Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 18-P-302 Judge Tera L. Salango TRANSOURCE WEST VIRGINIA, LLC, a Delaware limited liability company, Petitioner, vs. DAVID A. LOGSTON, GAY N. LOGSTON, FRONTIER WEST VIRGINIA INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., UNKNOWN PERSON/OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON JUNE 29, 2020, AT 1:30 P.M., FOR JUST COMPENSATION HEARING TO: RESPONDENTS, DAVID A. LOGSTON, GAY N. LOGSTON, FRONTIER WEST VIRGINIA INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., UNKNOWN PERSON/OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY Notice is hereby given to David A. Logston, Gay N. Logston, Frontier West Virginia Inc. c/o Joshua A. Johnson, Esquire, Mortgage Electronic Registration Systems, Inc., Unknown Person/Owners, and Michael Y. Rutherford, Sheriff of Kanawha County (hereinafter sometimes referred to as “the aforementioned respondents”), that, pursuant to W. Va. Code 54-1-1, et seq., and 54-2-1, et seq., and all applicable West Virginia Statutes, a hearing to determine just compensation will be held on June 29, 2020, at 1:30 p.m., in this action in the Circuit Court of Kanawha County, West Virginia, before Judge Tera L. Salango in relation to a Petition for Condemnation/Right of Entry, which was filed and granted in the Circuit Court of Kanawha County, West Virginia, and is known as Civil Action No. 18-P-302, and styled Transource West Virginia, LLC vs. David A. Logston, et al. An Order of Right of Entry was entered on November 14, 2018, in the records of the Circuit Clerk of Kanawha County, West Virginia, and an Order Appointing Commissioners and Setting Just Compensation Hearing for March 23, 2020, at 10:30 a.m., was entered on February 13, 2020; however, said March 23, 2020 hearing was continued to June 29, 2020, at 1:30 p.m., by the Circuit Court of Kanawha County, West Virginia. Said just compensation hearing will address real 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 Transource West Virginia, LLC for property situate in Malden District, Kanawha County, West Virginia, identified as Tax Map 6, Parcel 20, and bounded and described most recently in Deed Book 2448, at page 877, in the office of the Clerk of Kanawha County, West Virginia, as follows: BEGINNING at a fence post in the original line of the Daniel Pittman survey, which said fence post is also the northwestern corner to a parcel of land conveyed by Norman K. Adams and Billie M. Adams, his wife, to James T. Swisher and Louis R. Swisher, his wife, by deed dated March 5, 1970, recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1582, at page 125, thence running with said Swisher line, S 24 54 W for a distance of 182.56 feet to an “X” cut on a rock; thence running with the southerly line of Swisher property, S. 75 30 W. for a distance of 309.34 feet to a stake located on the westerly side of a road leading from said Swisher property to W.Va. Route No. 46; thence with the westerly line of a parcel of land conveyed by Okla Adams, widow, to Oscar J. Adams and Eloise Adams, his wife, by deed dated March 19, 1956, recorded in the said Clerk’s Office in Deed Book 1168, page 106, S. 2 01 E. for a distance of 297.7 feet crossing the said private road to an “X” cut on a rock; thence leaving the southwesterly corner of said Oscar J. Adams parcel of land and running with a fence line, N. 84 00 W. for a distance of 427.89 feet to a fence post; thence continuing with said fence line, S. 80 31 W. for a distance of 260.80 feet to a fence post; thence with fence line, S. 78 00 E. for a distance of 100 feet to a fence post; thence with fence line, S. 36 00 E. for a distance of 335 feet to a fence post; thence running with fence line S. 89 00 W. for a distance of 671.79 feet to a 30 inch oak; thence containing with old fence line, N. 25 48 W. for a distance of 570.00 feet to a 14 inch dead oak; thence running with old fence line of the Daniel Pitman survey, N. 73 00 E. for a distance of 1124.17 feet to the place of beginning and containing 14.577 acres, more or less. The aforementioned respondents are hereby notified a copy of said Petition for Condemnation and for Right of Entry and Order of 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 and for Right of Entry and Order of Right of Entry may also be obtained from the attorneys for Transource West Virginia, LLC, 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, at the said hearing to determine just compensation on June 29, 2020, at 1:30 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 and Commissioners, you may appear for hearing and presentation of evidence, and are notified that any failure to appear and/or present evidence may result in the waiver of any and all defenses or claims, if any, you may have regarding just compensation or otherwise in this action. Entered by the Clerk of said Court on this 23rd day of March, 2020. CATHY S. GATSON KANAWHA COUNTY CIRCUIT CLERK By: C. Pugh 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 128 140 West Main Street, Suite 300 Clarksburg, West Virginia 26302-0128 (304) 326-5313 Attorneys for Petitioner LC-92840 05-23,30;2020