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Legal Notices for 6/20/12, page 1


 

 NOTICE OF PHASE I BOND RELEASE

Pursuant to Permit No. 918-0424

In accordance with the provisions of KRS 350.093, notice is hereby given that B&B Energy, LLC, PO Box 1016, Williamsburg, KY  40769, has applied for a Phase I bond release on permit 918-0424, Increments 1, 2 and 3, which was last issued on 04/05/12.  The permit covers an area of approximately 53.0 acres located 7.6 miles southwest of Barbourville, Kentucky in Knox and Whitley Counties.

The permit area is located approximately 0.5 miles east of County Road 1530 junction with Owens Cemetery Road and is located 0.3 miles east of Owens Branch.  

The proposed operation is located on the Barbourville U.S.G.S. 7.5 minute quadrangle map.   The latitude of the mine site is 36-46-56.0 and the longitude is 83-58-54.5. 

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 Cumberland Ave., Middlesboro, Kentucky  40965.

The bond now in effect for Increment 1 is a Letter of Credit Bond in the amount of $59,100.00.  The bond now in effect for Increment 2 is a Letter of Credit Bond in the amount of $59,800.00.  The bond now in effect for Increment 3 is a Letter of Credit Bond in the amount of $95,600.00.  Approximately 60% of the original bond amount of $214,500.00 is included in the application for release.

Reclamation work performed includes:  Backfilling, grading, redistribution of alternate topsoil material and reseeding.  Reclamation work was performed during July, 2011.  

This is the final advertisement of the application. Written comments, objections or requests for a permit conference must be filed with the Director of the Division Field Services, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky  40601.  All comments or objections must be received by July 21, 2012.

A public hearing on the application has been scheduled for 9:00 AM, on July 24, 2012 at the Department for Natural Resources Middlesboro Regional Office, 1804 Cumberland Ave., Middlesboro, KY  40965.  The hearing will be cancelled if no request for a hearing or informal conference is received by July 21, 2012.

 

PUBLIC NOTICE

An emergency ordinance amending the Whitley County Budget for Fiscal Year 2011-2012, to include unanticipated receipts from Road in the amount of $97,814.00 and increasing expenditures in the area of Road in the amount of $97,814.00 was passed on its first reading 06/11/12.  A copy of the Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge EXECUTIVE

 

PUBLIC NOTICE

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. MOUNTAINSIDE COAL CO INC, 9180422; 5/9/2012

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-8016

In accordance with 405 KAR 8:010, notice is hereby given that Emlyn Coal Processing, LLC 4184 South Hwy. 25W, Williamsburg, Kentucky 40769 intends to transfer permit number 918-8013 to ARL Resources, LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701.  The new permit number will be permit number 918-8016.  The operation disturbs 12.2 surface acres.  No new acreage is affected by the transfer.

The operation is located 1.0 mile south of Emlyn in Whitley County.  The operation is approximately 0.3 mile south from US 25’s junction with Cane Creek Road and located 0.05 mile west of Clear Creek.  The operation is located on the Williamsburg, KY U.S.G.S. 7½ minute quadrangle map.

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 or objections must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.  All comments or objections must be received within fifteen (15) days of today’s date.

 

Notice of Blasting Schedule

Alden Resources, LLC, 332 W. Cumberland Parkway, Corbin, KY  40701, phone number (606)523-9760, gives notice that blasting operations will be conducted on its coal mine permit number 918-0447, covering 140.65acres owned by David Boyd, Dee Woods Heirs, William and Edna Hill, Ray and Geneva Hill, Doris Vanover, Verlon Johnson, Georgie Terell, Janice Hamm and Wilma Corbin.

The proposed operation is located approximately 0.5 miles north of Perkins, Kentucky.  The proposed operation is approximately 0.80 miles east of the Maple Creek Road junction with Brown Creek Road and located 3.9 miles north of the mouth of Maple Creek.  The latitude is N36°47’21”.  The longitude is W84°03’25”.

Blasting operations are projected to commence June 2012. Blasting will be conducted between sunrise and sunset except in emergency situations.  Emergency situations include, but are not limited to, lightning, the imminent threat of lightning, or other circumstances that require unscheduled detonation for the safety of the public or miners.

Signs or barriers identify entry points to the blast area.  A representative or representatives of the permittee will monitor the access point(s) and prevent entry of unauthorized persons during the blast.

The pre-blast warning signal will be a one (1) minute series of long blasts five (5) minutes prior to the blast signal.  The final blast warning signal will be a series of short blasts one (1) minute prior to the detonation.  The all clear signal will be a prolonged blast following the inspection of the blast area.

