Legal Notices for 9/28/2011, page 2

 

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

Said property address is: 1890 Alsile Road, Williamsburg, Kentucky 40769.

BEGINNING at a stake set on the east right of way of Alisle Road; about 200 feet south of the house; thence S 56 E 1265 feet to a corner of the Cumberland College land; thence N 36.38 E 212.5 feet to a stake; thence N 43 W 1330 feet, leaving the college line to a stake on the east side of Alisle Road; thence with the road as it meanders 500 feet to the BEGINNING.

Being the same property conveyed to Lee Edward Smith, by the Heirs of Edward Smith and Florence Smith, husband and wife, Mary S. Houchins and Herbert Houchins, wife and husband, and Charles W. Smith and Mattie Smith, husband and wife, by Deed dated September 2, 1974, recorded in Deed Book 266, Page 189, Whitley County Court Clerk’s Office.

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 percent (1/3rd) 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 of the property, then, and in that event, no down payment shall be required and no bond shall be executed by them, and they shall be entitled to take a credit against the purchase price to the full extent of Plaintiff’s liens and costs and expenses, including attorney’s fees awarded in the judgment dated August 1, 2011.  Should the sale not bring sufficient proceeds to pay all delinquent ad valorem tax liens in full satisfaction, Plaintiff shall be entitled to take credit against the purchase price in the amount of the Plaintiff’s pro rata share of the sale proceeds.

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.

d. Any applicable zoning regulations.

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 13th day of September, 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-00209

CUMBERLAND VALLEY NATIONAL BANK AND TRUST COMPANY, PLAINTIFF, VS. VIRGIL CAMPBELL AND DONNA CAMPBELL, 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, October 3, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jeffrey Virgil Campbell and Donna Campbell, plus costs, is as follows:

(1) The principal sum in the amount of $10,595.42 together with interest as of April 4, 2011, in the amount of $295.99, secondary interest that has accrued thereon as of April 4, 2011, in the amount of $1,455.90, and interest continuing to accrue thereafter at the rate of 8.48% per until fully paid, plus late fees in the amount of $756.58.

The property to be sold is as follows:

Located in Whitley County, Kentucky:

Said Property Located At: 1065 Amos Falls Road, Williamsburg, KY 40769.

BEING all of the same property which borrower, Virgil Campbell and Donna Campbell, Husband and Wife, acquired from, Ann Arbor Financial Services, Inc., deed of conveyance dated the 18th day of September, 2000, and of record in Deed Book 421, Page 524, records of the Whitley County Court Clerk’s Office, and which property is more particularly described as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky and being a portion of the same land conveyed to Grantor by Andrea Suzzette Canada and husband, Jerry Canada, by deed dated July 26, 1999, which is duly recorded in Deed Book 410, page 648, Whitley County Court Clerk’s Office. Being Lot No. 1 and Lot No. 2 of the Amos Falls Subdivision as shown on Plat by Gary R. Owens, RLS, dated September 26, 1992 and recorded in Map Book 54, Page 155, slide 351 and bounded and described as follows, viz:

LOT NO.1: BEGINNING on a survey marker in the north line of Craig Road, said marker being the southeast corner of the Elbert Prewitt Heirs tract; thence with said road the following calls: N 85 deg. 47 min. 25 sec. E, 11.96 feet to a point; thence S 88 deg. 32 min. 30 sec. E, 138.27 feet to a point; thence S 84 deg. 30 min. 49 sec. E, 72.74 feet to a survey marker in the easterly line of U.S.F.S. Forest Service Road No. 4252 (Amos Falls Road); thence leaving Craig Road and running with the easterly line of said Forest Service Road the following calls: N 40 deg. 23 min. 59 sec. E, 22.89 feet to survey marker; thence N 14 deg. 41 min. 13 sec. W, 67.86 feet to appoint; thence N 40 deg. 06 min. 05 sec. W, 38.41 feet to appoint; thence N 48 deg. 46 min. 26 sec. W, 104.24 feet to a point; thence N 43 deg. 17 min. 23 sec. W, 25.99 feet to a point at the southeast corner of Lot No. 2; hence leaving U.S.F.S. Road No. 4252 (Amos Falls Road) and running with the southerly line of Lot No. 2, S 65 deg. 59 min. 59 sec. W, 195.53 feet to  appoint at the southwesterly corner of Lot No. 2, and in the easterly line of the Elbert Prewitt Heirs tract; thence with the Prewitt Heirs line S 35 deg. 35 min. 17 sec. E, 136.42 feet to the point of beginning containing a calculated area of 0.917 acres as per survey and plat dated September 26, 1992, by Gary R. Owens, R.L.S.

