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Legal Notices for 9/5/12, page 1


 

 PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2012-2013, to include unanticipated receipts increasing / decreasing from the General, Road, Jail, LGEA, Ambulance, Forest, Occupational Tax, Tourism and 911 funds, in the amount of $-38,429.00 and increasing / decreasing expenditures in the General, Road, Jail, LGEA, Ambulance, Forest, Occupational Tax, Tourism and 911 funds in the amount of $-38,429.00 will be held on 09/18/12 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 

The regular meetings for the Road/Emergency Management Committee meetings has been change to the Second Wednesday of each month beginning at 2:00 PM in the Fiscal Court Room located on the second floor of the courthouse.  These meetings are open to the public.

 

PUBLIC NOTICE 

The regular meetings for the Budget/Solid Waste Committee meetings has been change to the Second Thursday of each month beginning at 10:00 AM in the Fiscal Court Room located on the second floor of the courthouse.  These meetings are open to the public.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0434, Major Revision #2

In accordance with KRS 350.070, notice is hereby given that American Highwall Mining, LLC, P.O. Box 1539, Chilhowie, VA 24319, has applied for a major revision to an existing surface coal mining and reclamation operation located 1.0 miles Southeast of Rockholds in Whitley County, Kentucky.  The major revision will not add any surface disturbance acreage [or underground acreage] to the permit area.

The proposed major revision is approximately 1.2 miles east of junction of the Jack’s Fork Road and KY Rt. 26 & located on the Spring Branch of Big Creek adjacent to Fraley Branch of Big Creek along KY Route 468, approximately 1.4 miles southeast from the junction of KY 468 and KY 612.  The latitude is 36? 48’ 20”.  The Longitude is 84? 06’ 15”.

The proposed major revision is located on the Rockholds U.S.G.S. 7½ minute quadrangle map.  The surface area to be affected by the major revision is owned by Daymond & Clara Helton, Barbara Roberts and Bart Davis.  The major revision will underlie land owned by Daymond & Clara Helton, Barbara Roberts and Bart Davis.

The major revision proposes to add a portable washer to be used on site on the excavated mine bench.

This is the final advertisement of the application. All comments, objections, or request for a permit conference must be received within thirty (30) days of today’s date. The major revision 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, 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.            

 

INVITATION TO BID

WHITLEY COUNTY FISCAL COURT

P.O. BOX 237  • WILLIAMSBURG, KY 40769

BRIDGE ABUTMENTS - Little Wolf Creek Bridge

Bids will be accepted for the concrete bridge abutments for a 18’x50’ bridge on Little Wolf Creek Road.

- Abutment walls must be 30 inches thick with 10 inch mud walls.

- Abutment and wing walls must be set on efficient footers

- Footers must be keyed in to bedrock at a minimum of 24 inches.

- Two rows of 1⁄2 inch steel must be installed every 12 inches vertically

     and horizontally along the entire length of the walls.

- Wing walls will be seven feet wide.  

- The concrete will be a class “A” , 4,000 PSI.

Detailed plans are available at the Whitley County Judge Executive’s office or on the county’s website: www.whitleycountyfiscalcourt.com. As the steel deck has already been bid and accepted the contractor will disregard that portion of the plans except where it pertains to the abutments.

Contractor shall provide the Whitley County Fiscal Court proof of Liability Insurance and a bid bond equal to ten percent (10%) of the total bid.

County road department personnel will be responsible for demolition of existing structure and construction of detour around bridge site.

The county will procure all necessary permits prior to installation.  Whitley County Road Department will be responsible for backfilling both ends of the bridge to road grade.

Contractor will not begin work until given the release to start work. The county will give the contractor a notice to proceed after receiving the permitting and the KYDOH Memorandum of Agreement.  Once notified to begin the contractor will be given 30 working days to complete the project.

The Whitley County Fiscal Court reserves the right to reject any and all bids.

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

Sealed bids must be at the County Judge Executive’s office no later than 2:30 pm, September 17, 2012.  Bids will be opened at that time.  The bid will be awarded at the Fiscal Court meeting which begins a 6 pm, September 18, 2012.

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 12-CI-178

JPMorgan Chase Bank, National Association, Plaintiff,  VS. Michael R. Allen; Janet Allen; CitiBank, N.A. successor by merger to CitiBank (South Dakota), Defendants.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on July 9, 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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Michael R. Allen and Janet Allen, plus costs, is as follows:

(1) The principal sum in the amount of $71,572.81, plus interest from 01/1/11, in the amount of $5,703.50, plus late charges in the amount of $115.15; plus advancements for the protection of the property, including taxes and insurance (negative escrow) in the amount of $2,392.04, plus property preservation in the amount of $37.03, plus property inspection fees in the amount of $140.00, for a total in the amount of $79,960.53, together with interest at the rate of 5.6250 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 fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 107 Bold Ruler Trail, Corbin, KY 40701.

