Legal Notices

IN THE CIRCUIT COURT OF LOGAN COUNTY, WEST VIRGINIA Civil Action No. CC-23-2020-C-46 Hon. Joshua Butcher APPALACHIAN POWER COMPANY, a Virginia corporation, Petitioner, vs. ARK LAND COMPANY NKA ARK LAND LLC, HOPE GAS, INC., DBA DOMINION ENERGY WEST VIRGINIA, UNKNOWN PERSONS/ OWNERS and SONYA M. DINGESS PORTER, SHERIFF OF LOGAN COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON AUGUST 26, 2020, AT 2:00 P.M., WHICH RESCHEDULES A HEARING ORIGINALLY SET FOR JULY 20, 2020, AT 1:30 P.M. TO: RESPONDENTS, ARK LAND COMPANY NKA ARK LAND LLC, HOPE GAS, INC., DBA DOMINION ENERGY WEST VIRGINIA, UNKNOWN PERSONS/ OWNERS, AND SONYA M. DINGESS PORTER, SHERIFF OF LOGAN COUNTY, WEST VIRGINIA Notice is hereby given to Ark Land Company nka Ark Land LLC, Hope Gas, Inc., dba Dominion Energy West Virginia, Unknown Persons/Owners, and Sonya M. Dingess Porter, Sheriff of Logan 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 Logan County, West Virginia, and is known as Civil Action No. CC-23-2020-C-46, and styled Appalachian Power Company vs. Ark Land Company nka Ark Land LLC, 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 in Logan Rural District, Logan County, West Virginia, and identified as Tax Map 118, Parcel 39.1, and recorded in Deed Book No. 583, at page 329, in the office of the Clerk of the County Commission of Logan County, West Virginia, and bounded and described as follows: SUR: PT TRACT 1 & TRACTS 2, 3, 5, 6, 7, 8, 9, 10 SPRUCE FK 241.38 TRACT I A certain tract of surface land, situated upon the watershed of Beech Creek of Spruce Fork, particularly described as follows: Beginning at a stake located 344.88 ft. at an azimuth of 244 29 07 from Sharples Coal Corporation Survey Monument No. 4-B ; thence 50.34 ft. at an azimuth of 251 18 44 to a stake; thence 98.38 ft. at an azimuth of 339 06 23 to a stake; thence 133.53 ft. at an azimuth of 246 01 18 to a stake; thence 78.77 ft. at an azimuth of 339 19 35 to a stake; thence 133.03 ft. at an azimuth of 68 58 07 to a stake; thence 643.01 ft. at an azimuth of 339 06 23 to a stake; thence 980.88 ft. at an azimuth of 43 06 58 to a stake; thence 1014.69 ft. at an azimuth of 47 08 20 to a stake; thence 446.52 ft. at an azimuth of 75 43 17 to a stake; thence 392.07 ft. at an azimuth of 140 45 18 to a stake; thence 1489.13 ft. at an azimuth of 148 19 24 to a stake; thence 1253.67 ft. at an azimuth of 114 20 32 to a stake; thence 2497.20 ft. at an azimuth of 152 21 31 to a stake; thence 2549.33 ft. at an azimuth of 214 14 14 to a stake; thence 539.15 ft. at an azimuth of 220 58 00 to a stake; thence 103.12 ft. at an azimuth of 292 12 23 to a stake; thence 319.26 ft. at an azimuth of 216 39 30 to a stake; thence 243.69 ft. at an azimuth of 203 22 27 to a stake; thence 279.35 ft. at an azimuth of 220 58 00 to a stake; 1789.64 ft. at an azimuth of 297 33 43 to a stake; thence 136.85 ft. at an azimuth of 319 47 02 to a stake; thence 334.19 ft. at an azimuth of 343 06 31 to a stake; thence 412.73 ft. at an azimuth of 5 16 26 to a stake; thence 1743.10 ft. at an azimuth of 3 47 16 to a stake; thence 216.10 ft. at an azimuth of 32 13 05 to a stake; thence 426.41 ft. at an azimuth of 25 52 37 to a stake; thence 178.37 ft. at an azimuth of 16 37 39 to a stake; thence 327.17 ft. at an azimuth of 59 00 46 to a stake; thence 196.71 ft. at an azimuth of 338 35 17 to a stake; thence 175.60 ft. at an azimuth of 32 13 27 to a stake; thence 420.30 ft. at an azimuth of 320 34 20 to a stake; thence 1395.25 ft. at an azimuth of 213 36 08 to a stake; thence 1406.68 ft. at an azimuth of 339 06 23 to a stake; 50.65 ft. at an azimuth of 68 51 11 to a stake; thence 77.06 ft. at an azimuth of 338 50 45 to the point of Beginning, containing 477.94 acres, more or less. TRACT II A certain tract of surface land, situated upon the watershed of Beech Creek of Spruce Fork, particularly described as follows: Beginning at a stake located 2801.91 ft. at an azimuth of 250 23 41 from Sharples Coal Corporation Survey Monument No. 4-B ; thence 2782.94 ft. at an azimuth of 301 29 19 to a stake; thence 557.24 ft. at an azimuth of 271 17 26 to a stake; thence 637.03 ft. at an azimuth of 291 01 27 to a stake; thence 1545.80 ft. at an azimuth