LOT NO.2:  BEGINNING on a survey marker in the intersection of the easterly line of U.S.F.S. Road 4252 (Amos Falls Road) and the southerly line of a 40’ roadway and running thence with said 40” roadway S 87 deg. 43 min. 23 sec. W, 212.23 feet to a survey marker in the easterly line of the Elbert Prewitt Heirs tract; thence with the Prewitt Heirs line S 35 deg. 35 min. 17 sec. E, 341.12 feet to a point at the northwest corner of Lot No. 1; thence with the northerly line of Lot No. 1, N 65 deg. 59 min. 59 sec. E, 195.53 feet to a point in the easterly line of U.S.F.S. Road 4252 (Amos Falls Road); thence with the easterly line of said road the following calls: N 43 deg. 17 min. 23 sec. W, 106.00 feet to a point; thence N 38 deg. 00 min. 05 sec. W, 11.32 feet to a point; thence N 29 deg. 55 min. 54 sec. W, 47.80 feet to the point of BEGINNING containing a calculated area of 1.268 acres as per survey and plat dated September 26, 1992, by Gary R. Owens, R.L.S.

The above property is subject to an oil and gas reservation as set forth in the prior deed.

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%) of the purchase price down with the balance in 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, and in that event, no payment shall be required and no bond shall be executed by them if the amount of the Plaintiff’s Judgment equals or exceeds its bid.

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 13th day of September, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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

 

NOTICE OF INTENTION TO MINE

Pursuant to Application 918-0429

In accordance with the provisions of KRS 350.055, notice is hereby given that Mountainside Coal Company, Inc., 7692 South Highway 25W, Williamsburg, KY 40769, has applied for a permit for a surface and auger coal mining operation located approximately 2.5 miles west of the community of Jellico Creek in McCreary and Whitley Counties. The proposed operation will disturb 285.40 surface acres and underlie an additional 115.93 acres. The total area within the permit boundary will be 401.33 acres.

The proposed operation is approximately 0.15 mile northeast and 0.15 mile south of KY Route 1673’s junction with KY Route 92, and 0.1 mile south and 0.1 north of Pleasant Run of Jellico Creek.

The proposed operation is located on the Hollyhill U.S.G.S. 7 ½ minute quadrangle maps. The operation will use the contour and auger methods of surface mining. The surface area to be disturbed is owned by George & Daisy Caddell, Bobby & Freda Mays, Donnie Patrick, Donald B. Patrick, Ronnie Patrick, Thomas & Inez Troxel, Paul & Delores Rowe, Keith Rowe, and White Lumber Sales, LLC. The operation will affect an area within 100 feet of KY Route 1673. The operation will not involve relocation of the public road.

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

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 861-5342, Renewal

In accordance with the provisions of KRS 350.055, notice is hereby given that Mountainside Coal Co., Inc., 7692 S. Hwy. 25-W, Williamsburg, Kentucky  40769, has applied for renewal of an existing coal mining and reclamation, coal processing operation located 0.25 mile north of the community of Rain, Kentucky, in Knox County.  The operation will disturb 25.3 acres of surface disturbance and will underlie an additional  304.6 acres.  

The proposed renewal is located approximately 0.25 mile north of KY Route 1809’s junction with Goldens Creek Road and located 0.01 mile west of Davis Branch.

The operation is located on the Frakes U.S.G.S. 7 2 minute quadrangle map. The surface area to be affected is owned by David Gray, Tommy Gambrel, Carley Bennett and Girdner Properties, LLC., and will underlie land owned by David Gray, Tommy Gambrel, Carley Bennett and Girdner Properties, LLC.    

