 150.43 feet to a rebar with aluminum disk cap; thence
46. S. 49deg.32’33” E., 153.54 feet to a rebar with aluminum disk cap; thence
47. S. 51deg.11’48” E., 149.52 feet to a rebar with aluminum disk cap; thence
48. S. 53deg.55’25” E., 378.90 feet to a rebar with aluminum disk cap; thence
49. S. 58deg.00’18” E., 248.41 feet to a rebar; thence
50. S. 58deg.22’22” E., 406.02 feet to a rebar; thence
51. S. 59deg.19’36” E., 715.60 feet to a rebar in the original easterly line of PARCEL ONE containing 649.820 acres (gross) described in deed from Union Carbide Corporation to Elkem Metals Company by Deed Book 400, page 250, said point located S. 48deg.52’00” W., 382.03 feet from Monument No. 338; thence leaving the southerly right-of-way line of WV – U. S. Route No. 60 and running with a part of the easterly line of PARCEL ONE – 649.820 acres (gross),
52. S. 48deg.52’00” W., 57.97 feet to a rebar at a common corner to PARCEL ONE and PARCEL ONE-A described in Deed Book 400, page 250; thence running with one northerly line of PARCEL ONE-A,
53. S. 60deg.22’00” E., 58.00 feet to a rebar being the northeast corner of PARCEL ONE-A; thence running with the easterly line of original PARCEL ONE-A containing 1.158 acre,
54. S. 39deg.38’00” W., 85.00 feet, more or less to the water’s edge of the Kanawha River; thence running with the water’s edge of Kanawha River as it meanders,
55. N. 61deg.31’00” W., 178.93 feet to a point being a common corner to PARCELS ONE & ONE-A described in Deed Book 400, page 250; thence running with PARCEL ONE with the waters edge of Kanawha River with its meanders,
56. N. 59deg.30’00” W., 220.00 feet to a point; thence
57. N. 70deg.00,00″ W., 215.00 feet to a point; thence
58. N. 59deg.54’00” W., 407.69 feet to a point; thence
59. N. 63deg.55’00” W„ 250.00 feet to a point; thence
60. N. 69deg.25,00″ W., 170.00 feet to a point; thence
61. N. 73deg.50’00” W., 160.00 feet to a point; thence
62. N. 74deg.30’00” W., 280.00 feet to a point; thence
63. N. 81deg.05’00” W., 205.10 feet to a point; thence
64. S. 83deg.29”00″ W., 278.47 feet to a point; thence
65. S. 74deg.00’00” W., 100.00 feet to a point; thence
66. S. 27deg.00’00” W., 80.00 feet to a point; thence
67. S. 69deg.15’00” W., 90.00 feet to a point; thence
68. N. 83deg.30’00” W., 170.00 feet to a point; thence
69. N. 74deg.05’00” W., 150.00 feet to a point; thence
70. S. 89deg.00’00” W., 250.00 feet to a point; thence
71. N. 80deg.00’00” W., 405.00 feet to a point; thence
72. N. 63deg.28’00” W., 266.00 feet to a point; thence
73. N. 50deg.45’00” W., 336.00 feet to a point; thence
74. N. 45deg.00’00” W., 296.00 feet to a point; thence
75. N. 29deg.50’00” W., 190.00 feet to a point; thence
76. N. 35deg.00’00” W., 230.00 feet to a point; thence
77. N. 33deg.20’00” W., 219.00 feet to a point; thence
78. N. 35deg.35’00” W., 231.00 feet to a point; thence
79. N. 32deg.00’00” W., 220.00 feet to a point; thence
80. N. 28deg.05’00” W., 177.00 feet to a point; thence
81. S. 87deg.20’00” W., 50.00 feet to a point; thence
82. N. 05deg.00’00” W., 120.00 feet to a point; thence
83. N. 33deg.32’00” W., 280.00 feet to a point; thence
84. N. 31deg.40’00” W., 400.00 feet to a point; thence
85. N. 27deg.00’00” W., 270.00 feet to a point; thence
86. N. 18deg.40’00” W., 241.00 feet to a point; thence
87. N. 43deg.00’00” W., 178.00 feet to a point; thence
88. N. 18deg.30’00” W., 200.00 feet to a point; thence
89. N. 15deg.20’00” W., 190.00 feet to a point; thence
90. N. l0deg.30’00” W., 197.00 feet to a point; thence
91. N. 05deg.35’00” W., 390.00 feet to a point; thence
92. N. 14deg.45’00” W„ 118.00 feet to a point; thence
93. N. 01deg.40’00” W., 215.00 feet to a point; thence
94. N. 13deg.15’00” W., 233.00 feet to a point; thence
95. N. 21deg.40’00” W., 328.00 feet to a point located at a common corner to PARCEL ONE described in Deed Book 400, page 250 and the 3.46 acre parcel of land owned by Exxon being described in Deed book 309, page 533; thence leaving waters edge of Kanawha River and running with common line Elkem and Exxon,
96. N. 63deg.06’00” E., 127.00 feet to a point located at the common corner to said tracts and also being a common corner to the parcel of land containing 0.086 acre owned by Cabot Corporation being described in Deed Book 131, page 397; thence leaving common corner to Exxon and running with two common lines between Elkem and Cabot Corporation,
97. S. 26deg.54’00” E., 50.00 feet to a point; thence
98. N. 63deg.06’00” E., 75.00 feet to the point of beginning, containing 150.13 acres, or 653,767.10 square feet, more or less (gross).
The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/Right of Entry may be obtained from the Fayette County Circuit Clerk’s office at 100 North Court Street, Fayetteville, West Virginia, 25840, 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 June 1, 2023, at 10:00 a.m., in the Circuit Court of Fayette County, West Virginia, located at 100 North Court Street, Fayetteville, West Virginia, 25840, before the Honorable Paul M. Blake, Jr. 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 20th day of April, 2023.
CATHY JARRETT
FAYETTE COUNTY
CIRCUIT CLERK
By: Deputy 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 25326
(304) 347-8310
Attorneys for Petitioner
E-FILED | 4/20/2023 10:24 AM
CC-10-2023-C-40