Marshall, Ohio

Public Notice

LEGAL NOTICE
Hubert Smith, Carolyn Smith, Robert Magnuson, and the unknown spouses, heirs, devisees, legatees, executors, administrators, successors, and assigns of the aforementioned individuals whose last known address is unknown, will take notice that on August 25, 2022, an affidavit was filed for Linda Vealey and Jerry Whanger, by their attorney, John Willems, in the Kanawha County Clerk’s office to cancel those leases outlined below pursuant to W.Va. Code Section 36-4-9b. This requires giving legal notice to all persons with an interest in the Leases. lessors have tried and failed to ascertain the current addresses of Hubert Smith, Carolyn Smith, and Robert Magnuson, and therefore, we now serve notice by publication. The Affidavit filed is as follows:
AFFIDAVIT OF
LEASE TERMINATION, EXPIRATION, AND
CANCELLATION
Now comes John Francis Willems, attorney of Lessors, whose address is 700 Virginia St. East, Suite 400, Charleston, WV 25301 (“Affiant”), and hereby swears and affirms the following:
1. Linda Vealey, whose address is 249 Frazier Way, Scott Depot, WV 25560, and Jerry Whanger, whose address is 102 Magerton Court, Cary, NC 27511 (together, the “Lessors”) own an oil and gas interest in 100.17 acres and 24.75 acres in Jefferson District, Kanawha County, West Virginia, underlying Tax Map 14, Parcel 14 and other adjacent tracts, leased by Leighton and Leah Whanger four times between 1986 and 1989 through the following leases: ( 1) That oil and gas lease dated January 15, 1986, and recorded in Lease Book 229, page 504, Leighton and Leah Whanger leased 24.75 acres unto Morris Exploration Company. (2) That oil and gas lease dated February 26, 1987, and recorded in Lease Book 233, page 336, Leighton and Leah Whanger leased 24.75 acres and 100.17 acres unto Cenestia Energy, Inc. (3) That oil and gas lease dated October 6, 1987, and recorded in Lease Book 235, page 196. Leighton and Leah Whanger leased 24.75 acres and 100.17 acres unto Cenestia Energy, Inc. (4) By that oil and gas lease dated October 30, 1989, and recorded in Lease Book 237, page 421, Leighton and Leah Whanger leased 100.17 acres unto Cenestia Energy, Inc. (collectively, the “Leases”). Affiant hereby represents and warrants that she and Jerry Whanger are the heirs of the original lessors to these Leases.
2. Affiant further represents and warrants that the Leases produced four oil and gas wells with the Whanger #1 Well (API#4703904547) having been dug on the 24.75-Acre Tract, and the Whanger #1-A Well (API#4703904713), the Whanger #2-A Well (API#4703904766), and the Whanger #3-A (API#4703904808) (collectively, the “Wells”) having been dug on the 100.17-Acre Tract.
3. Affiant further represents and warrants by the terms of those Leases, if any time after the primary term, which was six months for each lease, production were to cease, the lease would terminate unless production were to resume within sixty days. The primary term of the last lease expired on April 30, 1990. Production of the Wells ceased in 2014, and the last payment to his clients was received in 2019. Each of the Leases has expired by its own terms.
4. Affiant, as attorney for the Lessors, served proper notice to the lessees and their successors and assignees as required under W.Va. Code Section 36-4-9b (b), (c), and (d). Three interest holders were served by publication in the Charleston Gazette Mail twice on May 7, 2022, and May 14, 2022. All other interest holders were served by certified mail, and the last such interest holder to receive notice of this termination received that notice on June 23, 2022.
5. Three assignees of the Leases, EnerVest Energy Institutional Fund XIV-A, L.P., EnerVest Energy Institutional Fund XIV-WIC, L.P., and EnerVest Energy Institutional Fund XIV-1A, L.P. responded and provided a release of their interest in the Leases dated May 18, 2022, recorded in the Office of the County Commission of Kanawha County in Release Book 1367, page 174.
6. All other lessees and their heirs have not, within the prescribed sixty-day time period, provided a timely challenge to the notice as provided within subsection (e). A copy of one typical notice and the service list of those notices have been attached to this affidavit.
5. Per the terms of W.Va. Code Section 36-4-9b, Affiant will serve a copy of this notice upon all persons on the same Service List, upon which the process prescribed by the statute will be complete and the Leases will be terminated, expired, and canceled.
6. And further Affiant saith not.

