IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
Civil Action No. CC-10-2024-C-1
Hon. Paul M. Blake, Jr.
AEP WEST VIRGINIA
TRANSMISSION COMPANY, INC., a West Virginia corporation,
Petitioner,
vs.
RIM VIEW PRESERVE, LLC, NEW RIVER LEDGES ASSOCIATES, LLC, NEW RIVER GORGE PRESERVE HOMEOWNERS’ ASSOCIATION, INC., FRONTIER WEST VIRGINIA INC., UNKNOWN PERSONS/ OWNERS and MIKE FRIDLEY, SHERIFF OF FAYETTE COUNTY, WEST VIRGINIA,
Respondents.
LEGAL NOTICE OF
PUBLICATION AND
NOTICE TO APPEAR
ON FEBRUARY 16, 2024,
AT 9:00 A.M.
TO: RESPONDENTS, RIM VIEW PRESERVE, LLC, NEW RIVER LEDGES ASSOCIATES, LLC, NEW RIVER GORGE PRESERVE HOMEOWNERS’ ASSOCIATION, INC., FRONTIER WEST VIRGINIA INC., UNKNOWN PERSONS/OWNERS, AND MIKE FRIDLEY, SHERIFF OF FAYETTE COUNTY, WEST VIRGINIA
Notice is hereby given to Rim View Preserve, LLC, New River Ledges Associates, LLC, New River Gorge Preserve Homeowners’ Association, Inc., Frontier West Virginia Inc., Unknown Persons/Owners, and Mike 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-10-2024-C-1, and styled AEP West Virginia Transmission Company, Inc. vs. Rim View Preserve, 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 in the Town of Fayetteville, Fayetteville District, Fayette County, West Virginia, and identified as Tax Map 36N, Parcel 13, and recorded in Deed Book No. 700, at page 63, in the office of the Clerk of the County Commission of Fayette County, West Virginia, which property is more particularly bounded and described as follows:
Beginning at a 3/4” capped pipe found, said pipe also being a common corner to Fayette County Commission (DB574/423, new haven tax map 4IN, Parcel 3); thence with Fayette Co. Comm., South 74° 49´38” West a distance of 300.06 feet to a ¾” capped pipe found, said pipe also being on the eastern Right-of way of WV Route 16; thence leaving Fayette Co. Comm. And with the Right-of way, North 00°10´15” West a distance of 142.82 feet to a point, said point also being a common corner to Arrow WV, Inc. (DB 676/506, Fayetteville Tax Map 36, Parcel 1.1); thence leaving the Right-of-way and with Arrow the following thirty-five calls, North 62°51´23” East a distance of 184.98 feet to a point; thence South 84°11´30” East a distance of 71.73 feet to a point; thence North 55°29´20” East a distance of 71.56 feet to a point; thence North 78°29´22” East a distance of 113.43 feet to a point; thence North 73°56´56” East a distance of 73.61 feet to a point; thence North 66°30´56” East a distance of 73.61 feet to a point; thence North 66°30´56” East a distance of 66.62 feet to a point; thence North 89°40´44” East a distance of 56.51 feet to a point; thence North 89°24´19” East a distance of 77.44 feet to a point; thence South 89°30´44” East a distance of 121.26 feet to a point; thence South 89°30´44” East a distance of 121.28 feet to a point; thence South 76°26´58” East a distance of 110.59 feet to a point; thence South 58°29´45” East a distance of 98.77 feet to a point; thence North 86°16´21” East a distance of 61.39 feet to a point; thence North 87°47´59” East a distance of 145.44 feet to a point; thence North 75°47´14” East a distance of 92.14 feet to a point; thence South 81°25´49” East a distance of 103.67 feet to a point; thence South 65°07´30” East a distance of 54.89 feet to a point; thence North 58°37´15” East a distance of 46.65 feet to a point; thence North 54°57´03” East a distance of 377.31 feet to a point; thence North 71°03´11” East a distance of 53.54 feet to a point; thence North 54°01´06” East a distance of 88.48 feet to a point; thence North 33°39´36” East a distance of 190.50 feet to a point; thence North 66°49´38” East a distance of 95.25 feet to a point; thence North 78°06´41” East a distance of 155.62 feet to a point; thence South 81°37´08” east a distance of 101.13 feet to a point; thence North 67°04´05” East a distance of 59.34 feet to a point; thence South 81°57´09” East a distance of 78.23 feet to a point; thence North 55° 27´06” East a distance of 76.90 feet to a point; thence South 87°02´48” East a distance of 80.40 feet to a point; thence North 28°52´13” East a distance of 41.67 feet to a point; thence North 70°20´11” East a distance of 392.55 feet to a point; thence North 62°12´12” East a distance of 329.98 feet to a point; thence North 65°14´47” East a distance of 354.87 feet to a point; thence North 61°43´05” East a distance of 278.93 feet to a point; thence North 69°53´07” East a distance of 201.58 feet to a point, said point also being a common corner to United States of America (DB 662/587, Fayetteville Corp. Tax Map 36, Parcel 5), said point also being labeled “Pt. D” on the map entitled “Exhibit Map Showing Proposed Conveyance at Bridgeview Estates Containing Approximately 88.1 Acres”; thence leaving Arrow and with USA the following six calls, South 48°07´40” East a