Legal Notices for 5/4/2011, page 1

 COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 08-CI-00725

OCWEN LOAN SERVICING, LLC, PLAINTIFF VS. TAMMY L. HUFF A/K/A TAMMY LYNN HUFF A/K/A TAMMY LYNN HUFF SHAFER A/K/A TAMMY HUFF; HOMETOWN BANK OF CORBIN, INC.; COMMONWEALTH OF KETNUCKY – FINANCE AND ADMISISTRATION CABINET; WADE E. CARR; COUNTY OF WHTILEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on July 13, 2009, and subsequent Order entered on March 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 9, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Tammy L. Huff a/k/a Tammy Lynn Huff a/k/a Tammy Lynn Huff Shafer a/k/a Tammy Huff, plus costs, are as follows:

(1) The principal sum in the amount of $90,477.17, plus interest from 10/1/08 in the amount of $3,527.23, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $0.00, plus Unapplied Funds Balance in the amount of $450.54, plus attorney fees in the amount of $1,100.00, for a total in the amount of $94,653.86.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Beginning at a point in the West right of way line of Todd Street in the line of Lot 107, 60 feet from the point on Todd Street where Lot 105 meets Lot 107; thence running with the East boundaries of Lots 107 and 109 North 37 degrees 29 minutes East 200 feet to a stake; thence leaving Todd Street and running North 49 degrees 26 minutes West 181.50 feet to a point in the East boundary of Lot 210; thence South 37 degrees 29 minutes West 200 feet to a stake in the East boundary of Lot 208; thence leaving the East boundary of Lot 208 and running South 49 degrees 26 minutes East 181.50 feet to the beginning.

Being the same property or a portion of the same property conveyed to Tammy Lynn Huff Shafer and Troy K. Shafer, as joint tenants with rights of survivorship by Quit Claim Deed dated May 21, 2004 from Tammy Lynn Huff, sole owner filed on August 30, 2004 in Book 455 at Page 258 in the Whitley County records.

Commonly known as:  7609 Todd Street, Corbin, Kentucky 40701.

Parcel Number: 085-00-00-097.08

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616, FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 10-CI-00932

WELLS FARGO BANK, N.A., PLAINTIFF VS. DAVID DELK aka DAVID S. DELK, KRISTI DELK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on March 25, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 9, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, David Delk aka David S. Delk, plus costs, is as follows:

(1) As of December 23, 2010, the principle sum in the amount of $133,218.29, plus interest from 07/01/10 in the amount of $5,058.64, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,117.39, plus late charges in the amount of $53.62, plus Attorneys fees (KRS 411.195) in the amount of $1,000.00, for a total amount of $141,447.94.  For which total amount personal judgment rendered against the defendant, David Delk aka David S. Delk, together with interest at the rate of 7.8750 percent per annum ($28.74 per diem) from the above date until paid, plus late charges, advances for taxes and insurance, and costs herein expended, including a reasonable attorney fee and for any other fees expended for services performed in connection with the defendant’s default and for protecting plaintiff’s interest in the property and its rights under the mortgage instrument.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Being a 0.8805 acre tract within the bounds of a 41.2051 acre parent tract owned and developed by All-4-One Development, LLC as recorded in Deed Book 469, Page 316 in the Whitley County Court Clerk’s Office.  This tract is referred to as Lot No. 17 on the Creekstone Subdivision plat recorded on June 21, 2007 in Cabinet 2, Slide 548, office of the Whitley County Clerk, and is more particularly described as follows:

Unless stated otherwise, any monument referred to herein as a pin and cap is a set ½ inch in diameter steel rebar, eighteen inches (18”) in length, with a yellow plastic cap stamped “Ledington PLS 3192”.  All bearings stated herein are referred to in the Creekstone Subdivision survey plat as previously referenced.

BEGINNING at a pin and cap set in the approximate right of way (20’ from center) of Creekstone Drive, a common corner to lot no. 16 thence with the said right of way n 44 deg 09’ 55” w, a distance of 166.52 ft to a pin & cap; thence n 38 deg 35’ 21” e, a distance of 190.42 ft to a pin & cap thence s 58 degrees 28’ 07” e, a distance of 196.64 feet to a pin and cap, a common corner to lot no. 16 thence s 45 degrees 50’ 17” w, a distance of 237.48 feet to the point of beginning, being Creekstone Lot No. 17 and containing 0.8805 acres more or less, according to a survey by John Ledington, LS #3192 ON June 17, 2007.