Being Lot No. 374 of Tattersall Trails Estate in Whitley County, Kentucky, a map or plat of which is duly recorded in Map Book 3, Page 51, Whitley County Clerk’s Office, and to which map or plat reference is hereby made for a more full and complete description of said lot.

The foregoing property is subject to the protective and restrictive covenants as set forth in Miscellaneous Record Book 30, pages 445-448, Whitley County Court Clerk’s Office.

Being the same land acquired by Michael R. Allen and w, Janet Allen by deed from Russell L. Collins, Jr., and wife, Catherine Collins, dated March 15, 2004, and recorded in Deed Book 451, Page 181, 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 28th day of August, 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. 11-CI-925

JAMOS FUND I LP, PLAINTIFF, VS. RYAN VANNOSTRAN; CHRISTIE VANNOSTRAN; CITIZENS BANK; CAPITAL ONE BANK (USA) N.A.; LIEN SOLUTIONS, LLC; US BANK CUSTODIAN FOR SASS MUNI V DTR; KENTUKCY TAX COMPANY, LLC; COMMONWEALTH OF KENTUCKY, CITY OF CORBIN and COMMONWEALTH OF KENTUCKY COUNTY OF WHITLEY,  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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Ryan Vannostran and Christie Vannostran, plus costs, is as follows:

(1) The sum in the amount of $4,323.77 as of March 31, 2012, which constitutes principal in the amount of $811.90; with interest in the amount of $308.53, which constitutes accrual at the rate of twelve percent (12%) per annum; with monthly interest accruing at a rate of $8.12 per month until paid; pre-litigation attorneys fees of $568.33; administrative fees of $100.00; and a reasonable attorneys fees in the amount of 1,500.00; reimbursement for the cost of the title search in the amount of $250.00; and costs in the amount of $776.89.

Property Address: 214 Woodland Acres, Corbin, KY 40701.

Beginning at a 24 inch black oak in the north line of fourth Street; thence with Meek’s line North 35 degrees 55’ West 192.5 feet to a 15 inch poplar; thence North 40 degrees 35’ East 120 feet to a stone; thence south 44 degrees 00’ East 222 feet to a stone in the line of said Fourth Street; thence South 54 degrees 10’ feet West 165 feet to the beginning.

Excepting however that portion heretofore conveyed to Kim House and described as follows:  BEGINNING at a 24” B. Oak in the right of way line of (Fourth Street) Woodland Acres corner common to Parks and House; thence a line common to Parks and House N 30 degrees 55’ W 124’ to a stake corner common to Parks and House; thence a line common to Parks and house N 36 degrees 29’ E 136.7 to a stake in the right of way of a 35’ driveway corner common to parks and house; thence with right of way of said driveway S 44 degrees 00’ E 170’ to a stake in the right of way line’s of said driveway and (Fourth Street) Woodland Acres; thence with the right of way line of (Fourth Street) Woodland Acres S 54 degrees 10’ W 165’ to the beginning corner containing 0.50 acres more or less.

Being the same property conveyed to Ryan Vannorstran and wife, Christie Vannorstran, by deed from Joe House, et al, dated June 27, 2005, of record in Deed Book No. 462, Page 198, 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 (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 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. 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.

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 28th day of August, 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. II

CIVIL ACTION NO. 11-CI-565

JAMOS FUND I LP, PLAINTIFF,  VS. JAMES TUTTLE; TAX EASE LIEN SERVICING, LLC; KY LIEN HOLDINGS, LLC; and COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on June 11, 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, September 17, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, James Tuttle, plus costs, is as follows:

(1) The sum in the amount of $4,485.36 as of April 30, 2012, which constitutes principal in the amount of $1,060.88; with interest in the amount of $413.75, which constitutes accrual at the rate of twelve percent (12%) per annum; with monthly interest accruing at a rate of $10.61 per month until paid; pre-litigation attorneys fees of $700.00; administrative fees of $100.00; and a reasonable attorneys fees in the amount of 1,500.00; reimbursement for the cost of the title search in the amount of $250.00; and costs in the amount of $439.20.

Property Address: 4664 Maple Creek Road, Williamsburg, KY 40769.

BEGINNING on the persimmon on the bank of the Maple Creek Road; thence along a fence row North 252 feet to a double maple; thence east with fence 309 feet to a white oak; thence east 99 feet to a fence corner; thence east 453 feet to a stone in Maple Creek; thence continuing eastward 291 feet to a small oak; thence south 330 feet to a tall pine on bank of Maple Creek Road; thence westward with said road 957 feet to a pint of beginning.

Being the same property conveyed to James Tuttle by deed dated May 25, 1999, from Kenneth R. Hyden and his wife, Shirley Hyden, of record in Deed Book 409, Page 289 in the 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 (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 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. 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.

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 28th day of August, 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

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