of 300 41 35 to a stake; thence 244.98 ft. at an azimuth of 38 38 16 to a stake; thence 1433.05 ft. 114 51 59 to a stake; thence 401.05 ft. at an azimuth of 112 23 16 to a stake; thence 274.79 ft. at an azimuth of 33 49 28 to a stake; thence 1563.75 ft. at an azimuth of 113 52 16 to a stake; thence 1863.02 ft. at an azimuth of 122 32 41 to a stake; thence 527.59 ft. at an azimuth of 193 30 53 to the point of Beginning, containing 56.41 acres, more or less. TRACT III A certain tract of surface land, situated upon the watershed of Beech Creek of Spruce Fork, particularly described as follows; Beginning at a stake located 9175.18 ft. at an azimuth of 282 32 55 from Sharples Coal Corporation Survey Monument No. 4-B ; thence 890.72 ft. at an azimuth of 248 40 18 to a stake; thence 324.52 ft. at an azimuth of 330 56 43 to a stake; thence 516.05 ft. at an azimuth of 67 01 31 to a stake; thence 552.95 ft. at an azimuth of 85 59 47 to a stake; thence 203.60 ft. at an azimuth of 191 09 29 to the point of Beginning, containing 6.59 acres, more or less. TRACT V A certain tract of surface land, situated upon the watershed of Beech Creek of Spruce Fork, particularly described as follows: Beginning at a stake located 2801.91 feet at an azimuth of 250 23 41 from Sharples Coal Corporation Survey Monument No. “4-B”; thence 527.59 ft. at an azimuth of 13 30 53 to a stake; thence 2176.54 ft. at an azimuth of 170 05 54 to a stake; thence 1332.58 ft. at an azimuth of 19 57 30 to a stake; thence 954.60 ft. at an azimuth of 77 09 04 to a stake; thence 742.28 ft. at an azimuth of 51 24 38 to a stake; thence 41.99 ft. at an azimuth of 159 06 23 to a stake; thence 738.66 ft. at an azimuth of 231 24 38 to a stake; thence 941.93 ft. at an azimuth of 257 09 04 to a stake; thence 1380.45 ft. at an azimuth of 199 57 30 to a stake; thence 592.40 ft. at an azimuth of 170 05 54 to a stake; thence 520.39 ft. at an azimuth of 195 38 53 to a stake; thence 251.25 ft. at an azimuth of 281 30 12 to a stake; thence 255.18 ft. at an azimuth of 23 07 22 to a stake; thence 839.72 ft. at an azimuth of 333 54 33 to a stake; thence 489.03 ft. at an azimuth of 358 37 45 to a stake; thence 357.77 ft. at an azimuth of 31 50 11 to a stake; thence 972.54 ft. at an azimuth of 352 02 38 to the point of Beginning, containing 26.46 acres, more or less. TRACT VI A certain tract of surface land, situated upon the watershed of Beech Creek of Spruce Fork, particularly described as follows: Beginning at a stake located 9983.23 ft. at an azimuth of 211 10 47 from Sharples Coal Corporation Survey Monument No. 4-B ; thence 1292.92 ft. at an azimuth of 260 05 01 to a stake; thence 327.20 ft. at an azimuth of 352 32 42 to a stake; thence 671.48 ft. at an azimuth of 75 27 36 to a stake; thence 588.49 ft. at an azimuth of 90 00 00 to a stake; thence 281.28 ft. at an azimuth of 163 59 16 to the point of Beginning, containing 9.98 acres, more or less. TRACT VII A certain tract of surface land, situated upon the watershed of Beech Creek of Spruce Fork, utilized as a roadway encompassing twenty-five (25) ft. on both sides of the following described 2, 587.65 ft. long center line; to-wit: Beginning at a point located 2,705.89 ft. at an azimuth of 263 14 58 from Sharples Coal Corporation Survey Monument No. 4-B ; thence 954.42 ft. at an azimuth of 245 50 10 to a point; thence 325.67 ft. at an azimuth of 203 04 19 to a point; thence 387.22 ft. at an azimuth of 303 46 48 to a point; thence 920.34 ft. at an azimuth of 275 08 21 to the point of Ending, containing 2.97 acres, more or less. TRACT VIII A certain tract of surface land, situated upon the watershed of Beech Creek of Spruce Fork, utilized as a roadway encompassing twenty-five (25) ft. on both sides of the following described 9,169.79 ft. long center line; to-wit: Beginning at a point located 7,629.57 ft. at an azimuth of 281 57 21 from Sharples Coal Corporation Survey Monument No. 4-B ; thence 417.88 ft. at an azimuth of 304 17 15 to a point; thence 336.75 ft. at an azimuth of 299 40 07 to a point; thence 378.09 ft. at an azimuth of 287 01 03 to a point; thence 276.79 ft. at an azimuth of 264 47 11 to a point; thence 665.83 ft. at an azimuth of 245 53 28 to a point; thence 