Legal Notices for 02/17/10, page 3

 

Dated this 12th day of February, 2010.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702

TELEPHONE: (606) 528-0616

 

PUBLIC NOTICE

An ordinance amending the Whitley County Budget for Fiscal Year 2009-2010, to include unanticipated receipts increasing/decreasing from the following General Fund in the amount of $327,387.00 and increasing/decreasing expenditures from the General Fund in the amount of $327,387.00 was passed on 02/16/10. A copy of the Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge EXECUTIVE

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

CIVIL ACTION NO. 07-CI-00895

DIVISION NO. I

CHILDERS OIL CO., INC., PLAINTIFF

VS.

SUNSHINE VALLEY, LLC, GARY BARTON and FIRST STATE FINANCIAL, INC., DEFENDANTS

AND

FIRST STATE FINANCIAL, INC., DEFENDANT/THIRD PARTY PLAINTIFF

VS.

EDWIN NIGHBERT, ALLAN STEELY, CHARLES NIGHBERT, ALVIN SHARPE, AIK COMP, WHITLEY COUNTY, KENTUCKY, CITY OF WILLIAMSBURG, KENTUCKY and WILLIAMSBURG CITY SCHOOLS, THIRD PARTY DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 4, 2009 for recovery of the sum of $2,845,051.00 plus interest and costs, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Friday, March 5, 2010, at 1:00 p.m. or thereabout, the following described real property located in Whitley County, Kentucky, to-wit:

TRACT 1:  A certain tract or parcel of land lying in Williamsburg, Whitley County, Kentucky, and on the east side of U.S. 25-W and being a part of the same land conveyed to Sunshine Valley, LLC by deed from Alvin D. Sharpe and wife, JuAnita Sharpe, dated January 14, 2002 and recorded in Deed Book 415, Pages 188-193, Whitley County Court Clerk’s Office, and known as Butch’s II and bounded and described as follows:

PARCEL 1:  BEGINNING on a survey marker at the intersection of the westerly line of US-25W and the northerly line of Rains Street; thence running with the westerly line of US 25W, N 10° 49’ 26” E, 220.94 feet, with the road frontage of Butch’s Market Number 2, to a survey marker at the southeasterly corner of the First State Financial, Inc. tract; thence leaving US 25W and running with the southerly line of said First State Financial, Inc. tract and the northerly line of the Butch’s Market Number 2 tract, N 79° 10’ 34” W, 158.00 feet to a survey marker in said line and at the point of beginning of the parcel herein described; thence continuing with the southerly line of the original First State Financial, Inc. tract and the northerly line of the Butch’s Market Number 2 tract, N 79° 10’ 34” W, 15.00 feet to a survey marker at the original southwesterly corner of said First State Financial, Inc. tract; thence leaving the Butch’s Market Number 2 line and running with the original outside line of the First State Financial, Inc. tract, N 10° 49’ 26” E, 40.00 feet to a survey marker; thence leaving the original line and running into the First State Financial, Inc. tract and severing the same, S 79°10’ 34” E, 15.00 feet to a survey marker; thence continuing with the same S 10° 49’ 26” W, 40.00 feet to a survey marker, the point of beginning containing a calculated area of 600.00 square feet, more or less, as per survey and plat dated January 5, 2002, by Gary R. Owens, P.L.S., Kentucky Registration Number 2681.

PARCEL 2:  BEGINNING  on a survey marker in the intersection of the north line of Rains Street and the west line of US 25W, said survey marker being the southeasterly corner of the tract herein described and the point of beginning of the same, and running thence with the north line of Rains Street the following calls:  N 75°39’ 27” W, 65.69 feet to a survey marker; thence N 85°29’ 17” W, 100.35 feet to a survey marker; thence S 75°03’ 52” W, 27.29 feet to a railroad spike in a crosstie in the center of a drain and at a corner of the remainder of the Alvin Sharpe tract; thence leaving Rains Street and running with the center of a drain and into the boundary of the Alvin Sharpe tract and severing the same the following calls:  N 30° 53’ 04” W, 41.92 feet to a point in the drain witnessed by a survey marker bearing N 69° 40’ 04” E, 6.10 feet from said corner; thence N 09°46’ 47” W, 54.25 feet to a point in the drain witnessed by a survey marker bearing N 89°26’ 11” E, 6.08 feet from said corner; thence N 08° 39’ 10” E 69.19 feet to a point in the drain witnessed by a survey marker bearing S 60° 28’ 20” E, 6.86 feet from said corner; thence N 03° 27’ 11” W, 79.80 feet to a point in the drain; thence N 16°23’ 14” W, 12.66 feet to a point in the drain witnessed by a survey marker bearing S 79° 10’ 34” E, 12.00 feet from said corner; thence leaving said drain and continuing with the remainder of the Alvin Sharpe tract S 79°10’ 34” E, 91.95 feet to a survey marker at the southwesterly corner of the Lexbank, Inc. (a/k/a First State Financial, Inc.) tract; thence with the southerly line of Lexbank, Inc. tract S 79°°10’ 34” E, 173.00 feet to a survey marker at the southeasterly corner of said tract and in the west line of US 25W; thence leaving the Lexbank, Inc. tract and running with the westerly line of US 25W, S 10°°49’ 26” W, 220.94 feet to the point of beginning containing a calculated area of 1.225 acres, more or less, as per survey and plat dated May 22, 2001, by Gary R. Owens, Professional Land Surveyor, Kentucky Registration Number 2681.