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

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance relating to the reapportionment of the Whitley County Magisterial Districts superseding Ordinance 2001-09 will be held on 10/18/11 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 

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance pertaining to regulating the business of Pawnbrokers, and businesses which purchase personal property for the purpose of reselling or exchanging the property will be held on 10/18/11 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

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2011-2012, to include unanticipated receipts increasing / decreasing from the General, Road, Jail and 911funds, in the amount of $ 374,854.00 and increasing / decreasing expenditures in the General, Road, Jail and 911 funds in the amount of $ 374,854.00 will be held on 10/18/11 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

 

ADVERTISMENT FOR BID

The Whitley County Fiscal Court has declared surplus property and has the need to bid for purchase/removal of 15 wrecked/junked vehicles which include 3 Ambulances, 6 Crown Victoria’s, and 6 Road Department vehicles.  We are soliciting sealed bids for said purchase and removal.  High bidder will have 10 business days to remove vehicles upon the awarding of the bid. 

Potential bidders can view said vehicles at the County Road Department during normal business hours, 7 a.m. – 3:30 p.m., Monday through Friday.

Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.445 are absolutely prohibited.

Whitley County reserves the right to waive any informality and may reject any and all bids.  Whitley County reserves the right to award bid based upon availability, service, and in the best interest of the public safety for the citizens of the County.  Whitley County is an Equal Opportunity Employer.

Bids must be sealed and mailed/brought to the Whitley County Judge Executive’s office prior to bid opening and no later than 2:00 p.m. on Monday, October 17, 2011.  All bids must be marked “Vehicle Bid”.  Bids will be opened at 2:00 p.m. in the Whitley County Fiscal Court Room on Monday, October 17, 2011.  The bid will be awarded at the regular scheduled meeting of the Whitley County Fiscal Court on Tuesday, October 18, 2011 at 6 p.m. in the Whitley County Fiscal Court Room.

Point of contact will be Truman Prewitt, Road Supervisor, (606)549-6016 or wpowers@2geton.net.  A listing of each vehicle identification number can obtained from Lisa Gray by calling (606) 549-6000 or emailing mgray@2geton.net.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0408, Amendment #2

In accordance with KRS 350.070, notice is hereby given that Monties Resources, LLC, 4184 S. Hwy 25W, Williamsburg, KY 40769 has applied for an amendment to an existing surface coal mining and reclamation operation located 4 miles south of Corbin in Whitley County.  The amendment will add 7.97 acres of surface disturbance and will underlie an additional 7.63 acres making a total area of 205.67 acres within the amended permit boundary.

The proposed amendment area is approximately 0.4 miles south from Steel Hollow Road’s junction with Corn Creek Road and located 0.1 miles east of Corn Creek. 

The proposed amendment is located on the Corbin and Rockholds U.S.G.S. 7 ½-minute quadrangle map. The surface area to be disturbed by the amendment is owned by Monties Resources, LLC. The amendment will underlie land owned by Monties Resources, LLC. The operation will use the contour and auger methods of surface mining.  The operation will affect an area within 100 feet of Steel Hollow Road. The operation will not involve relocation or closure of the public road.

The amendment 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.

 

ADVERTISEMENT FOR BIDS

Separate sealed Bids will be received by Whitley County Board of Education at the Finance Office of the Whitley County Schools, 300 Main Street, Williamsburg, KY 40769 until 10:00 a.m. on Thursday, October 13, 2011 and then at said office publicly opened and read aloud.

Contract 1: Whitley East Elementary School – On-site Wastewater Disposal System, revisions, and modification of the current Wastewater Treatment Facility discharge line to redirect flow to the on-site system.  Submittal to and obtain approval and a permit from the Whitley County Health Department for proposed system.

The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the Whitley County Board of Education, 300 Main Street, Williamsburg, KY.

Any bidder interested in submitting a bid may obtain a package from Leigh Burke, CFO; Whitley County Schools; 300 Main Street, Williamsburg, KY 40769.

A mandatory Pre-Bid Meeting will be held on Thursday, October 6, 2011.  It will convene at 10:00 a.m. in the parking lot at the Cafeteria entrance.

Contractors must submit their bid in an opaque sealed envelope, marked “SEALED BID FOR Whitley East Elementary School On-Site System” and showing the Contract number, name and address of the Bidder and accompanied by the bid security and other required documents.  If forwarded by mail, the sealed envelope must be addressed to Scott Paul, Superintendent, Whitley County Board of Education, 300 Main St., Williamsburg, KY 40769.

