Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 20-P-36 Hon. Joanna Tabit APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. DAVID KEVIN WHITLOCK, FRONTIER WEST VIRGINIA, INC., UNKNOWN PERSONS/OWNERS and MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHACOUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON APRIL 7, 2020, AT 2:30 P.M. TO: RESPONDENTS, DAVID KEVIN WHITLOCK, FRONTIER WEST VIRGINIA, INC., UNKNOWN PERSONS/OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA Notice is hereby given to David Kevin Whitlock, Frontier West Virginia, Inc., 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-36, and styled Appalachian Power Company vs. David Kevin Whitlock, 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 in Jefferson District, Kanawha County, West Virginia, and recorded the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 3002, at page 248, and more particularly described as follows: 53A M OR L FEE TRACE FORK DAVIS CREEK Situate in Jefferson District, Kanawha County, West Virginia, to the Grantee David K. Whitlock, and being more particularly described as follows: Beginning at an oak which is near the mouth of a branch of the Trace Fork of Davis Creek, said oak being near the old Swinburn Mill, thence S. 13 15′ E. 84 feet to an iron pin; thence S. 45 15′ W. 178 feet to an iron pin; thence S. 63 55′ W. 270 feet to an iron pin; thence S. 60 00′ W. 248 feet to an iron pin; thence s. 34 30′ W. 811 feet to an iron in; thence N. 42 10′ E. 482 feet to a post; thence N. 61 10′ E. 185 feet to a post; thence N. 42 35′ E. 135 feet to a post; thence N. 67 00′ W. 318 feet to a post; thence S. 81 50′ W. 292 feet to a post; thence S. 32 50′ E. 240 feet to a post; thence N. 72 30′ W. 20 feet to a post; thence S. 27 15′ W. 330 feet to a post; thence S. 69 00′ W. 87 feet to a post; thence S. 52 15′ W. 218 feet to a 30 inch black oak; thence N. 29 50′ W. 490 feet to a white oak; thence N. 42 25′ W. 128 feet to an iron pin; thence down Timber Branch, with the meanders thereof, and running with the middle of sand branch 2,325 feet to an iron pin; thence S. 56 35′ W. 610 feet to an iron pin; thence S. 12 00′ W. 360 feet to a chestnut stump; thence S. 10 00′ W. 495 feet to a stone, near said Trace Fork of Davis Creek; thence S. 22 35′ E. 253 feet to the place of beginning and containing 53 acres, more or less. Map 18, Parcel 0005 Jefferson District, Kanawha County Deed Book 3002, Page 248 and situate on the waters of Trace Fork of Davis Creek, in Jefferson Tax District, and recorded the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2661, at page 659, and more particularly described as follows: 7-4/10A Parcel B Surf Trace Fork Davis Beginning at a fence corner post; thence running N. 88 15′ E., 330.23 feet; thence running S. 69 02′ E. 282.2 feet; thence running N. 52 21′ E. 484.61 feet; thence running N. 08 20′ E. 308.11 feet; thence running N. 46 57′ W. 182.53 feet; thence running along the center line of a 35 foot wide road right of way, N. 48 43′ E. 60.17 feet (said road right of way having been heretofore reserved in a deed from Walter W. Williams and Shirley J. Williams to Harold Runyan, Vernon L. Hess, Leroy M. Rashid and Richard C. Rashid, dated August 29, 1977, and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1841 at page 503); thence running N. 78 07′ E. 139.74 feet; thence running N 61 56′ E. 202.04 feet; thence leaving said 35 foot wide road right of way and running S. 19 00′ E. 177.22 feet; thence running S. 61 10′ W. 218.9 feet thence running S. 71 46′ W. 258.57 feet; thence running S. 50 04′ W. 191.2 feet to the place of beginning, containing 7.4 acres, more or less. The real estate hereby conveyed is Parcel B as laid out on a map recorded in Deed Book 1841 at page 507, and titled, “Map of Parcels B & C of the Walter Williams 43 Ac. Tract Situated in Jefferson Dist., – Kanawha Co., W. Va.”, dated July 16, 1977, and prepared by George A. Cicoff, P.E. Map 18, Parcel 0003 Jefferson District, Kanawha County Deed Book 2661, Page 659 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-88667 02-22,29;2020