 

PUBLIC NOTICE OF BLASTING  SCHEDULE

Mountainside Coal Co., Inc., 7692 South Highway 25W, Williamsburg, KY 40769; Phone: (606) 785-7277 proposes the following blasting schedule. The blasting site encompasses approximately 136 acres of contour surface mining located approximately 2.5 miles west of the community of Jellico Creek in Whitley County, and approximately 2.0 miles east of the community of Hollyhill, in McCreary County along KY Route 92 and KY Route 1673. The surface of the area on which blasting operations will be conducted is owned by George & Daisy Caddell, Bobby & Freda Mays, Donnie Patrick, Donald B. Patrick, Ronnie Patrick, Thomas & lnez Troxel, Paul & Delores Rowe, and White Lumber Sales, LLC.

Detonations of explosives are proposed to occur from sunrise to sunset Monday through Saturday- The blasting schedule is for a period from July 2012 to July 2013. Entry to the blasting area will be regulated by signs and barriers. A warning signal will be given, that consists of a one minute series of long blasts of a siren, sounded five (5) minutes prior to the blast signal. The blast signal will consist of a series of short siren blasts given one (1) minute prior to the detonation of the shot. A post-detonation all-clear signal, consisting of a prolonged siren signal, will follow the inspection of the blast site. When the permittee conducts an unscheduled blast, the permittee, using audible signals, shall notify all persons within one-half mile of the blasting site and document the reason for the unscheduled blast.

This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation and Enforcement Provision and KRS 350.220 and the regulations relating thereto. The Kentucky DMRE Permit Number is 918-0429.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00888

Bank of America NA, successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff,  VS. Wanda Nelson; Legal Recoveries, Inc., Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2012, 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, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Wanda Nelson, plus costs, is as follows:

(1) The principal sum in the amount of $92,356.32, plus interest from May 1, 2009, in the amount of $15,373.44, plus late charges in the amount of $112.07, plus advancements totals in the amount of $11,764.51, for a total in the amount of $119,606.34, together with interest at the rate of 5.87.50 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,150.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 604 Wolf Creek Road, Williamsburg, Kentucky 40769.

BEGINNING at an iron stake on the right of way of highway 628, thence running in a Northerly direction 190 feet to a Cross-tie post; thence 100 feet in an Eastern direction to a concrete marker, thence running 180 feet in a Southern direction to a stake in the right of way of highway 628; thence in a Western Direction with said right of way of highway 628; thence in a Western direction with said right of way of Highway 628 114 feet to the BEGINNING corner; and

Being the same property Kathy J. Davis , widowed obtained title to by deed dated June 11, 2003 executed by Jaye Shannon Jones, single of record in deed book 444 at page 245 in the Whitley County Court Clerk’s Office; and

Thereafter, being the same property conveyed to Wanda Nelson, single, and Minnie Sue Mullis, married, by deed dated May 19, 2006 and recorded on May 25, 2006 in Deed Book 469, page 390 in the Office of the Clerk of the County Court of Whitley County, Kentucky.

Said property was conveyed to Wanda Nelson, by William Mullis and Minnie Mullis, husband and wife, on April 23, 2008, by a deed recorded on May 1, 2008, in Deed Book 483, Page 306, on the Office of the Whitley County 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 (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, they may take a credit upon 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 pursuant to the judgment, 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 18th day of June, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00445

Bank of America, N.A., PLAINTIFF, VS. Margaret Fultz, Administratrix of the Estate of Donald F. Adams; Audrey Renell Adams, minor, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2012, 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, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $39,238.29, plus interest from January 1, 2010, in the amount of $5,553.91, plus late charges in the amount of $37.92, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $4,166.39, for a total in the amount of $48,996.51, together with interest at the rate of 6.5000 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,450.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument

Property Address: 227 Higgins Street, Corbin, Kentucky 40701.