distance of 491.41 feet to a point; thence South 79°05´39” East a distance of 480.87 feet to a point; thence North 79°34´00” East a distance of 524.12 feet to a point; thence South 81°00´48” East a distance of 70.20 feet to a point; thence South 81°00´15” East a distance of 59.58 feet to a point; thence South 81°38´48” East a distance of106.78 feet to a point, said point also being the northeast corner of Bridgeview Estates Lot 31 (Phase 3); thence leaving USA and through the parent tract (New River Ledges Associates, LLC, DB 642/019, Fayetteville Corp. Tax 36, Parcel) South 00°08´55” West a distance of 82.08 feet to a point; thence South 18°21´55” West a distance of 36.64 feet to a point; thence South 72°14´59” West a distance of79.31 feet to a 5/8” capped rebar set; thence South 13°16´35” West a distance of 367.87 feet to a 5/8” capped rebar set, said rebar also being the southeast corner of Bridgeview Estates Lot 32 (Phase 3); thence North 79°26´56” West a distance of 220.75 feet to a point, said also being the southwest corner of Bridgeview Estates Lot 32 (Phase3); thence South 71°55´04” West a distance of 379.50 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 34 (Phase 3); thence South 33°46´34” West a distance of 299.22 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 18 (Phase 3); thence South 29° 40´ 26” West a distance of 253.76 feet to a point, said point also being the eastern corner of Bridgeview Estates Lot 7 (Phase 3); thence North 68°48´33” West a distance of 314.53 feet to a point, said point also being the northwestern corner of Bridgeview Estates Lot 7 (Phase 3), said point also being labeled “Pt C” on the aforementioned exhibit map; thence South 27°06´30” West a distance of 254.48 feet to a point, said point also being the western corner of Bridgeview Estates Lot 6 (Phase 3); thence North 52°31´53” West a distance of 226.42 feet to a point, said point also being labeled “Pt B” on the aforementioned exhibit map; thence North 03° 50´48” West a distance of 321.52 feet to a point; thence North 22°37´34” West a distance of 356.69 feet to a point; thence North 19°27´24” West a distance of 263.84 feet to a point; thence North 72°39´33” West a distance of 147.32 feet to a point; thence South 56°43´49” West a distance of 273.67 feet to a point; thence South 81°01´13” West a distance of 213.86 feet to a point; thence South 48°10´50” West a distance of 346.15 feet to a point; thence South 13°13´16” West a distance of 386.07 feet to a point, said point also being labeled “Pt. A” on the aforementioned exhibit map; thence South 26°46´16” West a distance of 323.87 feet to a point; thence North 71°23´58” West a distance of 597.95 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 51 (Phase 6); thence South 32°31´44” West a distance of 359.18 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 47 (Phase 6); thence North 49°20´56” West a distance of 289.18 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 46 (Phase 6); thence South 31°32´52” West a distance of 144.80 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 45 (Phase 6); thence South 48°51´55” West a distance of 158.97 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 44 (Phase 6); thence South 76°16´15” West a distance of 167.88 feet to a point, said point also being the northern corner of Bridgeview Estates Lot 43 (Phase 6); thence South 03°33´56” West a distance of 469.55 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 42 (Phase 6); thence South 46°13´36” West a distance of 230.32 feet to a point, said point also being the southern corner of Bridgeview Estates Lot 40 (Phase 6); thence South 84° 37´02” West a distance of 653.84 feet to a 5/8” capped rebar found, said rebar also being on the right-of-way of Red Oak Road, said rebar also being the southwestern corner to Bridgeview Estates Lot 38 (Phase 6); thence with the right-of-way along a curve turning to the left with and arc length of 176.32´ with a radius of 330.83´ with a chord bearing of North 30°44´07” West, with a chord length of 174.24’ to a point; thence continuing with the right-of-way, North 46°45´28” West a distance of 79.70 feet to a 5/8” capped rebar set, said rebar also being the southern corner of Bridgeview Estates Lot 36 (Phase 6); thence leaving the right-of-way, North 04°52´40” East a distance of 777.60 feet to a 5/8” capped rebar set; thence South 86°37´08” West a distance of 245.30 feet to the Point of Beginning, having an area of 88.1 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 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 February 16, 2024, at 9:00 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 31st day of January, 2024.
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 | 1/31/2024 3:42 PM
CC-10-2024-C-1
Fayette County Circuit Clerk
Travis W. Prince