Kanawha

Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 20-P-90 Hon. Tod J. Kaufman APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. WILLIAM G. ASHLEY, FRONTIER WEST VIRGINIA, INC., STATE OF WEST VIRGINIA TAX DEPARTMENT, UNKNOWN PERSONS/ OWNERS and MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON JULY 15, 2020, AT 2:00 P.M. TO: RESPONDENTS, WILLIAM G. ASHLEY, FRONTIER WEST VIRGINIA, INC., STATE OF WEST VIRGINIA TAX DEPARTMENT, UNKNOWN PERSONS/OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA Notice is hereby given to William G. Ashley, Frontier West Virginia, Inc., State of West Virginia Tax Department, 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-90, and styled Appalachian Power Company vs. William G. Ashley, 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 the waters of Pot Branch at Trace Fork, of Davis Creek, a tributary of Kanawha River, Washington District, Kanawha County, West Virginia, identified as Tax Map 11, Parcel 0001, and recorded in the office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1970, at page 262, and being more specifically bounded and described as follows: 52-1/10A M/L, TRACE FORK BEGINNING at a 20 inch black oak tree S. 12 7′ 30” W. 170.58 feet from a spring on the easterly corner of said tract; thence N. 74 9′ W. 234.05 feet to a walnut tree; thence N. 65 10′ 19” W. 170.70 feet to an iron pin in a fence line; thence S. 39 17′ W. 306.16 feet to a walnut stump; thence S. 64 04′ 39” W. 397.04 feet to an iron pin where a black oak corner tree was formerly located; thence S. 78 14′ 39” W. 364 feet to a chestnut oak; thence N. 57 02′ 46” W. 877.39 feet to an iron pin at a fence corner formerly marked by an ash tree; thence S. 82 20′ 02” W. 637.96 feet to an iron pin at a dead snag; thence N. 9 36′ 38” W. 473.74 feet to an iron pin; thence N. 39 34′ 52” E. 246.2 feet to an iron pin; thence N. 30 34′ 52” E. 152.8 feet to an iron pin at an oak tree; thence N 85 34′ 47” E. 461.09 feet to an iron pin at the easterly corner of an 11.0 acre tract; thence N. 85 34′ 47” E. 351.49 feet to an iron pin at a tri-corner fence post; thence N. 88 46′ 17” E. 332.54 feet to an iron pin located in the fence line, thence S. 69 39′ 30” E. 279.15 feet to a black oak tree; thence S. 70 09′ 44” E. 1,083.43 feet to a walnut stump; thence N. 77 05′ 08” E. 87.70 feet to a black gum stump; thence S. 6 24′ 59” E. 292.7 feet to a spring; thence S. 12 07′ 30” W. 170.58 feet to a 20 inch black oak, the point of Beginning, containing 52.1 acres, more or less. 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 July 15, 2020, at 2:00 p.m., in the Circuit Court of Kanawha County, West Virginia, located at 111 Court Street, Charleston, West Virginia, 25301, before the Honorable Tod J. Kaufman. 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 12th day of June, 2020. CATHY S. GATSON KANAWHA COUNTY CIRCUIT CLERK By: C. Atkins 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-94435 06-26/07-03;2020