Legal Notices

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 20-P-34 Hon. Charles E. King APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. DANA E. SCHULTZ, KATHRYN JEAN FEDERLE, PHYLLIS JEAN PIERCE, AKA PHYLLIS JEAN WHITE, KENNETH RAY PIERCE, JR., KAREN RIPLEY, JERILYNN SCHULTZ, HEATHER ROYALL, RHONDA SMITH, KIMBERLY SCHULTZ, LOGAN SCHULTZ, UNKNOWN PERSONS/OWNERS and MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON AUGUST 13, 2020, AT 11:00 A.M., WHICH RESCHEDULES A HEARING ORIGINALLY SET FOR APRIL 2, 2020, AT 11:30 A.M. TO: RESPONDENTS, DANA E. SCHULTZ, KATHRYN JEAN FEDERLE, PHYLLIS JEAN PIERCE, AKA PHYLLIS JEAN WHITE, KENNETH RAY PIERCE, JR., KAREN RIPLEY, JERILYNN SCHULTZ, HEATHER ROYALL, RHONDA SMITH, KIMBERLY SCHULTZ, LOGAN SCHULTZ, UNKNOWN PERSONS/ OWNERS, AND MICHAEL Y. RUTHERFORD, SHERIFF OF KANAWHA COUNTY, WEST VIRGINIA Notice is hereby given to Dana E. Schultz, Kathryn Jean Federle, Phyllis Jean Pierce, aka Phyllis Jean White, Kenneth Ray Pierce, Jr., Karen Ripley, Jerilynn Schultz, Heather Royall, Rhonda Smith, Kimberly Schultz, Logan Schultz, 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-34, and styled Appalachian Power Company vs. Dana E. Schultz, 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 in Loudon District, Kanawha County, West Virginia (Tax Map and Parcel unknown), and recorded in Deed Book No. 527, at page 265, 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: 17.30 AC. TR. OF 343-3/4 AC Situate on the waters of Trace Fork of Davis Creek and on Davis Creek, in Loudon District, Kanawha County: BEGINNING at a set stone on a hillside in a fence angle with a 16 inch Beech pointer; thence running N. 6 deg. 51 min. E. crossing Trace Fork a distance of 1,804.97 feet to an iron pin 3 feet from an uprooted 26 inch White Oak pointer, also a 10 inch White Oak pointer, said point being located at a corner to William Dickinson and Belle Wilson Calderwood and also being in the line of the land owned by Kanawha Holdings Corporation; thence running with the line between William Dickinson and Belle Wilson Calderwood down the hill crossing David Creek and the paved road N. 85 deg. 57 min. E. 533.51 feet to a tack in the root of a 26 inch Beech pointer to the land owned by William Dickinson, Belle Wilson Calderwood and The Charleston National Bank; thence running S. 3 deg. 44 min. W. crossing the paved road and main Davis Creek a distance of 599.25 feet to a stake located in the westerly edge of Davis Creek; thence running up the creek with the westerly edge of Davis Creek S. 25 deg. 50 min. E. 285.30 feet to a stake located at the mouth of Trace Fork at the intersection of the westerly edge of main Davis Creek with the southerly edge of Trace Fork, said stake being located at the most easterly corner of a tract of land containing 25-3/4 acres conveyed by W. M. Long et al to Belle Calderwood by deed dated November 3, 1906, and recorded in Deed Book 106, page 377; thence running up Trace Fork with the southerly edge thereof S. 86 deg. 45 min. W. 141.82 feet to a stake in the westerly line of a tract of land formerly owned by B. M. Green and now owned by The Charleston National Bank; thence running with said westerly line of said tract of S. 3 deg. 44 min. W. 755.00 feet to an iron pin on a spur ridge 5 feet north of a large double Cedar marked for a pointer, said point being located at the corner of a parcel of land owned by The Charleston National Bank and Belle Wilson Calderwood, and being in the line of a tract of land now owned by C. H. Brown; thence running down the hill crossing a swale and spur ridge S. 78 deg. 08 min. W. 437.00 feet to an iron pin, corner to C. H. Brown and Belle Wilson Calderwood, containing 17.30 acres, more or less, remnant from 343-3/4 acres conveyed to Allen Schultz and Myrla Schultz, his wife, by deed dated February 2, 1940, in said Clerk’s Office in Deed Book 527, at page 265. 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 13, 2020, at 11:00 a.m., in the Circuit Court of Kanawha County, West Virginia, located at 111 Court Street, Charleston, West Virginia, 25301, before the Honorable Charles E. King. 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 1st day of July, 2020. CATHY S. GATSON KANAWHA COUNTY CIRCUIT CLERK By: C. Bumpus 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-94874 07-08,15;2020