Being the same property conveyed to David  Delk and wife, Kristi Delk, from Anthony Campbell, by Deed recorded on November 4, 2008 In Book 486, Page 704, In the Whitley County Clerk’s Office.

Said property address is: 200 Creekstone Drive, Corbin, Kentucky 40701.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay one-third (1/3) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616, FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 11-CI-00030

FIRST STATE FINANCIAL, INC. f/k/a TOWN AND COUNTRY BANK, PLAINTIFF VS. BILLY S. LAWSON and his wife, SHEA LAWSON, a/k/a DONNA SHEA LAWSON; COMMONWEALTH OF KENTUCKY, DIVISION OF COLLECTIONS, DEPARTMENT OF REVENUE; DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE; MIDLAND GINDING, LLC; HUDSON & KEYSE, LLC; LIEN SOLUTIONS, LLC; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Billy S. Lawson and Shea Lawson, Donna Shea Lawson, personally, jointly and severally, plus costs are as follows:

(1) The principal sum in the amount of $125,030.80 as of January 3, 2011, plus interest at the rate of $20.28 per day until April 4, 2011, and interest thereafter at the judgment rate of 12% per annum until paid in full.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING on a survey marker in N line of 30 ft. wide unnamed county road in E corner of Warren Hale (DB 326, Pg 6); thence with Hale line N 30 17 29 W 115.18 ft. to a point in centerline of a drain, mkr (3233, (N 86 15 26 E 13.43 from said marker); thence N 29 17 27 W 54.29 ft. to point in said drain (3233), N 15 15 28 E 49.99 ft from said survey marker; thence with centerline of drain N 67 30 48 W 64.04 ft. to a point ref (3233) bears S 87 12 53, 13.70 ft. from marker; thence N 29 02 11 W 44.26 ft. to a point ref (3233) which bears S 86 15 09 W 8.83 ft. from marker; thence N 18 35 05 E, 8.83 ft. to marker (3233); thence N 18 35 05 E 62.69 ft. to a white oak; thence N 17 03 19 E 64.55 ft. to a 12” forked gum; thence N 27 32 25 E 89.76 to a 10” gum’ thence N 31 08 54 E 128.29 ft. to a 12” white oak; thence N 40 58 09 E 134.11 ft. to a white oak; thence S 50 09 32 E 270.12 ft. to a 16” black oak; thence S 43 39 08 E 308.16 ft. to marker (3233); thence S 54 55 30 W 579.20 ft. to point of BEGINNING.

BEING the same property conveyed to Billy S. Lawson and his wife, Shea Lawson, by deed from Louis W. Long, Jr., recorded January 28, 2004 of record in Deed Book No. 450, Page 52, Whitley County Court Clerk’s Office.

Property Address:  315 Casey Road, Williamsburg, KY 40769

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.: 11-CI-00029

FORCHT BANK, NA SUCCESSOR IN INTEREST TO TRI-COUNTY NATIONAL BANK,  PLAINTIFF, VS. NICHOLAS HORVATH and his wife, KELLY HORVATH; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment In Rem against the defendants, Nicholas Horvath and his wife, Kelly Horvath, plus costs is as follows:

(1) The principal sum in the amount of $74,737.37 as of March 7, 2011, plus interest at the rate of 5.99%.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

A certain tract or parcel of land lying and being located in Whitley County, Kentucky, on the waters of Watts Creek, located approximately 01.00 mile east from the intersection of State Route #26 and State Route #3423, (formerly State Route #511 and also known as Tyes Ferry Road and/or Meadow Creek Road ) and more particularly described as follows:

All bearings are referenced to the source Deed Book 367, Page 157 (South 05 degrees 07 minutes 17 seconds East –closing call on deed), all iron rebar set or found this survey are with an aluminum surv-kap stamped #2581, and all distances are expressed in feet. This survey was completed without a legal abstract being performed.