The canopy, pumps and underground storage tanks will be included as though part of the realty. 

TRACT 2:  A certain tract or parcel of land lying in Williamsburg, Whitley County, Kentucky, and being all of the same land conveyed to Sunshine Valley, LLC by deed from Nighbert, LLC, dated July 10, 2001 and recorded in Deed book 428, Pages 183-185, Whitley County Court Clerk’s Office, and known as Butch’s Market, and bounded and described as follows:

PARCEL I:  BEGINNING  at a tack in a hub at the southwest corner of Standard Oil’s lot at the edge of the right-of-way of new 92 and the right-of-way is 50 feet from the centerline of the pavement, bear S 54° 55’ W, 50 feet with the right-of-way of the new 92 when reduced to a straight line to Hershell Moses; thence N 41° 50’ W, 144 feet with Moses line to a stake in J.L. White’s fence; thence N 47° 30’ E, 50 feet with White’s line and fence to a tack in a cedar post, also a corner of Standard Oil; thence S 41° 35’ E, 150.64 feet to the beginning.

PARCEL II:  BEGINNING at a steel pin in the edge of right-of-way of US 25W and corner of Franklin Davis and running thence N 40° 00’ W, 73.5 feet to a concrete marker in right-of-way of old US 25W; thence S 58° 30’ 153 feet with right-of-way of old US 25W to a concrete right-of-way marker; thence N 50° 00’ E, 25 feet to the beginning.

The canopy, pumps and underground storage tanks will be included as though part of the realty. 

TRACT 3:  A certain tract or parcel of land lying in Williamsburg, Whitley County, Kentucky, and being all of the same land conveyed to Sunshine Valley, LLC by deed from Master Commissioner of the Whitley Circuit Court for the interest of Diane Hughlett Rains, et al., dated August 7, 2001 and recorded in Deed Book 428, Pages 631-635, Whitley County Court Clerk’s Office, and known as BP, and bounded and described as follows:

BEGINNING at a point in the right-of-way line of Kentucky 92, said point being at approximate Station 5+44 east; thence leaving right-of-way of Kentucky 92 and with the right-of-way of Alternate U.S. 25W N 24° 17’ W, 149.47 feet to a concrete right-of-way marker; thence leaving right-of-way of Alternate U.S. 25W S 44° 45’ west 240.00 feet to an iron pin in C.A. right-of-way ramp to I-75; thence with C.A. right-of-way of said ramp S 62° 9’ E, 144.85 feet to an iron pin in right-of-way of Kentucky 92 and Ramp I-75; thence with right-of-way Kentucky 92 N 44° 45’ E, 143.85 feet to a concrete right-of-way marker, the BEGINNING.

There is a Pole Line Agreement between O.L. Hamlin and wife, Relda Hamlin, and Kentucky Utilities Company for a one-year period and for such time thereafter as any pole line or extension thereof may be maintained by the company, the agreement being dated August 22, 1952 and recorded in Miscellaneous Book 18, Pages 50-51.

The canopy, pumps and underground storage tanks will be included as though part of the realty. 

TRACT 4:  A certain tract or parcel of land lying in Williamsburg, Whitley County, Kentucky, and on the west side of U.S. 25-W and being a part of the same land conveyed to Sunshine Valley, LLC by deed from Alvin D. Sharpe and wife, JuAnita Sharpe, dated January 14, 2000 and recorded in Deed Book 415, Pages 188-193, Whitley County Court Clerk’s Office, and bounded and described as follows:

Being Lots No. 14, 15, 16, 17, and 22 of the Sunshine Valley Estates Subdivision as shown on Plat Book 4, Page 260, Slide 408, Whitley County Court Clerk’s Office, and subject to the General Covenants and Restrictions filed November 30, 2000 in Miscellaneous Book 111, Page 313.

