Legal Notices for 8/13/14, page 1

 

 TO: UNKNOWN HEIRS OF JOHN LAMBDIN, DECEASED & THEIR UNKNOWN SPOUSES, IF ANY;

AND

TO: UNKNOWN HEIRS OF MARTHA LAMBDIN, DECEASED & UNKNOWN SPOUSES, IF ANY

I have been appointed to notify you of the nature and pendency of Civil Action No. 2014-CI-00254, now pending in the Whitley Circuit Court. Therein, Mountainside Coal alleges that it has obtained an interest in certain real properties, and is requesting, among other relief, that the Court determine and declare the respective ownership interests in the properties. You may own an interest in some property involved, or you may otherwise have some interest at stake in this litigation. Your written response thereto must be filed with the Clerk of the Whitley Circuit Court, Whitley County Judicial Center, Williamsburg, Kentucky, not later than fifty (50) days after the date of July 15, 2014. If you do not file a response, a judgment may still be entered. You are responsible for making arrangements to file a response. You must secure your own legal representation. Please contact an attorney of your choice immediately. I have attempted to summarize the circumstances of this case for you. This ad does not inform you of all the facts or potential outcomes of the case. For more information, contact my office. Lauren Reynolds Howard, Attorney, 225 N. 3rd St. Williamsburg, KY 40769 Telephone: (606) 549-2233

 

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.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0472

In accordance with KRS 350.055, notice is hereby given that Alden Resources, LLC of 332 W. Cumberland Gap Parkway, Corbin, KY 40701, has applied for a permit for a surface contour and auger/highwall mining coal mining and reclamation operation located approximately 0.6 miles east of Rockholds in Whitley County. The operation will disturb 179.46 surface acres and will underlie an additional 244.94 acres, making a total area of 424.40 acres within the permit boundary.

The proposed operation is approximately 0.6 miles northeast of the junction of KY Route 511 and Ky Route 26 and located approximately 0.6 miles northeast of Colonel Hollow streams confluence with Watts Creek.  The latitude is 36°50’20” and the longitude is 84°05’21”.

The proposed operation is located on the Rockholds 7 1/2 min. quadrangle map.  The surface to be disturbed is owned by Gatliff Coal Co., Inc., Conley and David Manning, and Darrell and Joanne Ball.  The auger and highwall mining will underlie land owned by Gatliff Coal Co., Inc.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional office at 1804 East Cumberland Avenue, Middlesboro, KY 40965.  Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, No.2 Hudson Hollow, U.S. 127 South, Frankfort, KY 40601.

 

Notice of Intention to Mine

Pursuant to Application Number 918-5197, Amendment #1

In accordance with KRS 350.070, notice is hereby given that Alden Resources LLC; 332 W. Cumberland Gap Pkwy., Suite 100; Corbin, Kentucky 40701 has applied for an amendment to an existing surface coal and underground coal mining and reclamation operation. The amendment will add 40.4 surface acres and will underlie an additional 71 acres, making a total permit area of 853.3 acres within the amended permit boundary.

The proposed amendment area is located approximately 1.5 miles Southwest of Lick Fork Road’s intersection with KY Hwy 92, and approximately 0.9 miles west of Poplar Creek in Whitley County, Kentucky.  The operation is further located 1.5 miles southwest of the community of Carpenter, Kentucky. 

The proposed amendment is located on the Frakes and Saxton U.S.G.S. 7½ minute quadrangle maps. The amendment operation will use the Contour and Auger methods of mining. The surface area to be disturbed is owned by Three C Land Company, LLC, Mattie Davis and James & Charlotte Monhollen.  The operation will underlie land owned by TKY Acquisitions, LLC, Three C Land Company, LLC, Mattie Davis, Johnny & Flora Patterson and James & Charlotte Monhollen.  The operation will not affect an area within 100 feet of Lick Fork Road.  The operation will not involve the relocation or temporary closure of Lick Fork Road.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s 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 Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

PUBLIC HEARING

The Williamsburg Independent Board of Education will hold a public hearing in the Auditorium at 1000 Main Street on August 27, 2014 at 6:00 P.M. to hear public comments regarding a proposed general fund tax levy of 44.6 cents on real property and 44.6 cents on personal property.