The statute requires that an example of the notice provided be listed along with a service list. This is an example of the notice provided:

Re: Notice of Oil and Gas Lease Termination

I represent Linda Vealey and Jerry Whanger. They are the heirs to an oil and gas interest in 100.17 acres and 24.75 acres in Jefferson District, Kanawha County, West Virginia, underlying Tax Map 14, Parcel 14 and other adjacent tracts, leased by Leighton and Leah Whanger four times between 1986 and 1989: (1) That oil and gas lease dated January 15, 1986, and recorded in Lease Book 229, page 504, Leighton and Leah Whanger leased 24.75 acres unto Morris Exploration Company. (2) That oil and gas lease dated February 26, 1987, and recorded in Lease Book 233, page 336, Leighton and Leah Whanger leased 24.75 acres and 100.17 acres unto Cenestia Energy, Inc. (3) That oil and gas lease dated October 6, 1987, and recorded in Lease Book 235, page 196. Leighton and Leah Whanger leased 24.75 acres and 100.17 acres unto Cenestia Energy, Inc. (4) By that oil and gas lease dated October 30, 1989, and recorded in Lease Book 237, page 421, Leighton and Leah Whanger leased 100.17 acres unto Cenestia Energy, Inc. (collectively, the “Leases”). All recording information pertains to the records of the Clerk of the County Commission of Kanawha County. The Leases produced four oil and gas wells with the Whanger #1 Well (API#4703904547) having been dug on the 24.75-Acre Tract, and the Whanger #1-A Well (API#4703904713), the Whanger #2-A Well (API#4703904766), and the Whanger #3-A (API#4703904808) (collectively, the “Wells”) having been dug on the 100.17-Acre Tract.

Here is a list of the people served with said notice:

Alliance Resources Corporation
C/O Jack Whiteman
P.O. Box 670249
Dallas, TX 75367
Alliance Resources West Virginia Master Limited Partnership
C/O Brian Robinson
10711 Park Village Place, Suite 250
Dallas, TX 75230

Alliance Natural Gas Fund, Limited Partnership
C/O Brian Robinson
P.O. Box 670249
Dallas, TX 75367

Alliance Drilling Program 1987-B, Limited Partnership
C/O Brian Robinson
5924 Royal Lane, Suite 153
Dallas, TX 75230

Young Wireline Services, Inc.
C/O John Simon
2250 Roxalana Road
Dunbar, WV 25064

Range Resources-Pine Mountain, Inc.
C/O Corporation Service Company
209 West Washington Street
Charleston, WV 25302

Morris Exploration Company
C/O Jim P. Morris
P.O. Box 5421
San Angelo, TX 76902

David Fox, Jr
522 North Inwood Road
Huntington, WV 25701

Ira Bartram
P.O. Box 306
Milton, WV 25541

Ronald Brown
2200 One Galleria Tower
13355 Noel Road LB 48
Dallas, TX 75240

Brian Robinson
2607 Carriage Lane
Carrollton, TX 75006

David A. Dejarnett
101 South Queen Street
Martinsburg, WV 25401

U.S. Bank, National Association
214 North Tyron Street – 27 th Floor
Charlotte, NC 28202

EnerVest Energy Institutional Fund XIV-A, L.P.
C/O Capitol Corporate Services, Inc.
206 E. 9 th St., Suite 1300
Austin, TX 78701

EnerVest Energy Institutional Fund XIV-WIC, L.P.
C/O Capitol Corporate Services, Inc.
206 E. 9 th St., Suite 1300
Austin, TX 78701

EnerVest Energy Institutional Fund XIV-1A, L.P.
C/O Capitol Corporate Services, Inc.
206 E. 9 th St., Suite 1300
Austin, TX 78701

Thomas Damewood
108 Basswood Road
Charleston, WV 25314-2228

Thomas H. Gilpin
2189 Kennon Lane
Huntington, WV 25705

Charleston National Bank
P.O. Box 1113
Charleston, WV 25324

Bank One, West Virginia, Charleston, N.A.
P.O. Box 1113
Charleston, WV 25324

JPMorgan Chase Bank
C/O The Corporation Trust Company
1209 Orange St.
Wilmington, DE 19801

Served by publication:

Hubert Smith and his unknown spouse, heirs, devisees, legatees, executors,
administrators, successors, and assigns, (Addresses Unknown)
Carolyn Smith , and her unknown spouse, heirs, devisees, legatees, executors, administrators, successors, and assigns, (Addresses Unknown)
Robert Magnuson and his unknown spouse, heirs, devisees, legatees, executors, administrators, successors, and assigns, (Addresses Unknown)

If any person would like to inquire about this affidavit or the leases expired thereby, please contact John Willems at 304-989-7270 or by email at
[email protected].
PLEASE FORWARD TO THIS OFFICE A DRAFT COPY OF THE NOTICE PRIOR TO COMMENCING PUBLICATION, SO WE CAN PROOFREAD IT FOR ACCURACY.
Int. Aug 30, Sep 6, 2022