BEGINNING at an iron rebar (found), located on the north side of State Route #3423 (formerly State Route #511, no record right of way found, source deed referenced State Route #511 as having a 35.0 feet right of way left and right of the centerline);

Thence, following the north side of State Route #3423 and with the property boundary lines as described within the source deed, the following bearings and distances; South 69 degrees 50 minutes 36 seconds East 48.86 feet to an iron rebar (set);

Thence, leaving the said road and up the hillside, establishing new property boundary lines, the following bearings and distances; North 41 degrees 49 minutes 19 seconds East 186.38 feet to an iron rebar (set), located in a wire fence; North 48 degrees 58 minutes 51 seconds West 262.17 feet, with the wire fence, to a cross tie fence post (found), witnessed by an iron rebar (found), which bears South 04 degrees 32 minutes 08 seconds West 1.00 feet;

Thence, leaving the said wire fence, South 04 degrees 32 minutes 08 seconds West 270.70 feet to the corner of the beginning containing 00.86 acre, more or less, as described by a property boundary survey completed May 07, 2004, by Kentucky Surveys, Inc., Charles J. Felts, LPS #2581.

BEING THE SAME PROPERTY conveyed to Mortgagor from Darrell Ball and his wife, Joann Ball, dated April 13, 2006, and recorded in Deed Book 468, Page 357 of the Whitely County Clerk’s Office.

Property Address:  961 Tyes Ferry Road, Rockholds, KY 40759

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 08-CI-00274

BAYVIEW LOAN SERVICING, LLC, PLAINTIFF, VS. LINDA G. MILLER; SCOTT J. MILLER; CITY OF CORBIN, KENTUCKY; COMMONWEALTH OF KENTUCKY, CABINET FOR HUMAN RESOURCES, EX REL DIVISION OF UNEMPLOYMENT INSURANCE; COMMONWEALTH OF KENTUCKY, DIVISION OF COLLECTIONS, DEPARTMENT OF TAX COMPLIANCE, REVENUE CABINET; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to Judgment and Order of Sale entered by the Whitley Circuit Court on May 11, 2009, and subsequent Order entered April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public action on Monday, May 9, 2011 at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Linda G. Miller and Scott J. Miller, plus costs, are as follows:

(1) The principal sum in the amount of $38,514.44, together with accrued interest thereon at the rate of 10.50000% per annum from April 10, 2009, until the amount has been paid in full.

The said real property is located in Whitley County, Kentucky and is more specifically described as follows:

Lots No. 17 and 18 in the Hawkins Addition to the City of Corbin, Kentucky, and bounded and described as follows:

Commencing at a stake in Oak Street, corner of Lot No. 19, running thence 120 feet to an alley; thence with said alley 120 feet to the corner of lot No. 16, thence west with the said line 130 feet to corner of oak Street, thence with oak Street 120 Feet to the beginning.

Exception: there is excepted from the foregoing that portion sold and conveyed by the late Maggie harp to Alex Byble and his wife, by deed bearing date of May 14, 1946, which is of record in Deed Book 163, page 333, Whitley County Court Clerk’s Office and bounded as follows:

Beginning at a point in the east line of said Oak St. and Herb’s corner; thence eastward with Herb’s line 130 feet to the west line of an alley; thence northward with the west line of said alley 49 ft. to a stake; thence westward, running parallel to the first line, 130 feet to the east line of Oak Street; thence southward with the east line of Oak St. 49 Feet to the beginning.

Being the same property conveyed to Bayview Financial Property Trust by deed dated November 4, 2005, recorded on December 29, 2005 in Deed Book 466, Page 226, Whitley County Clerk’s office.

Said property address is: 509 Oak Street, Corbin, Kentucky 40701.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten (10) % down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616, FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.: 10-CI-01015

THE BANK OF NEW YORK MELLON, AS TRUSTEE, BY AND THROUGH ITS ATTORNEY-IN-FACT, VANDERBILT MORTAGE AND FINANCE, INC., PLAINTIFF, VS. JAMES ANGEL; JENNIE M. ANGEL;  CREDIT ACCEPTANCE CORPORATION; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment In Rem against the defendants, James Angel and Jennie M. Angel, plus costs is as follows:

(1) The principal sum in the amount of $36,347.49 with interest thereon at the contract rate of 14.99% per annum from September 17, 2010 until April 4, 2011, and thereafter at the contract rate, until paid.

(2) The property shall be sold as a whole along with the mobile home currently situated on the real property described as a 2001 Clayton Mobile Home, Serial No. CWP0095666TN. 