The General Fund tax levied in fiscal year 2014 was 43.3 cents on real property and 43.3 cents on personal property and produced revenue of $667,053.07. The proposed General Fund tax rate of 44.6 cents on real property and 44.6 cents on personal property is expected to produce $690,665.30. Of this amount $90,462.92 is from new and personal property. The compensating tax for 2015 is 42.8 cents on real property and 43 cents on personal property and is expected to produce $664,684.44.

The general areas to which revenue of $23,612.23 above 2014 revenue is to be allocated are as follows: Cost of collections, $0; building fund, $0; instruction, $23,612.23; transportation, $0; and maintenance of plant, $0.

The General Assembly has required publication of this advertisement and information contained herein.

 

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  

 

 

 

NOTICE TO

WHITLEY COUNTY TAXPAYERS

 

Kay Schwartz, Whitley County Clerk, pursuant to KRS 424.130, and the Whitley County Fiscal Court, announces that the 2013 Delinquent Real Property Tax Bills (Certificates of Delinquency) will be published in the News Journal Newspaper on August 20, 2014.

 

The list of Certificates of Delinquency is also available for public inspection during the hours of 7:30 am – 6:00 pm on Mondays and 7:30 am – 4:30 pm Tuesdays through Fridays, at the County Clerk’s office located at 200 Main St. (Courthouse) Room 2, Williamsburg, KY. This list may also be inspected on the Software Management, LLC website at kydtax.smllc.us.

 

The tax sale will be held on September 23, 2014 beginning at 9:00 am. All interested participants must register with the County Clerk’s office by the close of business on September 12, 2014.

 

Please contact the County Clerk’s office if you need additional information about the tax sale registration process. Taxpayers can continue to pay their delinquent tax bills to the County Clerk’s office anytime prior to the tax sale. Some delinquencies – although they have been advertised – will be excluded from the tax sale in accordance with the provisions of KRS 134.504(10)(b).

 

The following methods of payment will be accepted by the Clerk’s office from third party purchasers: Cash, Check, Debit/Credit Cards. If you have any questions, please do not hesitate to contact the County Clerk’s office at 606-549-6002.

 

ADVERTISEMENT FOR BIDS

Sealed bids for the public housing Modernization Project KY36P031-501(14) will be received by The Housing Authority of Williamsburg, Williamsburg, Kentucky on August 27, 2014, at 11:00 a.m. (local time), and then at said office pubicly opened and read aloud.

The project consists of:

Flooring, Lighting, Interior Doors & Hardware, Kitchen Cabinets, Bathroom Upgrades, Drywall Repair & Painting

The Information for Bidders, Form of Bid, Form of Contract, Drawings, Specifications and other contract documents may be examined at the following locations:

C S Design, Inc.     

1088 Wellington Way       

Lexington, Kentucky 40513        

 

The Housing Authority of Williamsburg

600 Brush Arbor Apts

Williamsburg, Kentucky 40769

 

Additional information is provided in the bidding documents. Copies of the bidding documents must be purchased at the following location to be eligible to submit a bid for this project.

Lynn Imaging

328 Old Vine Street

Lexington, Kentucky 40507

Telephone: (859) 255-1021

Attention: Plan Distribution Department

www.lynnimaging.com

A Pre-Bid Conference will be held on August 19, 2014, at 11:00 a.m. (local time) at the Housing Authority’s main office for purposes of answering Bidders’ questions and to consider any suggestions.

The Housing Authority of Williamsburg

By: James Lovitt, Executive Director

 

 

NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky issued an order on August 7, 2014, scheduling a hearing to begin on September 3, 2014, at 10:00 a.m., Eastern Daylight Time, in Hearing Room 1 of the Commission’s offices located at 211 Sower Boulevard in Frankfort, Kentucky, and continuing until completed, for the purpose of cross-examining witnesses in Case No. 2014-00003, which is the Joint Application of Louisville Gas and Electric Company and Kentucky Utilities Company for Review, Modification, and Continuation of Existing, and Addition of New, Demand-Side Management and Energy Efficiency Programs.

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