TRACT 5:  A certain tract or parcel of land lying in Whitley County, Kentucky, and being all of the same land conveyed to Alvin D. Sharpe by deed from Ivan Ray Gant, II, et al. dated January 3, 2000 and recorded in Deed Book 414, Pages 748-751, Whitley County Court Clerk’s Office, ad bounded and described as follows:

BEGINNING at the culvert at the end of Jones Lumber Company’s side tract, a conditional line of the right-of-way of the Lebanon Branch Knoxville Extension of the L&N Railroad Company; thence to the Branch; thence up the Branch to a marked beech at the mouth of a drain; thence up said drain to the top of a cliff; thence southward to the line of the Elliot survey; thence with the same to Steele’s right-of-way; thence to the beginning.

TERMS OF SALE

1. Each of the five (5) separate tracts set forth above (Tracts 1, 2, 3, 4 and 5) shall first be sold individually and then combined and sold collectively as a whole and if the bid price for all of the properties combined brings more in the aggregate than the individual sales, the property shall be sold in the aggregate.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance due in 60 days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment. 

3. The risk of loss for the subject property shall pass to the purchaser(s) on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of a deed as approved by the court.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years.  All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

5. The property shall be sold subject to the following:

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

c. Any facts which an inspection and accurate survey of the following described real estate may disclose.

PERSONAL PROPERTY

The furniture, fixtures, equipment and inventory located on Tract 1 (Butch’s II), Tract 2 (Butch’s Market) and Tract 3 (BP), as repossessed by First State Financial, Inc., shall be sold separately from the real estate upon the same payment terms.

DATED:  this 16th day of February, 2010.

DARRELL L. SAUNDERS, PSC

SPECIAL MASTER COMMISSIONER

700 MASTER ST, P.O. BOX 1324, CORBIN, KY 40702

TELEPHONE:  (606) 523-1370; FAX NUMBER: (606) 523-1372

 

Financial Report

Lawrence Hodge, Whitley County Sheriff

2009 Fee Account

1-1-2009 through 12-31-2009

 

Income:                                      Amounts:

State Klefpf:                   $41,193.40

Baliff                   $15,484.80

Forestry                   $4,831.25

Coop                   $3,409.56

School Deputy                   $38,873.52

Tax Comm. $5.00 Fees                   $6,425.00

Tax Comm. 10%                   $31,931.97

Fines Fees Collected                   $2,700.61

Fiscal Court                   $423,277.57

County Clerk Del. Taxes                   $66,618.82

Comm. on Taxes Collected                   $288,837.66

Auto inspections                   $9,970.00

Accident Reports-Copies                   $2,135.80

Serving Papers                   $55,531.00

CCDW                   $9,380.00

Transports                   $53,889.85

Court Cost                   $21,911.70

Interest Earned                   $3,446.50

Misc.                   $4,022.30

State Advancement                   $140,000.00

Bank Notes                   $125,000.00

Total Income:                   $1,348,871.31

Outstanding Receivables 2009                   $19,238.45

 

Expenses:

Gross Salaries                   $544,461.40

Transporter                   $300.00

KLEFPF                   $31,921.54

Training Incentive                   $3,528.24

Empl. Social Security                   $41,580.92

Retire. Non Haz.                   $24,952.32

Haz. Duty                   $111,988.70

EmpI. Dental                   $3,558.73

Health Ins.                   $79,626.12

Storage                   $700.00

Advertising                   $229.51

Veh. Main. & Repair                   $62,759.57

Radio Camera Supplies                   $524.99

Office Materials                   $5,968.28

Uniforms                  $6,198.36

Gasoline                  $73,368.26

Gun Supplies                   $1,347.00

Prisoner Blood Kit                   $125.00

Dues                   $1,633.00

Postage                   $1,313.38

Evidence Supplies                   $267.94

Summons Other Counties                   $80.00

Bond                   $964.25

Cell Phones                   $2,896.86

Transpors                   $9,563.99

State Advancement                   $140,000.00

Notes                   $125,500.00

Interest                   $4,953.74

Misc.                   $2,045.20

Total Expenses                   $1,282,357.30

 

Overall Total                   $47,275.56

Additional excess fees 2009   $19,238.45

Total excess fees:                  $66,514.01

 

THIS SETTLEMENT IS SUBJECT TO CHANGE AFTER AUDIT OF PUBLIC ACCOUNTS. SUBSCRIBED AND SWORN TO BEFORE ME BY, LAWRENCE HODGE, WHITLEY COUNTY SHERIFF THIS 9TH DAY OF FEBRUARY, 2010.

 

LAWRENCE HODGE, WHITLEY COUNTY SHERIFF                 

BETTY B. WOODS, NOTARY – STATE AT LARGE, EXP: 11-1-10