Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 20-P-38 Hon. Joanna Tabit APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. CARMINE A. PELUSO, STACI D. PELUSO, UNKNOWN PERSONS/OWNERS and MICHAELY. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON APRIL 7, 2020, AT 2:30 P.M. TO: RESPONDENTS, CARMINE A. PELUSO, STACI D. PELUSO, UNKNOWN PERSONS/OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA Notice is hereby given to Carmine A. Peluso, Staci D. Peluso, Unknown Persons/Owners, and Michael Y. Rutherford, Sheriff of Kanawha 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 Kanawha County, West Virginia, and is known as Civil Action No. 20-P-38, and styled Appalachian Power Company vs. Carmine A. Peluso, 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 at the head of Pot Branch of the Trace Fork of Davis Creek, Washington District, Kanawha County, West Virginia, identified as Tax Map 11, Parcel 2, and recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 3019, at page 890, and being more specifically bounded and described as follows: 123-77/100A M/L SURF POTTS BR & TIMBER LES MIN BEGINNING at a 1 1/2 iron pipe set on the Westerly right of way line (20 feet from centerline) of Secondary Route No. 16, said iron pipe is also in the line of the John H. Pauley Heirs property (DB 33, PAGE 635); thence leaving Secondary Route No. 16 right of way line and going with the said Pauley Heirs line N 57-38-38 W 314.75 feet to a 1 1/2 iron pipe set in the line of the Newcomer Heirs property and in and old barbed wire fence line; thence leaving said Pauley Heirs line and going with said Newcomer Heirs line, crossing and recrossing said old barbed wire fence N 28-35-32 E 707.84 feet to a 1 1/2″ iron pipe set on the westerly right of way line of said Secondary Route No. 16; thence running across Secondary Route No. 16, N 66 59 55 E 40.08 feet to a 1 1/2 inch pin; thence running with the easterly right of way line of Secondary Route No. 16 for the following four courses and distances; on a curve to the right having a cord of N 31-42-24 E, 83.59 feet; with a curve to the right having a chord of N 62-22-45 E 135.50 feet; thence N 65-41-35 E 166.22 feet; thence with a curve to the right having a chord of N 72-44-00 E 84.58 feet to a 1 1/2 iron pipe found at the southwest corner of the A.E. Wolfe, Jr. Property (D.B. 2114, page 222) said iron pipe is also on the easterly right of way line (20 feet from centerline) of Secondary Route No. 16; thence leaving said right of way and going with the said Wolfe property line N. 89-34-27 E 955.43 feet to a 3/4 iron pipe found at the southeast corner of the said Wolf Property, said iron pipe is also the southwest corner of Lot 3 of the Johnstone Subdivision (Map Book 39, page 37); thence leaving the said Wolfe property and going with the south lines of said Lot 3 for the three (3) calls as follows: N 85-50-29 E 355.09 feet to a 2″ iron pipe found by a 26 Black Oak Tree; thence N 87-30-41 E 590.96 feet to a 18 Beech Tree with old hack marks found; thence S 88-21-54 E 555.86 feet to a rebar found at a fence corner on the ridge, said rebar is also a corner to the William G. and Elsa M. Ashley Property and the Bertha M. Childress Property; thence leaving said Lot 3 and Ashley Property and going with the said Bertha M. Childress Property; thence leaving said Lot 3 and Ashley Property and going with said Bertha M. Childress Property for seven (7) calls as follows: S 01-38-46 W 44 feet to a 3/4 iron pipe set; thence S 47-43-22 E 184.05 feet to a 30 Black Oak Tree in an old barbed wire fence line, marked with three (3) hacks; thence S 29-27-17 E. 269.40 feet to a 10 Gum Tree in said fence line; thence S 38-50-46 E 136.22 feet to a 3/4 iron pipe set in said fence line; thence S 20-06-03 E 128.72 feet to a double Chestnut Oak Tree in said fence line; thence S 00-58-51 W 345.93 feet to a 30 Black Oak Tree in said fence line, at the top of a steep hillside, marked with three (3) hacks; thence down the hill S 04-29-12 E 308.84 feet to a 24 Black Oak Tree in said fence line, a corner also to Guy P. Childress; thence leaving said Bertha M. Childress line and going with the Guy P. Childress line S 24-14-04 E 495.04 feet, crossing Pot Branch, to a 1 1/2 iron pipe set on the hillside about 140 feet south of the center of Pot Branch, a corner to said Guy Childress and in the line of the Robert F. Chapman Property; thence leaving said Guy P. Childress and going with the lines of several different adjoining owners S 78-15-56 W passing a 1 1/2 iron pipe set on line at 610.00 feet, and passing through a 40 Beech Tree at 1,223.52 feet, in all 2,665.00 feet to a set stone found, about 80 feet south of the Center of Pot Branch said set stone is also a corner to the John Pauley Heirs Property; thence going with the said Pauley Heirs line for two calls as follows: N 29-14-04 W, passing 1 1/2 iron pipe set at 600 feet, in all 1,040.00 feet to a 1 1/2 iron pipe set; thence N 57-38-38 W 497.07 feet to the place of beginning, containing 127 acres and 58 poles, more or less. Less conveyances of 1.17 acres, 0.95 acres and 1.1 acres. The aforementioned respondents are hereby notified a copy of said Petition for Condemnation/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/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 April 7, 2020, at 2:30 p.m., in the Circuit Court of Kanawha County, West Virginia, located at 111 Court Street, Charleston, West Virginia, 25301, before the Honorable Joanna Tabit. 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 18th day of February, 2020. CATHY S. GATSON KANAWHA COUNTY CIRCUIT CLERK L. Allen, 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-88665 02-22,29;2020