Legal Notices for 7/30/14, page 1

 

 NOTICE:

Pursuant to the settlement of the estate of Lola J. Rains of Emlyn, KY, the executor is seeking information regarding any outstanding obligations or debts pertaining to Mrs. Rains. Full original statement documentation is required and must be presented to the executor no later than August 15, 2014. Contact executor between 8:00 am and 5:00 pm at 513-272-8243.

 

PUBLIC NOTICE

The 2013 Audit of the Whitley County Tourism Board is available for public review, a copy of the Audit can be obtain free at http://www.whitleycountyfiscalcourt.com/tourismaudits.asp or review the document located in the Whitley County Treasurer’s Office at the Whitley County Courthouse, 200 Main Street, Williamsburg, KY 40769 between the hours of 8 am and 4 pm, Monday through Friday.

 

NOTICE:

Donna Kay DiMaggio, mailing address 205 S Main, Corbin, KY 40701 hereby declares intention(s) to apply for a NQ2 license no later than Aug. 15, 2014. The business to be licensed will be located at 205 S Main St., Corbin, Kentucky 40701 doing business as Basil’s Italian Restaurant.

The owner is as follows: Owner, Donna Kay DiMaggio of 1552 Eaton Fork Rd., Woodbine, KY 40771.

Any person, association, corporation, or body politic may protest the granting of the license(s) by writing the Dept. of Alcoholic Beverage Control, 1003 Twilight Trail, Frankfort, KY 40601-8400 within 30 days (KRS 243.430) of the date of this legal publication.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0471

In accordance with KRS 350.055, notice is hereby given that FrazierNantz, LLC. 541 Blakes Fork Rd. Williamsburg, Ky. 40769 has applied for a surface coal mining and reclamation operation affecting 39.64 surface acres located 0.1 miles west of Meadow Creek, and will underlie an additional 23.45 acres for a total of 63.09 permitted acres.

The proposed operation is approximately 0.2 miles west from Ky 1064 and Spring Town Road junction and 0.1 miles west of Meadow Creek.

The proposed permit is located on the Rockholds U.S.G.S. 7 1/2-minute quadrangle map. The operation will use the coutour and auger methods of surface mining. The surface and underground area is owned by Frank Van Zant of 1222 Springtown Rd. Rockholds, Ky. 40759 and Alma Wilson of 1670 Springtown Rd. Rockholds, Ky. 40759.

The application has been filed for public inspection at the Division of Mining Reclamation and Enforcement Middlesboro Regional Office, 1804 E. Cumberland Ave, Middlesboro, KY 40965. Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0447, Amendment No. 4

In accordance with KRS 350.070 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for an amendment to an existing surface coal mining and reclamation operation located 0.5 miles north of Perkins in Whitley County.  The amendment will add 189.17 acres of surface disturbance and 65.16 acres of auger area making a total area of 254.33 acres within the amended permit area. The total area of the permit is 632.87 acres.

The proposed amendment area is approximately 0.9 miles east from the Maple Creek Road (KY HWY 779) junction with Brown Creek Road and located 600 feet southeast of Phoebe Fork.

The proposed amendment is located on the Rockholds, KY 7½ minute quadrangle map.  The surface area to be disturbed by the amendment is owned by Roger Griffith, Johnnie Johnson, Eugene Burgan, Richard Cummings, Rondall Hubbs, Rosetta Fields, Bill Smith, Wilma Corbin, Samuel McFarland, Georgie Terrell, Rick Thornsberry, James Martin and Edwin Webb. The amendment will underlie land owned by Roger Griffith, Johnnie Johnson, Richard Cummings, Samuel McFarland, Wilma Corbin and Bill Smith. The operation will use the contour, area and auger methods of mining. The operation will affect an area within 100 feet of public road KY 779. The operation will not involve relocation or closure of the public road.

This is the final advertisement of the application. All comments, objections or requests for a permit conference must be received within thirty (30) days of today’s date. The amendment application has been filed for public inspection at the Department for Mining Reclamation and Enforcements, 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 of Blasting Schedule

Alden Resources, LLC, 322 W. Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701, and Telephone Number: (606) 523-9760, shall conduct blasting operations on its 109.8 acre surface mine permit, located 1.5 miles north of the community of Rockholds, Kentucky, in Whitley County, Kentucky.  The proposed operation is further located approximately seven-tenths (0.7) mile south of Johnny Hollow Road’s intersection with KY Hwy 26. The latitude is 36-50-56N; the longitude is: 84-07-14W.  The surface area on which blasting operations will be conducted is owned by Gatliff Coal Company and Gerald & Belva Goins.