487.10 ft. at an azimuth of 240 45 19 to a point; thence 381.83 ft. at an azimuth of 225 42 00 to a point; thence 298.16 ft. at an azimuth of 208 48 15 to a point; thence 325.17 ft. at an azimuth of 188 11 49 to a point; thence 303.52 ft. at an azimuth of 194 41 58 to a point; thence 539.78 ft. at an azimuth of 182 34 36 to a point; thence 552.76 ft. at an azimuth of 199 56 10 to a point; thence 883.01 ft. at an azimuth of 177 52 38 to a point; thence 160.84 ft. at an azimuth of 213 15 26 to a point; thence 313.09 ft. at an azimuth of 257 09 55 to a point; thence 226.79 ft. at an azimuth of 224 30 44 to a point; thence 502.69 ft. at an azimuth of 205 34 40 to a point; thence 337.82 ft. at an azimuth of 185 26 18 to a point; thence 113.98 ft. at an azimuth of 166 15 26 to a point; thence 312.35 ft. at an azimuth of 127 38 09 to a point; thence 182.14 ft. at an azimuth of 138 16 21 to a point; thence 213.19 ft. at an azimuth of 150 11 07 to a point; thence 200.78 ft. at an azimuth of 162 22 10 to a point; thence 206.18 ft. at an azimuth of 169 58 26 to a point; thence 176.65 ft. at an azimuth of 159 49 54 to a point; thence 230.26 ft. at an azimuth of 209 06 37 to a point; thence 38.01 ft. at an azimuth of 177 15 10 to a point; thence 34.69 ft. at an azimuth of 90 12 50 to a point; thence 73.66 ft. at an azimuth of 67 45 02 to the point of Ending, containing 10.57 acres, more or less. TRACT IX A certain tract of surface land, situated upon the watershed of Beech Creek of Spruce Fork, particularly described as follows: Beginning at a stake located 4,345.95 ft. at an azimuth of 211 10 52 from Sharples Coal Corporation Survey Monument No. 4-B ; thence 2,844.93 ft. at an azimuth of 224 50 22 to a stake; thence 2,890.18 ft. at an azimuth of 208 41 24 to a stake; thence 57.00 ft. at an azimuth of 270 00 00 to a stake; thence 2,924.63 ft. at an azimuth of 28 41 24 to a stake; thence 2,819.14 ft. at an azimuth of 44 50 22 to a stake; thence 59.85 ft. at an azimuth of 101 30 12 to the point of Beginning, containing 6.59 acres, more or less. TRACT X A certain tract of surface land, situate upon the watershed of Beech Creek of Spruce Fork, particularly described as follows: Beginning at a stake located 5,253.85 ft. at an azimuth of 290 14 26 from Sharples Coal Corporation Survey Monument No. 4-B ; thence 232.59 ft. at an azimuth of 266 01 38 to a stake; thence 412.31 ft. at an azimuth of 321 09 50 to a stake; thence 337.57 ft. at an azimuth of 174 46 35 to a stake; thence 647.81 ft. at an azimuth of 120 49 41 to a stake; thence 506.54 ft. at an azimuth of 48 25 59 to a stake; thence 620.26 ft. at an azimuth of 105 44 59 to a stake; thence 685.62 ft. at an azimuth of 189 54 10 to a stake; thence 712.32 ft. at an azimuth of 138 45 52 to a stake; thence 1119.61 ft. at an azimuth of 126 26 33 to a stake; thence 57.40 ft. at an azimuth of 245 50 10 to a stake; thence 1096.83 ft. at an azimuth of 306 25 33 to a stake; thence 741.65 ft. at an azimuth of 318 45 52 to a stake; thence 664.40 ft. at an azimuth of 09 54 10 to a stake; thence 547.80 ft. at an azimuth of 285 44 59 to a stake; thence 515.81 ft. at an azimuth of 228 25 59 to a stake; thence 705.67 ft. at an azimuth of 300 49 41 to a stake; thence 389.67 ft. at an azimuth of 343 09 27 to a stake; thence 582.28 ft. at an azimuth of 333 29 43 to a stake; thence 328.39 ft. at an azimuth of 11 02 18 to a stake; thence 767.81 ft. at an azimuth of 94 40 14 to a stake; thence 676.92 ft. at an azimuth of 181 25 38 to a stake; thence 419.07 ft. at an azimuth of 171 02 47 to the point of Beginning, containing 21.68 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 Logan County Circuit Clerk’s office at 300 Stratton Street, Logan, West Virginia, 25601, 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 26, 2020, at 2:00 p.m., in the Circuit Court of Logan County, West Virginia, located at 300 Stratton Street, Logan, West Virginia, 25601, before the Honorable Joshua Butcher. 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 20th day of July, 2020. MARK McGREW LOGAN COUNTY CIRCUIT CLERK By: Deputy Clerk Submitted by: /s/ Stephen F. Gandee 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-95704 07-24,31;2020