The property to be sold is as follows:

A certain tract of land located in Whitley County, Kentucky lying on the south side of the McNeil-Corn Creek Road 1.85 miles west of its junction with Kentucky Route 1034, on the waters of Corn Creek and more particularly described as follows:

Beginning at a point in the center of Corn Creek in the right of way of the McNeil-Corn Creek Road, referenced by an iron pin/cap which bears South 67°59’46” West 9.96 feet, also a corner to Delbert Swafford (D.B. 260, Pg. 115), thence down Corn Creek, in part with Delbert Swafford and in part with the Boyd Swafford reserve tract, South 57°22’52” East 214.05 feet to an iron pin; Thence severing the lands of Boyd Swafford 2 new lines:

1) South 48°51’11” West 221.26 feet to appoint witnessed by an iron pin/cap which bears North 16°47’17” West 93.69 feet;

2) North 16°47’17” West 221.26 feet to a point in the right of way of the McNeil-Corn Creek Road referenced by an iron pin/cap which bears North 16°47’17” West 2.29 feet; Thence with the right of way of Corn Creek Road three lines;

1) North 66°28’45” East 31.71 feet to a point;

2) North 48°55’16” East 55.10 feet to a point;

3) North 35°49’18” East 60.39 feet to the beginning, containing 1.00 acres according to a survey performed by Forrester W. Hamilton, PLS 2736, on October 7, 2001. 

The above-described tract is a part of Deed Book 339, Page 320, Whitley County Clerk’s Office.

Property Address:

1644 McNeil Corn Creek Road, Rockholds, KY 40759

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.: 10-CI-01012

FORCHT BANK, NA SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. THOMAS R. PREWITT and his wife, MARY GRACE PREWITT; and  WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE   

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment In Rem against the defendants, Thomas R. Prewitt and his wife, Mary Grace Prewitt, plus costs is as follows:

(1) The principal sum in the amount of $25,621.73 as of March 22, 2011, plus interest at the rate of 9.99%, per Count I of the plaintiff’s Complaint.

(2) And the principal sum in the amount of $14,813.31 as of March 22, 2011, plus interest at the rate of 4.25%, per Count II of the plaintiff’s Complaint.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING on a US Forest Service Corner No. 60 on North bank of Craig Road; thence with US line N 61° 24’ W 650 ft. to a white oak; thence N 35° 30’ E 210 ft to an iron stake; thence S 82° E 540 ft to an iron stake; thence S 56° 45’ E 280 ft to an iron stake on the North bank of Craig Road thence S 44° 45’ W 177 ft with road to iron stake; thence S 54° 45’ W 276.33 ft with road to point of BEGINNING.

BEING THE SALE PROPERTY acquired by Thomas R. Prewitt, single, by deed dated June 6, 2002, from Eva Prewitt, unremarried widow of Lowell Prewitt and Larry Prewitt and his wife, Orene Prewitt, recorded in Deed Book 435, Page 472, of the Whitley County Court Clerk’s Office, See also deed to Thomas R. Prewitt, single, dated July 18, 2002, from Eva Prewitt, unremarried widow of Lowell Prewitt, (deceased) and Larry R. Prewitt and his wife, Orene Prewitt, Marjorie G. Kerr, single, and Lendy B. Prewitt, single, and recorded in Deed Book 436, Page 586 of the Whitley County Court Clerk’s Office. See also Affidavit of Descent of Lowell Prewitt recorded in Deed Book 436, Page 576.

Property Address:  1221 Craig Road, Williamsburg, KY 40769

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER  COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 10-CI-00773

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ABFC 2005-AQ1 TRUST,  ASSET-BACKED CERTIFICATES, SERIES 2005-AQ1, PLAINTIFF, VS. CHARLES D. FELTS; JENNIEFER M. FELTS; COUNTY OF WHITLEY; L&N FEDERAL CREDIT UNION, DEFENDANTS,

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Charles D. Felts and Jennifer M. Felts, plus costs, is as follows:

(1) The principal sum in the amount of $126,669.19, plus interest at the rate of 6.99000 percent per annum from April 1, 2010, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Beginning at a Pine and Black Oak being Harts Corner, N.3. E. 300, to a 3 inch Cedar; thence North 173 feet to a stake; thence West 300 feet to a stake cornering on Canoe Branch; thence South 173 feet to the point of beginning, containing 1 acre more or less.

