Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 19-P-433 Hon. Jennifer F. Bailey APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. MARK ALLEN ASHWORTH, FREDERICK JANSOHN, III, ESTATE OF RUSSELL LEE ASHWORTH, C/O FREDERICK JANSOHN, III, EXECUTOR, WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, BUREAU FOR CHILD SUPPORT ENFORCEMENT, 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 9:00 A.M. TO: RESPONDENTS, MARK ALLEN ASHWORTH, FREDERICK JANSOHN, III, ESTATE OF RUSSELL LEE ASHWORTH, C/O FREDERICK JANSOHN, III, EXECUTOR, WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, BUREAU FOR CHILD SUPPORT ENFORCEMENT, UNKNOWN PERSONS/OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA Notice is hereby given to Mark Allen Ashworth, Frederick Jansohn, III, Estate of Russell Lee Ashworth, c/o Frederick Jansohn, III, Executor, West Virginia Department of Health and Human Resources, Bureau for Child Support Enforcement, Unknown Persons/Owners, and Michael Y. Rutherford, Sheriff of Kanawha County, West Virginia, (hereinafter sometimes referred to as “the aforementioned respondents”), that an Amended 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. 19-P-433, and styled Appalachian Power Company vs. Mark Allen Ashworth, et al. Said Amended 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 in Washington District, Kanawha County, West Virginia, identified as Tax Map 16, Parcel 40.1, and recorded in Deed Book No. 2678, at page 709; as Tax Map 16, Parcel 44.2, and recorded in Deed Book No. 2264, at page 425; and as Tax Map 16, Parcel 44.3, and recorded in Deed Book No. 2801, at page 552, in the office of the Clerk of the County Commission of Kanawha County, West Virginia, situate in the City of Charleston, and bounded and described as follows: 6A M/L PAR4 I M ASHWORTH PART WTS BIG BR & ALUM CK Situate on the water of Big Branch and Alum Creek, tributaries of Coal River, in Washington District, Kanawha County, West Virginia, more particularly described as follows: BEGINNING at a one inch iron pipe set which is in the northeastern corner of Parcel Five; thence S. 76 00 00 W. 1,282.648 feet to a one inch iron pipe set; thence, N. 19 44 00 W. 132.521 feet to a fence post; thence, N. 28 33 51 W. 45.868 feet to a fence post; thence N. 30 31 00 W. 35.21 feet to a fence post; thence, N. 36 24 00 W. 31.614 feet to a one inch iron pipe set; thence, N. 79 00 00 E. 1,470.068 feet to a one inch iron pipe set; thence, S. 38 01 00 E. 36.461 feet to a one inch iron pipe; thence, S. 39 15 00 W. 193.141 feet to the place of beginning and containing 6.00 acres, more or less. Map16, Parcel 40.1, Washington District, Kanawha County Deed Book 2678, Page 709 6A M/L PAR 7 I M ASHWORTH Situate on the waters of Big Branch and Alum Creek, tributaries of Coal River, in Washington District, Kanawha County, West Virginia, which is more particularly described as follows: BEGINNING at a one inch iron pipe in the southwestern edge of that 35 foot right of way bordering the Charles and Ethel Ashworth property; thence N. 18 26 00 W. 251.42 feet to a one inch iron pipe set; thence S. 66 00 00 W. 868.321 feet to a one inch iron pipe set; thence S. 4 30 00 E. 195.61 feet to a one inch iron pipe; thence S. 21 21 00 E. 145.27 feet to a one inch iron pipe; thence N. 61 16 00 E. 914.56 feet to the place of beginning, and containing 6.0 acres, more or less. Map 16, Parcel 44.2, Washington District, Kanawha County Deed Book 2264, Page 425 6A M/L PAR 6 I M ASHWORTH PART WTS BIG BR & ALUM CK Situate on the waters of Big Branch and Alum Creek, of Coal River, in Washington District, Kanawha County, West Virginia, which is more particularly described as follows: BEGINNING at a one inch iron pipe set in the northeastern corner of Parcel Seven; thence S. 66 00 00 W. 868.321 feet to a one inch iron pipe set; thence N. 04 30 00 W. 101.68 feet to a one inch iron pipe; thence N. 30 29 00 W. 50.61 feet to a one inch iron pipe; thence N. 34 44 00 W. 49.91 feet to a one inch iron pipe; thence N. 48 11 00 W. 130.854 feet to a one inch iron pipe set; thence N. 71 00 00 E. 1073.72 feet to a one inch iron pipe set; thence S. 46 45 00 E. 111.85 feet to a one inch iron pipe; thence S. 25 49 45 W. 250.618 feet to the place of beginning; and being all of Parcel Six. Map 16, Parcel 44.3, Washington District, Kanawha County Deed Book 2801, Page 552 The aforementioned respondents are hereby notified a copy of said Amended 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 Amended 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 Amended Petition for Condemnation/Right of Entry will occur on August 10, 2020, at 9:00 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-94432 06-26/07-03;2020