Legal Notices

IN THE CIRCUIT COURT OF LINCOLN COUNTY, WEST VIRGINIA Civil Action No. 20-C-37 Hon. Jay M. Hoke AEP WEST VIRGINIA TRANSMISSION COMPANY, INC., a West Virginia corporation, Petitioner, vs. LAVEDIA KAREN ROE, KEVIN ERIC LOVEJOY, KEITH EDWIN LOVEJOY, DIVERSIFIED PRODUCTION, LLC, EYBANK, NA, UNKNOWN PERSONS/OWNERS and GARY LINVILLE, SHERIFF OF LINCOLN COUNTY, WEST VIRGINIA, Respondents. LEGAL NOTICE OF PUBLICATION AND NOTICE TO APPEAR ON NOVEMBER 24, 2020, AT 10:15 A.M. TO: RESPONDENTS, LAVEDIA KAREN ROE, KEVIN ERIC LOVEJOY, KEITH EDWIN LOVEJOY, DIVERSIFIED PRODUCTION, LLC, KEYBANK, NA, UNKNOWN PERSONS/OWNERS, AND GARY LINVILLE, SHERIFF OF LINCOLN COUNTY, WEST VIRGINIA Notice is hereby given to Lavedia Karen Roe, Kevin Eric Lovejoy, Keith Edwin Lovejoy, Diversified Production, LLC, Keybank, NA, Unknown Persons/Owners, and Gary Linville, Sheriff of Lincoln 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 Lincoln County, West Virginia, and is known as Civil Action No. 20-C-37, and styled AEP West Virginia Transmission Company, Inc. vs. Lavedia Karen Roe, 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 AEP West Virginia Transmission Company, Inc. situate in Laurel Hill District, Lincoln County, West Virginia, identified as Tax Map 23, Parcel 4, and recorded in the office of the Clerk of the County Commission of Lincoln County, West Virginia, in Deed Book 361, at page 83, and being more specifically bounded and described as follows: 268 AC SUR E S GUYAN PARCEL NUMBER ONE: All of the surface of that certain tract or parcel of real estate situate on the waters of Aaron’s Creek of Guyan River in Laurel Hill District, Lincoln County, West Virginia, bounded and described as follows: Beginning at a stake and three sourwood pointers near the mouth of Spears Fork of Aaron’s Creek, a corner to Eli Brewster’s land; thence running through Huntington Development and Gas Company’s fee land N 67 E 231 feet to a spruce pine on point. N 72 30′ E 309 feet large red oak on point; N 43 20′ E 2694 feet to a large leaning white oak on ridge; thence running with a binding on surface land owned by Frank McComas, S 86 E 410 feet a large red oak in gap; S 77 30′ E 439 feet to a gum marked and painted blue on ridge; thence with and binding on Della Pullen’s land, S 16 E 539 feet to two hickories on point; thence running with binding on a tract of land covey to Clinton and Dora Spears by Huntington Development and Gas Company, S 24 W 98 feet to a 12 inch black oak on point; S 10 W 124 feet to a stake on point; S 17 30′ W 255 feet to a 24 inch black oak on point; S 23 W 99 feet to a 12 inch black oak on point; S 2 30′ E 88 feet to a stake on point; S 39 W 309 feet to a stake at the call of black oak in a flat 90 feet north of a branch two-black oaks and white oak pointers; S 7 15′ W 828 feet to a black oak stump- two hickories and fallen hickory marked on point; S 64 45′ E 703 feet to a stake at the call of white oak on the south side of ridge- hickory pointer; S 88 30′ E 701 feet to a chestnut oak stump on ridge at some rocks; S 54 E 181 feet to a large chestnut oak stump on a ridge which bears N 56 E 22 feet from a black oak witness; thence leaving Clinton and Dora Spears, and running S 7 W 725 feet to a stake on point by a large chestnut oak witness; thence binding on Logan Huntington Land Company’s land N 46 16′ W 1087 feet to a fallen hickory 30 feet south of top of ridge, black oak and white oak witness; thence S 35 W 1016 feet to a hickory on knob; S 68 30′ W 712 feet to a 20 inch black oak on ridge; S 11 45′ W 440 feet to a stake and three small black oak pointers; S 35 W 248 feet to a double chestnut snag on ridge in gap; S 28 40′ W 484 feet to a stake on ridge; S 50 30′ W 132 feet to a large black oak on ridge; S 9 30′ W 1015 feet to a black oak by an oak stump on knob; thence running through Huntington Development and Gas Company’s fee land N 68 W 266 feet to a stake on a ridge-black oak and white oak witnesses; N 52 W 266 feet to a black oak on knob; N 69 W 129 feet to a black oak on ridge; S 85 45′ W 191 feet to a white oak on ridge; S 86 30′ W 192 feet to a set stone on ridge, hickory witness; N 76 45′ W 499 feet to a white oak on point on line of Eli and Sally Brewster’s tract; thence running with and binding on same, N 27 E 1585 feet, crossing a branch of Aaron’s Creek to a stake six feet above a large black oak stump at the call of a chestnut (gone) in a cleared field; N 23 30′ W 964 feet to a stake 20 feet south of the top of point-black oak and white oak witnesses; N 58 30′ W 139 feet to a double black oak on point; N 17 W 1025 feet to the beginning, containing 268 acres, more or less. TRACT NUMBER TWO: The surface and surface rights of the certain tract, piece of parcel of real estate, lying and being Spears Fork of Aaron’s Creek, in Laurel Hill District, Lincoln County, West Virginia, containing 71 acres, more or less. There is hereby conveyed only that portion of the 71 are tract that lies and is contiguous with said 268 acre tract above referred to as Tract Number One, It being clearly understood that the Grantees herein will receive only that portion of said 71 acre tract divided by Appalachian Electric Power Company lines as shown on Plat 3718 and further identified on said map by pole numbers as follows: Pole Number 29, 28, 27, 26, 25, 24, 23, 22, 21, 20, 19, 18, 17, 16 and 15; and Plat 3719. pole numbers 18, 17 and 16, it being the intention to divide said 71 acre tract according to the power line now running through said land approximately dividing the tract of real estate in half and that the Grantees shall receive only that portion of real estate that is contiguous with said 268 acre tract, the portion herein conveyed being approximately 35.5 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 Lincoln County Circuit Clerk’s office at 8000 Court Avenue, Hamlin, West Virginia, 25523, for the purposes of appearing and defending. The Petition for Condemnation/Right of Entry may also be obtained from the attorneys for AEP West Virginia Transmission Company, Inc., 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 November 24, 2020, at 10:15 a.m., in the Circuit Court of Lincoln County, West Virginia, located at 8000 Court Avenue, Hamlin, West Virginia, 25523, before the Honorable Jay M. Hoke. 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 29th day of September, 2020. CHARLES BRUMFIELD LINCOLN COUNTY CIRCUIT CLERK 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-99475 10-07,14;2020