Blasting Operations will begin August 2014.    Blasting will be conducted each day Monday through Saturday during daylight hours.  No blasting will be conducted after official sunset.  This schedule shall be in effect from August 2014,   until August 2015.

Unscheduled blasting may occur, if at the discretion of the Mine Foreman or Certified Blaster, an emergency situation arises from rain, lightening, or other atmospheric condition.  Unscheduled blasting may occur if other conditions arise that endanger employee and/or public health and safety.  Any major changes in the blasting schedule will be published. 

A pre-detonation warning will consist of a (1) one minute series of long siren blasts sounded (5) five minutes prior to the blast signal.  Blast Signal: A series of short siren blasts (1) minute prior to the detonation. An “All Clear Signal” will consist of a prolonged siren blast following the inspection of the blast area.  These signals (siren blasts) will be audible up to ½ mile from the blast site and will be distinctive from horns common to heavy equipment.  Blast signals will be done by utilizing a siren.  Access to the blasting area will be controlled by blocking all access roads at least 10 minutes before the detonation and afterwards until the foreman or certified blaster declares that safe conditions prevail.  Lick Fork Road will also be closed in accordance with these measures.

This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation and Enforcement Provisions and KRS 350.220 and the regulations relating thereto.  The MSHA ID Number is 15-19508.  The Kentucky DNR Permit Number is 918-0470.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0469

In accordance with KRS 350.055 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for a permit for a surface coal mining and reclamation operation affecting 261.13 acres located 0.67 miles southwest of Gausdale in Whitley County.

The proposed operation is approximately 0.36 miles north from KY Highway 11’s junction with KY Highway 92 and located 0.38 miles north of the confluence of Buffalo Creek with Poplar Creek.

The proposed operation is located on the Barbourville and Frakes, KY 7½ minute quadrangle map.  The operation will use the contour and auger method of surface mining.  The surface area is owned by Brenda Lambdin, Virginia Hansford, Stella Rice, Roy Lee Carr, Raymond Croley, Roscoe Croley, Daniel Rice, Donald Smith, Anna Ruth Senters, Lewis Helton and A.D. Lambdin.

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.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. II

CIVIL ACTION NO. 10-CI-00646

FORCHT BANK, NA, SUCCESSOR-IN-INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. CARL BENNETT and his wife, GAIL BENNETT; CHASITY FELTS, A/K/A CHASITY BENNETT; 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 June 13, 2011, and subsequent Orders entered June 17, 2012 and November 21, 2013; and Orders entered in Bankruptcy Case#14-60166- entered Doc#52 entered 06-27-14 and Doc#60 entered 07-25-14, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 18, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Summary Judgment against the defendants, Carl Bennett and Chasity Felts a/k/a Chasity Bennett, plus costs is as follows:

(1) The principal sum in the amount of $23,968.69 as of May 31, 2011, plus interest at the rate of 8.5% per annum until paid in full.

(2) There is also included herein a 2009 Mans 14 X 70 Mobile Home, Vin No. M-O-354461, Serial No. 031681180006.

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

BEGINNING on an iron pipe on the bank of the Craig Road; thence S 7.45’ W 200 feet to an iron pipe; thence N 82.15’ W 210 feet to an iron pipe; thence N 7.45’ E 308.67 feet to an iron pipe on bank of the Craig Road; thence with the said road S 50.52’ E 104.01 feet to an iron pipe and continuing with said road S 54.07’ E 83.07 feet; S 64.29’ E 50.32 feet to the BEGINNING.

Being the same property conveyed to Mortgagor by deed from Robert Gibson and his wife, Etta Gibson, dated May 19, 1978, recorded in Deed Book 274, Page 397 of the Whitley County Court Clerk’s Office.

Said property address is: 153 Gibson Lane, Williamsburg, Kentucky 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 (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% per annum from the date of sale until paid.  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, for a sum less than its Judgment, then, they shall only be required to pay the costs and expenses of the Commissioner’s Sale, 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 29th day of July, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; PHONE:606-528-0616                                               

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT – DIVISION NO. I

CIVIL ACTION NO. 13-CI-00784

VANDERBILT MORTAGE AND FINANCE, INC, PLAINTIFF. vs. ROGER KINNE a/k/a ROGER B. KINNE; JOYCE KINNE; TAX EASE LIEN SERVICING, LLC; and COUNTY OF WHITLEY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 2, 2014, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, August 18, 2014, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Roger Kinne a/k/a Roger B. Kinne and Joyce Kinne, jointly and severally, plus costs is as follows:

(1) The principal sum of $66,925.03, plus interest through 04-16-14 in the sum of $5,785.35, plus late charges in the sum of $55.00, plus escrow in the sum of $321.24, plus advancements for the protection of the property in the sum of $5,738.30, plus attorney’s fees paid through 04-16-14 in the sum of $1,363.00, plus Court costs and service fees in the sum of $827.77, for a subtotal in sum of $81,015.69 minus the sum of $621.12 for unapplied credit for a total of $80,394.57 for the amount of $80,394.57, together with interest at the rate of 9.00% per annum from April 16, 2014, until entry of Judgment and thereafter at the judgment rate of 12.00% per annum, until paid, plus Plaintiff’s costs expended herein and any sums expended by Plaintiff for insurance, ad valorem taxes and for preservation of real estate until date of sale, and attorney fees incurred after April 16, 2014.

(2) Also included in the sale is a 2005 Clayton mobile home, VIN CLH030334TNAB.

The property is located at 2099 Black Oak Road, Williamsburg, KY 40769, and more particularly described as follows:

A tract of land located on the waters of Proctor Hollow of Indian Creek, on Black Oak Road in Whitley County, Kentucky, and being more particularly described as follows:

TRACT 1

Beginning on an IPC in the North right of way of Black Oak Road, a corner to Tony J. Stanfill (D.B. 290, Pg. 491);  thence leaving Stanfill and running with the right of way;

North 50º38’50” East 19.18 feet;

North 64º36’35” East 27.82 feet to an IPC in the East edge of a driveway, a corner to Cora Madeline Jones (D.B. 401, Pg. 146);  thence with the line of the same and the edge of the driveway;

North 34º22’11” West 45.69 feet; North 08º11’22” West 32.98 feet; North 01º26’15” East 54.87 feet; North 02º40’11” West 36.06 feet; North 07º40’18” West 44.47 feet; North 10º37’34” West 49.09 feet; North 04º12’16” West 21.60 feet;

North 10º28’33” East 27.12 feet; North 22º13’46” East 24.36 feet; North 28º21’13” East 29.93 feet; North 43º00’01” East 28.24 feet; North 60º47’53” East 35.76 feet;

North 72º33’35” East 45.39 feet; North 76º19’45” East 53.75 feet; North 80º14’21” East 45.69 feet;

North 70º32’02” East 22.55 feet to an IPC on the South Edge of the driveway; thence leaving the driveway:

North 71º07’14” East 97.00 feet to a found four prong black oak, witnessed by an IPC that bears S 71º07’14” W 3.00’, also a corner to Tract 2;  thence one line with Tract 2;

North 46º09’43” West 226.07 feet to a fence corner post, witnessed by an IPC that bears N 48º33’31” E 1.00’, also a corner to Charles Stanfill (D.B. 356, Pg, 393);  thence with Charles Stanfill;

North 48º24’22” West 91.24 feet; North 48º21’32” West 66.26 feet; North 45º16’38” West 49.90 feet; North 42º05’00” West 45.19 feet; North 38º18’45” West 80.32 feet; North 38º02’11” West 45.97 feet to a found 5/8” rebar, also a corner to Tony J. Stanfill (D.B. 290, Pg, 491);  thence leaving the fence and running with Tony Stanfill, crossing a spur ridge;

South 05º50’14” East 622.64 feet to a found 5/8” rebar; South 07º00’23” East 297.67 feet to the beginning, containing 2.54 acres, more or less.

IPC as used in this description refers to an 18” x 5/8” steel rebar with a red plastic cap stamped “F.W. Hamilton PLS 2736”.  The meridian referenced hereon refers to the magnetic meridian of October 2005.

Being all of Deed Book 312 pages 155 through 156 as recorded in the Whitley County Clerk’s Office.

TRACT 2

Beginning on a found four prong black oak, witnessed by an IPC that bears S 71º07’14” W 3.00’, also a corner to Tract 1 and to Cora Madeline Jones (D.B. 401, Pg. 146);  thence with Jones;

North 89º09’17” East 239.09 feet to a found 20” white oak on the west bank of the branch; North 89º09’17” East 4.68 feet to a point in the center of the branch witnessed by an IPC that bears S 89º09’17” West 9.68’, also a corner to Charles Thaler (D.B. 268, Pg. 259); thence up the branch with Thaler;

North 03º29’43” East 25.21 feet; North 32º28’51” East 27.77 feet; North 32º04’45” West 34.49 feet; North 04º38’53” East 31.56 feet; North 10º11’50” West 19.25 feet to a point in the center of the branch witnessed by an IPC that bears N 83º46’29” W 8.30’, also a corner to Charles and Helen Stanfill (D.B. 356, Pg. 393);  thence leaving the branch and running with Stanfill and a wire fence;

North 83º46’29” West 53.93 feet; North 73º00’55” West 41.82 feet; North 67º20’27” West 123.29 feet; North 63º22’08” West 107.41 feet to a fence corner post, witnessed by an IPC that bears S 48º33’31” W 1.00’; South 48º33’31” West 134.33 to a fence corner post, witnessed by an IPC that bears N 48º33’31” E 1.00’, also a corner to Tract 1;  thence with Tract 1;

South 46º09’43” East 226.07 feet to the beginning, containing 1.42 acres, more or less.

