Kanawha

Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. CAREY F. MOSS, UNKNOWN PERSONS/ OWNERS and MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. Civil Action No. 20-P-64 Hon. Tera L. Salango LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON APRIL 28, 2020, AT 1:15 P.M. Notice is hereby given to Carey F. Moss, 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-64, and styled Appalachian Power Company vs. Carey F. Moss, 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, lying, and being on Alum Creek, Washington District, Kanawha County, West Virginia, and identified as Tax Map 13, Parcel 140, and recorded in Deed Book No. 2305, at page 223, in the office of the Clerk of the County Commission of Kanawha County, West Virginia, and bounded and described as follows: BEGINNING a set stone in the southern line of State Route No. 13, on the northern side of Alum Creek, said stone being located at the northeast corner of Lot No. 2 of the partition of Daniel M. Midkiff lands; thence leaving said road and running with the eastern line of said lot No. 2, S. 23 degrees 00′ E. 415 feet to a stone on the hillside, corner to Champ Martin Curtesy lot; thence leaving the latter and continuing with the line of said Lot No. 2, due south 500 feet to a stone; thence with the southern line of lot No. 2, S. 53 degrees 40′ W. 590 feet to a stone and pointers in an exterior western line of said Midkiff land; thence with said line S. 37 degrees 45′ E. 228.6 feet to a set stone and pointers; thence with three exterior lines, S. 66 degrees 45′ E. 345.81 feet to a bunch of white oak sprouts from an old white oak stump on a knot of a ridge, corner to C. J. Turley estate and land formerly owned by Albert Midkiff, the latter now owned by Earl Naylor; thence running down a hillside with a line of said Naylor, S. 82 degrees 15′ E. 377.04 feet to a set stone on a bench of a hill in an old clearing, corner to Naylor and Dalton Midkiff; thence leaving Naylor and with the line of said Midkiff, N. 7 degrees 15′ W. 969.62 feet to an 16-inch white oak standing at an old fence corner; the same is also a corner to said Midkiff Curtesy lot in said partition; thence leaving the exterior lines and running with the eastern line of said Midkiff Curtesy lot, N. 3 degrees 35′ E., passing the northeast corner of said Curtesy lot at 546 feet, in all 754 feet to a set stone in the southern line of said State Road, corner to Lot No. 4; thence leaving Lot No. 4 and with the southern line of said road, S. 88 degrees 00′ W. 230 feet to a stake at the Champ Martin road; thence continuing along the southern line of said State Road No. 13, S. 73 degrees 45′ W. 238 feet to the place of beginning, containing 16.51 acres, more or less, and being that portion of Lot No. 3 of the partition of Daniel Midkiff lands which lies on the south side of said State Route No. 13, as shown upon a map of the same filed and recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia; and being all of the same property conveyed unto S. O. Moss and Macel Moss, his wife, by Cline C. Hill and Lulia M. Hill, by deed dated November 10, 1953, and recorded in the aforesaid Clerk’s office in Deed Book 1070 at Page 327; to which map and deed reference is here made for a more particular description of the property herein conveyed. 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 28, 2020, at 1:15 p.m., in the Circuit Court of Kanawha County, West Virginia, located at 111 Court Street, Charleston, West Virginia, 25301, before the Honorable Tera L. Salango. 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 16th day of March, 2020. CATHY S. GATSON KANAWHA COUNTY CIRCUIT CLERK By: A Bailey 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-90369 3-21,28;2020