Following Black Diamond Road from the corner of Leland Sharp and Emit Hart’s line 20 feet west; thence South, .15 miles to the beginning of William and Karen Bray’s line. Thus being the right of way granted to Williams and Karen Bray from Leland and Gloria Sharp.

Being the same property conveyed to Charles D. Felts and Jennifer M. Felts, from Tri-County National Bank, by Deed dated 08/20/1999, recorded 08/27/1999, Deed Book 411, Page 587, Whitley County Clerk’s Records, and being known as 1365 Black Diamond Rd, Corbin, KY 40701.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

2. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

3. 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.

4. 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.

5. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

6. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 09-CI-00553

21ST MORTGAGE CORPORATION, PLAINTIFF, VS. JEWELL PHILPOT; JAMES OTIS HARP;  SAMANTHA HARP; SAVANNAH N. MINTON; CENTRAL FINANCIAL SERVICES, INC.; COMMONWEALTH OF KENTUCKY, COURT OF JUSTICE; NORTHSIDE SUPPLY AND TRUSSES, INC.; UNKNOWN OCCUPANTS; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; ALL UNKNOWN CREDITORS, IF ANY, WITH INTEREST IN PROPERTY LOCATED AT: 930 HWY 6, WOODBINE, KY.; UNKNOWN HEIRS, DEVISEES AND LEGATEES OF THE ESTATE, IF ANY, OF DONNA K. MINTON; UNKNOWN SPOUSE OF DONNA K. MINTON; UNKNOWN SPOUSE OF SAVANNAH N. MINTON; AND UNKNOWN SPOUSES OF UNKNOWN HEIRS, DEVISEES AND LEGATEES OF THE ESTATE, IF ANY, OF DONNA K. MINTON, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jewell Philpot; James Otis Harp; Samantha Harp; Savannah N. Minton; Unknown Occupants; All Unknown Creditors, if any, with interest in Property located at: 930 Hwy 6, Woodbine, KY.; Unknown Heirs, Devisees and Legatees of the Estate, if any, of Donna K. Minton; Unknown Spouse of Donna K. Minton; Unknown Spouse of Savannah N. Minton; and Unknown Spouses of Unknown Heirs, Devisees and Legatees of the Estate, if any, of Donna K. Minton, plus costs, are as follows:

(1) The principal sum in the amount of $72,300.01 plus, accrued interest thereon at the rate of 10.80000% per annum from February 11, 2011, until the amount has been paid in full.

(2) Including a 1997 Oakwood Mobile Home Serial Number HONCO2231590AB 28’ X 60’, including accessories.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Beginning at a maple tree (the point of beginning) thence in an easterly direction with the right of way of Kentucky Highway 6 a distance of 90 feet to a concrete marker located on said right-of-way; thence north a distance of 470 feet to a dogwood located on the banks of Lynn Camp Creek; thence along said creek a distance of 75 feet to a maple (grantors former corner); thence with the creek to a big maple near the edge of Lynn Camp Creek where said creek meanders in western direction; thence from said big maple to the point of BEGINNING.

Being the same property Donna K. Minton obtained title to by deed dated 06-26-92 of record in MB 364 at Page 110 in the Office of the Whitley Co. Clerk.

Property Address:  930 Hwy 6, Woodbine, KY 40771.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 09-CI-00026

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. NANCY PAYTON, EARL MILLS, AMERICAN GENERAL FINANCE, INC., RESIDENTIAL FUNDING REAL ESTATE HOLDINGS, LLC (SUBSTITUTE FOR BANK ONE, NA), JAMES PRIDEMORE, WHITLEY COUNTY, KENTUCKY AND US BANK CUSTODIAN SASS MUNI V DTR,  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment, in rem, against the defendant, Nancy Payton, Default Judgment against defendant, Earl Mills, and Summary Judgment against the defendant, Whitley County, Kentucky, plus costs, are as follows:

(1) The principal sum in the amount of $2,594.82, plus accrued interest in the amount of $298.32 through November 30, 2010, plus accrued interest in the per diem amount of $0.45 from November 30, 2010 until paid, actual and reasonable attorney fees expended herein in the amount of $1,400.00, court costs and filing fees expended in the amount of $576.84, and the costs of sale to be expended herein.