Bidders must comply with Title VI of the Civil Rights Act of 1964, the Anti-Kickback Act, and the Contract Work Hours Standard Act.

State prevailing wage rates will not apply to this project.

Bids shall be accompanied by a certified check or bid bond made payable to the Whitley County Board of Education in an amount not less than 5 percent of the base bid.  No bidder may withdraw his bid for a period of 90 days after the date bids are opened.  He may, however, withdraw his bid at any time prior to the time and date scheduled for opening of same or any authorized postponement thereof.  Any bid received after the time and date specified shall not be considered and will be returned unopened to the bidder.

Award will be made to the lowest, responsive, responsible bidder.  Whitley County Board of Education may consider informal any bid not prepared and submitted in accordance with the provisions of this advertisement and/or the specifications and may waive any informalities or reject any and all bids.

Scott Paul, Superintendent

 

REPORT OF UNCLAIMED PARI-MUTUEL TICKETS

Report of Unclaimed Pari-mutuel Tickets, in compliance with KRS 230.361(3)

I, Shana D. Watson, Controller of Kentucky Off-Track Betting located in Corbin, Kentucky, report as of July 1, 2011 that we are holding $22,359.92 in unclaimed winning pari-mutuel tickets one (1) year old or older.

COMMONWEALTH OF KENTUCKY, County of Whitley, the affiant being duly sworn or affirmed according to law states that the forgoing report is accurate to the best of his/her knowledge.

Sworn or affirmed to and subscribed before me this 30th day of August, 2011.

LAURA S. PREWITT, Notary – My commission expires: Sept 2012.

Anyone holding such unclaimed winning tickets may redeem same prior to November 1, 2011 at the office of Kentucky Off-Track Betting, 57 Summit Dr., Corbin, KY 40701.

At which time the remaining balance will be forwarded to:

Kentucky Horse Racing Commission, 4063 Ironworks Pkwy., Lexington, KY 40511.    

COUNTY SHERIFF:

I, Colan Harrell, Sheriff of Whitley County, Kentucky do hereby certify that the above notice has been posted at the county courthouse for twenty (20) consecutive days from 09/27/2011 to 10/28/2011, and a notice published in the News Journal on 09/28/2011 and 10/5/2011 in accordance with KRS 230.362.

 

INVITATION TO LEASE OFFICE SPACE

The Finance and Administration Cabinet desires to lease approximately 2,079 square feet of office space with 11 reserved parking spaces to be located in Williamsburg.

Interested parties may submit proposals to lease existing properties and/or proposals to construct new facilities. The initial proposal must include the name, address, and telephone number of the property owner; the name, address, and telephone number of the property agent if applicable; the street address of existing properties; and the street address or a location description for sites offered for new construction. Any property selected for lease must meet OSHA specifications as well as ADA guidelines and all applicable building codes as enforced by the Division of Building Codes Enforcement. Notwithstanding the provisions of KRS 56.803, a preference may be provided to proposals offering properties that are capable of LEED certification. Additional information regarding participation requirements for lease projects will be provided to all respondents.

Proposals may be made by any person in writing on or before 10:30 a.m. October 19, 2011, and must be sent to: Division of Real Properties, RE: PR-5185, ATTN: Leasing Branch, Suite 300, 403 Wapping Street, Frankfort, Kentucky 40601-2607. FAX/email proposals will not be accepted. All responses received will be publicly opened and read at the above-designated time. For additional information contact Rex Pitts, Division of Real Properties at 502.564.2205 Ext. 235. If you plan to attend the bid opening and have a disability which requires accommodation, contact our office by October 17, 2011 to permit us to make reasonable arrangements.

 

NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky issued an order on August  23, 2011, scheduling a hearing to be held on October 18, 2011, 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, for the purpose of cross-examining witnesses in Case No. 2011-00247, which is An Examination of the Application of the Fuel Adjustment Clause of Kentucky Utilities Company from November 1, 2010 through April 30, 2011.

Kentucky Utilities Company

220 West Main Street, Louisville, Kentucky 40202