Being located in the South line of Higgins Street, in the City of Corbin, Kentucky and more particularly described as follows:

Beginning at an iron pipe in the South line of Higgins Street. Said iron pipe also being a Northeast corner of the C.D. Adkins heirs (Deed Book 289, Page 629); thence continuing with eth South line of Higgins Street, S 65 deg 45 min E., 100.00 feet to an iron pipe. Said iron pipe also being a Northwest corner of Robert Higgins (Deed Book 127, Page 537); thence leaving the South line of Higgins Street, S 28 deg 45 min W., with the west line of Robert Higgins, 185.00 feet to an iron pipe in the North line of Malcom Street. Said iron pipe also being a Southwest corner of Robert Higgins; thence leaving the West line of Robert Higgins N 62 deg 33 min W., 50.00 feet to an iron pipe. Said iron pipe also being a Southeast corner of Carl and June Baker (Misc Book 40, Page 163, 164, and 165); thence leaving the North line of Malcom Street, continuing with the lines of Carl and June Baker, N 29 deg 03 min E, 50.00 feet to an iron pipe; thence N 63 deg 13 min W., 50.00 feet to an 8 inch tree. Said tree being a Southeast corner of C.D. Adkins heirs; thence leaving the line of Carl and June Baker, N 28 deg 45 min E, with an East line of C.D. Adkins heirs, 130.00 feet to the beginning corner, containing 0.3601 acres.

Being the same parcel conveyed to Donald F. Adams from Leanne Maxey Barger, by virtue of deed dated 9/12/2002, recorded 9/14/2002, in deed book 438, page 220, county of Whitley, state of Kentucky.

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, then, and in that event, they may take a credit upon 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 pursuant to the judgment, 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 18th day of June, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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-00640

JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance, LLC, Plaintiff,  VS. Lewis Westcott aka Lewis E. Westcott; Ruby Westcott, Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on May 7, 2012, 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, July 9, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Lewis Westcott aka Lewis E. Westcott and Ruby Westcott, plus costs, is as follows:

(1) The principal sum in the amount of $51,614.67, plus interest from 04/1/10-3/15/12, in the amount of $6,568.21, plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,777.66, plus property inspection fees in the amount of $70.00, plus BPO in the amount of $485.00, plus property preservation in the amount of $1,459.00, plus late charges in the amount of $41.34, for a total in the amount of $63,015.88, together with interest at the rate of 6.500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, plus attorney fee in the amount of $1,350.00, and for all other gees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 175 Copperhead Lane, Corbin, Kentucky 40701.

Lying and being in Whitley County, Kentucky, and more particularly described as:

A certain tract or parcel of land lying in Whitley County, Kentucky, on the waters of Whippoorwill Creek, bounded and described as follows:

Beginning at an iron pin in the edge of the Burnett Road and corner of Robert Moore and running about S.W. with the Moore line 150 feet to an iron pin; thence running about N.W. 100 feet to an iron pin; thence running about N.E. 150 feet to an iron pin in the edge of Burnett road; thence running with the edge of the road about S.E. 100 feet to the iron pin, the beginning.

SAID PROPERTY HAS BEEN RESURVEYED AND IS NOW MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A certain tract or parcel of land lying in the Bark Camp Area of Whitley County and more particularly described as follows:

Beginning on a set iron pin and cap in the southwest edge of Copperhead Lane (20 feet from approximate centerline)(formerly Pennington Lane), said pin being located approximately 0.10 miles northwest of the intersection of Whippoorwill Road, said pin being the northeast corner of the tract described herein ad a corner common to (now for formerly) Clifton Pennington (DB 323 PG 220), thence leaving said road and with line common to said Pennington S 57-19-11 W 150.00 feet to a set pin and cap in a line common to (now or formerly) Lonnie Storms (DB 258 PG 449), thence with line common to said Storms N 32-59-07 W 100.00 feet to a found ¾” iron rod, a corner common to Anthony Hill (DB 455 PG 078), thence with line common to said Hill N 57-19-49 E 150.00 feet to a set iron pin and cap in the edge of Copperhead Land (20 feet from approximate centerline), said pin also being in an existing driveway, thence leaving line common to said Hill and with the southwest edge of said road (20 feet from and parallel to approximate centerline) S 32-59-01 E 99.97 feet to the point of beginning, containing 0.34 acres by survey conducted on November 18, 2005 by Richard Reece, PLS#3358 with H&R Surveying.

Unless stated otherwise any monument referred to herein as a “set iron pin and cap” is a set 1/3” by 18” iron pin with orange plastic cap stamped H&R PLS#3358, all bearings given herein are referenced to the magnetic meridian as obtained in the field on November 18, 2005 by

BEING ALL OF THE SAME LAND acquired by Lewis Westcott and Ruby Westcott, husband and wife, by deed of conveyance from Stewardship Fund, LP dated December 7, 2005 and recorded in deed Book 465, at page 753, in the office of the Whitley County Court Clerk at Williamsburg, Kentucky. #video_holder { margin-top:0px; } #toppanel { top:-20px} .tab {clear:both;float:right;} #content-wrap { top:10px; }