(2) Default Judgment, in rem, against the defendants, American General Finance, Inc. and James Pridemore, to the extent that said defendants’ interests, if any exist, in and to the property described below are hereby extinguished.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING at a post in the south end of the upper (Jackson’s) culvert at the right of way of Kentucky Highway 26; thence in an east southeast direction 80 feet to a post; thence in an eastern direction with the ditch 423 feet a steel post; thence in a southern direction 200 feet to a steel post; thence in a western direction 390 feet with the McNeal Hollow Road to Kentucky 26; thence in a northern direction 278 feet with the highway to the BEGINNING.

Being the same property conveyed to Nancy Payton and Earl Mills by deed dated September 25, 2000, of record in Deed Book 423, Page 427, in the Whitley County Clerk’s Office.

Property Address:  6608 Hwy 26, Rockholds, KY 40759.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

1. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

2. The risk of loss for the subject property shall pass to the purchaser on the date of sale.  Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

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.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

PUBLIC NOTICE

A Petition to Close a County Road has been presented to the Whitley County Fiscal Court concerning .16 miles of Rail Road Avenue. Pursuant to KRS 178.070, the hearing for this road closure, open to all interested parties, is scheduled to convene on May 16, 2011 at 6:00 p.m. during the regular scheduled court meeting. A review of the map pertaining to the road closure is available for viewing at the Whitley County Judge Executive’s office during regular business hours.

Pat White, Jr., Whitley County Judge Executive

 

BID NOTICE:

The Whitley County Board of Education is now accepting sealed bids on various surplus items. These items can be viewed by contacting T.O. Elliott at 606-549-7090.

All sealed bids will be due at the Whitley County Board of Education office, 300 Main Street, Williamsburg, Kentucky by 10:00 A.M. on Wednesday, May 18, 2011. The Board reserves the right to accept or reject any or all bids.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0433

(1) In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Ky 40701 , has filed an application for a permit for a surface coal mining and reclamation operation affecting 98.15 acres located 0.5 miles north of Perkins in Whitley County, Kentucky.

 (2) The proposed operation is approximately 0.8 miles east from Maple Creek Road’s junction with Brown Creek Road.   The latitude is N 36°47’01.68”.  The longitude is W 84°03’37.63”.  The surface area is owned by David Boyd, Dee Woods Heirs, William and Edna Hill, Ray and Geneva Hill and Doris Ann Vanover.

(3) The proposed operation is located on the Rockholds U.S.G.S. 7 ½ minute quadrangle map.  The operation will use the contour and auger methods of mining.

 (4) The application has been filed for public inspection at the Department for Natural Resources, Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2010-2011, to include anticipated receipts increasing / decreasing from the General, Jail and Ambulance funds, in the amount of $52,281.00 and increasing / decreasing expenditures in the General, Jail and Ambulance funds in the amount of $52,281.00 will be held on 05/17/11 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting. A copy of the proposed 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

 

CITY OF WILLIAMSBURG, KENTUCKY ORDINANCE NO. 11-003

AMENDMENT OF ORDINANCE #03-006 ESTABLISHING RATES AND CHARGES FOR THE USE OF AND THE SERVICES RENDERED BY THE CITY OF WILLIAMSBURG WATER AND SEWER SYSTEM.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WILLIAMSBURG, KENTUCKY, that:

WHEREAS, the City of Williamsburg desires to establish county water rates set forth in Ordinance #99-010.

PART I: The above styled Ordinance is hereby amended as follows:

PART II: WATER RATES

First 2,000 Gallons $11.85 Minimum Bill

Next 3,000 Gallons $4.00 Per Thousand

Next 10,000 Gallons $3.50 Per Thousand

All over 15,000 Gallons $3.50 Per Thousand

PART III: SEWER RATES

First 2,000 Gallons $11.10 Minimum Bill

Next 3,000 Gallons $4.25 Per Thousand

Next 10,000 Gallons $3.90 Per Thousand

All over 15,000 Gallons $3.80 Per Thousand

PART IV: COUNTY SEWER RATES

First 2,000 Gallons $16.65 Minimum Bill

Next 3,000 Gallons $6.40 Per Thousand

Next 10,000 Gallons $5.85 Per Thousand

All over 15,000 Gallons $5.20 Per Thousand

PART V: COUNTY WATER RATES

First 0-2,000 Gallons $20.00 Minimum Bill

All over 2,000 Gallons $8.00 Per Thousand

PART VI: NOW THEREFORE, let it be ordained that all sections of this Ordinance in conflict with preceding Ordinances are hereby repealed.

