Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 20-P-63 Hon. Jennifer F. Bailey APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. TRUSTEES OF THE LIVELY CEMETERY, SUCCESSORS IN INTEREST TO EDWARD NEWCOMER, TRUSTEE, AND MARION LIVELY, TRUSTEE, UNKNOWN PERSONS/OWNERS and MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON AUGUST 10, 2020, AT 9:30 A.M., WHICH RESCHEDULES A HEARING ORIGINALLY SET FOR APRIL 22, 2020, AT 11:00 A.M. TO: TRUSTEES OF THE LIVELY CEMETERY, SUCCESSORS IN INTEREST TO EDWARD NEWCOMER, TRUSTEE, AND MARION LIVELY, TRUSTEE, UNKNOWN PERSONS/OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA Notice is hereby given to the Trustees of the Lively Cemetery, Successors in Interest to Edward Newcomer, Trustee, and Marion Lively, Trustee, 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-63, and styled Appalachian Power Company vs. Trustees of the Lively Cemetery, 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 on Potts Branch of Trace Fork of Davis Creek, containing 1.09 acres, more or less, Washington District, Kanawha County, West Virginia, and identified as Tax Map 10, Parcel 54, and recorded in Deed Book No. 270, at page 225, in the office of the Clerk of the County Commission of Kanawha County, West Virginia, and bounded and described as follows: Beginning at a stake in the line between Pauley & Lively, about 300 feet south-east of a locust called for in Deed dated 1830, thence leaving said line, N. 87 E. 353 feet to a stake; S. 3 E. 150 feet to a stake; S. 87 W. 281.10 feet to a stake in the Pauley line and with same N. 28 20′ W. 169 feet to the beginning; together with a strip of land extending therefrom to the public road for the purpose of ingress and egress to and from said tract of land, bounded and described as follows to wit: Beginning at a stake at the corner of the lot aforesaid in the line of the Pauley lands and running thence with said Pauley line N. 28 20′ W. 300 feet to a locust; thence N. 44 W. 110 feet to a stake; thence N. 68 15′ W. 225 feet to a stake; thence N. 74 W. 215 feet to the County Road; thence with the line of said County Road in an easterly direction 20 feet to a stake in the line of said road; thence S. 74 E. 215 feet to a stake; thence S. 68 15′ E. 225 feet to a stake; thence 44 E. 110 feet to a stake; thence S. 28 20′ E. 300 feet to a stake in the line of the lot or tract of land aforesaid; thence with the line of said lot or tract of land 20 feet to the place of the beginning, containing 1.09 acre. 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 August 10, 2020, at 9:30 a.m., in the Circuit Court of Kanawha County, West Virginia, located at 111 Court Street, Charleston, West Virginia, 25301, before the Honorable Jennifer F. Bailey. 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 17th day of June, 2020. CATHY S. GATSON KANAWHA COUNTY CIRCUIT CLERK By: J Hughes 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-94430 06-26/07-03;2020