IPC as used in this description refers to an 18” x 5/8” steel rebar with a red plastic cap stamped “F.W. Hamilton PLS 2736”.  The meridian referenced hereon refers to the magnetic meridian of October 2005.

Being all of Deed Book 312 pages 157 through 159 as recorded in the Whitley County Clerk’s Office.

All according to a survey by Forrester Hamilton, Kentucky Licensed Professional Land Surveyor No. 2736, on October 25, 2005.

The total area conveyed is 3.96 acres.

BEING the same property conveyed to Roger Kinne and wife, Joyce Kinne, from Lloyd Stanfill and wife, Rosa Stanfill, by Deed dated November 25, 1985, filed of record on December 9, 1985, in Deed Book 312, Page 157, in the Office of the Whitley County Court Clerk.

Map #117-00-00-007.00

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% per annum from the date of sale until paid.  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, they shall only be required to pay costs and expenses of the sale and they may take a credit upon its judgment, and no down 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 six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).

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

Dated this 29th day of July, 2014.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702 PHONE:606-528-0616

 

Advertisement for Bids

Waterpark RV Campground

City of Williamsburg, Kentucky

Separate Sealed BIDS for the construction of the Waterpark RV Campground will be received by the City of Williamsburg at Williamsburg City Hall, 423 Main Street, Williamsburg, KY 40769 until 2:00 PM (local time), Wednesday, August 13, 2014, and then publicly opened and read aloud.

The project consists of approximately 1,100 LF of 3” PVC waterline, 360 LF of 3/4” water service tubing, 17 ea. frost proof yard hydrants, 1 ea. connection to existing transformer, 1,800 LF electric supply and service lines, 17 ea. metered 50/30/20 Amp pedestals, 1,200 LF of 8” PVC gravity sewer, 600 LF of 6” PVC sewer laterals, 7 EA 48” diameter Precast Manholes, 150 LF 12” and 14” encasement pipe, 100 LF 15” CMP drainage pipe, 600 LF 24’ access roadway, 1350 LF 12’ RV parking driveways, 17 ea 10’x10’ concrete patio pads, 17 ea. sewer connections, tie-ins to existing lines and services, appurtenances associated with water and sewer construction, pavement repairs, testing and disinfection, and landscaping restoration and seeding.

The CONTRACT DOCUMENTS may be examined at the following locations:

Williamsburg City Hall, 423 Main Street, Williamsburg, KY 40769

Kenvirons, Inc., 452 Versailles Road, Frankfort, KY 40601

Copies of the CONTRACT DOCUMENTS may be obtained from Lynn Imaging, 328 Old Vine Street, Lexington, KY 40507 (859-226-5850) and www.lynnimaging.com upon payment of a non-refundable price of $150.00 for each set plus any shipping charges.

Each Bidder must accompany his bid with a Bid Bond in amount of not less than five (5) percent of the base bid. No Bidder may withdraw his bid for a period of ninety (90) days. The Bidder awarded the contract shall execute a 100% Performance Bond and a 100% Payment Bond and shall furnish insurance as required, in the General Conditions. This contract shall be substantially completed within 60 calendar days, and fully completed within 75 calendar days after date of authorization to start work. Liquidated damages will be $650 per calendar day.

Prospective bidders are encouraged to direct questions to Phil Meador, P.E., at Kenvirons, Inc. (502-695-4357).

Bidders must comply with the President’s Executive Order Nos. 11246 and 11375, which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must comply with Section 3, Section 109, Title VI of the Civil Rights Act of 1964, the Anti-Kickback Act and the contract Work Hours Standard Act. Bidders must certify that they do not, and will not, maintain or provide for their employees any facilities that are segregated on a basis of race, color, creed, or national origin.

Any bid that is obviously unbalanced may be rejected. The City of Williamsburg reserves the right to reject any and all bids and waive informalities.

Small, minority and women’s businesses and labor surplus area firms are encouraged to bid this project.

City of Williamsburg – By: Honorable Roddy Harrison, Mayor