Enacted this 11th day of April, 2011.

RODDY HARRISON, MAYOR

ATTEST: TERESA H. BLACK, CITY CLERK

First Reading: March 14, 2011

Second Reading: April 11, 2011

 

CITY OF WILLIAMSBURG ORDINANCE NO. 11-001

AN ORDINANCE AMENDING (THE SEWER USE ORDINANCE) DATED OCTOBER 10, 1990, ARTICLE VIII. POWER AND

AUTHORITY OF INSPECTORS

BE IT ORDAINED BY THE CITY OF WILLIAMSBURG. KENTUCKY, AS FOLLOWS:

Article VIII. Power and Authority of Inspectors

13.12.510 Right to enter premises. The superintendent and other duly authorized employees and representatives of the city and authorized representatives of applicable federal and state regulatory agencies bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharges to the public sewer system in accordance with the previsions of this chapter. The right to enter the premises is extended to and shall include those instances where repairs ordered by the City have been made and said entry shall be for the purpose of inspecting said repairs and shall include but not limited to, inspection observation, measurement, sampling repair and maintenance of any portions of the wastewater system. (Appendix C (Art. VIII(A) of an unnumbered ordinance dated October 10, 1990).

13.12.515 Liability of City for Damages.

A. The City shall not be liable for any damage to any customer of the sewer utility service furnished by the City due to backflow of the sewerage system, failure of supply, interruption of service or any other cause outside the direct control of the City. It is the customers’ responsibility to clear any blockage, maintain, repair, and or replace the lateral section of sewer line extending from the building to the city sewer. The City shall not be liable for any damage to any sewer customer due to sewage backflow resulting from blockage or damage to the lateral sewer line connecting the building to the main sewer line.

B. The water and sewer lines on city streets or easements which have been legally acquired by the City shall be maintained by the city water and sewer system All laterals extending from the city sewer to the property line or at the point where the house service is connected are the property of the sewer system and shall be maintained by and solely controlled by the city water and sewer system.

C. No persons(s) shall uncover, plug or make, any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining written permission from the superintendent.

D. All costs and expense incident to the installation and connection of the building sewer shall be borne by the customer. The user shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Connection to public sewers shall be made only by a plumber duly certified in writing. Fees for connection shall be as established by the city.

E. The building sewer may be brought into the building below the basement floor when gravity flow from the building to the sanitary sewer at a grade of one percent or more is possible. In cases where basement or floor levels are lower than the ground elevation at the point of connection to the sewer, adequate precautions, by installation of check valves or other backflow prevention devices to protect against flooding shall be provided by the user. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer at the expense of the owner.

This ordinance shall take effect after its passage and upon publication.

ENACTED this 14th day of March, 2011.

First Reading: February 14, 2011.

Second Reading: March 14, 2011.

RODDY HARRISON, MAYOR

ATTEST: TERESA H. BLACK, CITY CLERK

 

CITY OF WILLIAMSBURG, KENTUCKY ORDINANCE NO. 11-002

AN ORDINANCE AUTHORIZING THE USE OF GOLF CARTS ON CERTAIN

DESIGNATED CITY STREETS

WHEREAS, KRS 189.286 was recently enacted by the Kentucky General Assembly which authorizes the use of golf carts on certain city streets;

WHEREAS, KRS 189.286 authorizes the City to regulate the operation of a golf cart on any public roadway under its jurisdiction if the City adopts an ordinance specifying each roadway that is open for golf cart use; and

WHEREAS, the City Council deems it appropriate and necessary to formally adopt the provisions of KRS 189.286;

NOW THEREFORE BE IT ENACTED BY THE CITY OF WILLIAMSBURG CITY COUNCIL THAT NEW PROVISIONS BE ADDED TO THE WILLIAMSBURG CODE OF ORDINANCES AS FOLLOWS:

Section 1: As used in this Chapter, the term “Golf Cart” means any self-propelled vehicle that:

1. Is designed for the transportation of players or maintaining equipment on a golf course, while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a golf course;

2. Has a minimum of four (4) wheels;

3. Is designed to operate at a speed of not more than thirty-five (35) miles per hour;

4. Is designed to carry not more than six (6) persons, including the driver;

5. Has a maximum gross vehicle weight of two thousand five hundred (2,500) pounds;

6. Has a maximum rated payload capacity of one thousand two hundred (1,200) pounds; and

7. Meets the federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. sec. 571.500.

Section 2: In compliance with [Section Three], golf carts may be operated on only the City streets whose speed limits are twenty-five (25) miles per hour or less.

Section 3: In order to be operated on such designated city streets, a golf cart shall:

1. Must fill out application for a yearly permit/sticker for the golf cart by the City of Williamsburg at a cost of $10.00, which is paid at the City Utility Office and issued after proof of inspection. Subsequent renewals of the permit shall be due on or before July 1 of each year. There shall be no proration of the fee for any permit issued after July 1. Insurance and proof of inspection by a certified inspector shall be presented prior to issuance of an official permit/sticker;

2. Be inspected by a certified inspector designated by the Whitley County Sheriff’s Department and certified through the Department of Vehicle Regulation to ensure that the golf cart complies with the requirements of this section. The inspection fee under this paragraph shall be five dollars ($5.00) if the inspection occurs at the Whitley County Sheriff’s Department in the Courthouse or ten dollars ($10.00) per trip charged if it becomes necessary for the certified inspector to travel to the site of the golf cart rather than having the golf cart brought to the Court House, then bring application back to city hall to show proof of inspection;

3. Display the permit/sticker, which has to be affixed to the lower left windshield of the golf cart that identifies that the golf cart is allowed to be operated on specific roadways within the City;

4. The golf cart displays a slow-moving vehicle emblem in compliance with KRS 189.820;

5. Be insured in compliance with KRS 304.39-080 by the owner or operator, and the proof of insurance shall be inside the golf cart at all times of operation on a public roadway;

6. Be operated only between sunrise and sunset; and

7. Be operated by a person with a valid operator’s license in his or her possession.

8. All motorized golf carts must be complete with rear view mirrors, lights (including brake lights, head lights and turn signals), and brakes.

Section 4: Any person operating a golf cart on a public roadway under the provisions of this Chapter shall be subject to the traffic regulations of KRS Chapter 189 and any other applicable provisions of this Code of Ordinances pertaining to the operation of vehicles upon City streets.

Section 5: A golf cart operating on a public roadway is not considered a motor vehicle and is exempt from:

1. Title requirements of KRS 186.020;

2. Vehicle registration requirements of KRS 186.050;

3. Emissions compliance certificates pursuant to KRS 224.20-720; and

Section 6: The provisions of these sections shall not apply to a golf cart that is not used on a public roadway except to cross a roadway while following a golf cart path on a golf course.

Section 7: Penalty. Any person violating the provisions of this Ordinance shall, upon conviction of a first offense, be fined not less than $100.00 nor more than $250.00. Any person convicted of a subsequent violation of this Ordinance within two (2) years of a prior conviction, under this Ordinance, shall be fined not less than $250.00 nor more than $500.00

Section 8: This Ordinance shall take effect May 1, 2011.

This Ordinance shall take effect after its passage and upon publication.

First Reading: March 14, 2011

Second Reading: April 11, 2011

Enacted this 11th day of April, 2011

RODDY HARRISON, MAYOR

ATTEST: Teresa H. Black, City ClerK

 

PUBLIC HEARING

On April 21, 2011, Kentucky Utilities Company and Louisville Gas and Electric Company filed their 2011 Joint Integrated Resource Plan with

the Public Service Commission of Kentucky.  This filing includes a load forecast and resource plans of Kentucky Utilities Company and Louis-

ville Gas and Electric Company to meet future demand with an adequate and reliable supply of electricity at the lowest possible cost for

all customers within their service areas.

Any person interested in participating in the review of this Integrated Resource Plan should submit a motion to intervene in Case No. 2011-

00140 to: Jeff DeRouen, Executive Director, Kentucky Public Service Commission, 211 Sower Boulevard, Frankfort, Kentucky 40602-0615.

Kentucky Utilities Company Louisville Gas and Electric Company, 220 West Main Street, Louisville, Kentucky 40202