Legal Notices for 3/13/13, page 1
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ADVERTISEMENT FOR BIDS
Sealed Proposals for the following work will be received by the Whitley County Board of Education in the manner and on the date hereinafter specified for the furnishing of all labor, materials, supplies, tools, equipment, services, etc., necessary for the construction of the Whitley Central Primary School – HVAC Renovation.
Contractors must submit their bids to the Whitley County Board of Education at 300 Main Street, Williamsburg, Kentucky 40769, until 2:00 p.m. local time on April 4, 2013. Bid Security in the amount of five (5) percent must accompany each Proposal. The successful bidder will be required to provide a 100% Performance and Payment Bond as indicated in the Project Manual. A pre-bid conference will be held at 3:00 p.m. local time on March 26, 2013, at the project site.
Contract Documents may be examined at the Whitley County Board of Education and RossTarrant Architects, Inc., 101 Old Lafayette Avenue, Lexington, Kentucky 40502. A full list of plan rooms that have construction documents on file is available at www.lynnimaging.com.
Bidders may obtain contract documents from Lynn Imaging, Inc., 328 Old East Vine Street, Lexington, Kentucky 40507 (telephone (859) 255-1021). A refundable deposit of $200 will be required for plan sets, plus non-refundable shipping charges. All deposit checks shall be made payable to RossTarrant Architects, Inc. Postage and handling fees shall be paid separately to Lynn Imaging, Inc.
State Wage Rates are applicable. Conflicts of interest, gratuities and kickbacks are defined in KRS 45A.445 and as provided for in KRS 45A.455 are absolutely prohibited. Preference for resident bidders shall be given as outlined in KRS 45A.90 to 45A.94.
NOTICE OF BOND RELEASE
In accordance with KRS 350.093, notice is hereby given that Mountainside Coal Co., Inc., 7692 S. HWY 25W, Williamsburg, KY 40769 has applied for a Phase 1 Bond Release of Increments 1, 2, and 3 of Permit #918-0412, which was last issued on December 28, 2011. The application covers an area of approximately 200 acres located 1.5 miles northwest of Frakes in Whitley County.
The permit area is approximately 0.8 miles northeast from Mud Creek Road’s junction with KY 1595 and located along Doolin Branch. The latitude is 36o 39’ 08”. The Longitude is 83o 57’ 16”.
The bond now in effect on Increment 1 is a Letter of Credit for $22,400. For Increment 2, the current bond is a Letter of Credit in the amount of $252,700 and the Kentucky Bond Pool, totaling $257,700. The bond now in effect on Increment 3 is a Letter of Credit and the Kentucky Bond Pool, totaling $110,100. Approximately 60% of the original bond amount ($390,200), is included in the application for release.
Reclamation work performed includes: backfilling, grading, fertilizing, seeding and mulching, completed in November of 2012.
Written comments, objections or requests for a public or informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by April 27, 2013.
A public hearing on the application has been scheduled for April 30, 2013, at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for hearing or informal conference is received by April 27, 2013.
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 861-5350, Amendment #3
In accordance with the provisions of KRS 350.070, notice is hereby given that Alden Resources, LLC of 332 W. Cumberland Gap Parkway, Corbin, Ky. 40701 has applied for an amendment to an existing underground coal mining and reclamation operation located approximately 2.0 miles due east of Goins in Knox and Whitley counties. The amendment will add 28.5 acres of surface disturbance and will underlie an additional 274.6 acres of underground area, making a total of 1443.30 acres within the amended permit boundary.
The proposed amendment area is approximately 3.3 miles east of the junction of KY 92 and Harpes Creek Road and located 0.5 miles north of Harpes Creek. The latitude is 36° 41’ 58.1”. The longitude is 83° 54’ 08.1”.
The proposed amendment is located on the Frakes U.S.G.S. 7 1/2 minute quadrangle map. The surface area to be disturbed by the amendment is owned by Antony Greene. The amendment will underlie land owned by Boone Forestlands, LLC, Mark & Wanda Bennett, Ernest Shelton, Joe Sire Mahan Heirs c/o Sandra Faye Sullivan and Roy Mahan c/o Kathy Hauser. The operation will use the underground mining method.
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, U.S. 127 South, Frankfort, Kentucky 40601.
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, Jail and LGEA funds, in the amount of $ 316,473.00 and increasing / decreasing expenditures in the General, Jail and LGEA funds in the amount of $ 316,473.00 will be held on 02/19/13 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
NOTICE
TO: BETTY WOODS
You are hereby notified that you were named a defendant in Civil Action No. 13-CI-00080, filed on February 14, 2013 in the Whitley Circuit Court, styled: Vanderbilt Mortgage and Finance, Inc. vs. Edward O. Veach; Angela N. Banks; Unknown Spouse of Edward O. Veach; Ruth Rose; Betty Woods; Tax Ease Lien Servicing LLC; and County of Whitley, Kentucky. I have been appointed Warning Order Attorney to notify you of the nature and pendency of this action.
The Plaintiffs are seeking a judgment and Order of sale of a 2010 Giles mobile home and real property located at 3772 Whetstone Road, Rockhold, Kentucky, by the Master Commissioner. You were named a party to the lawsuit as you may have an interest or right in the subject real property and should come forward and assert your interest or be forever barred from doing so. As the Court appointed Warning Order Attorney, my duty and responsibility ceases with informing you of the action. You should contact an attorney of your choice to file an answer on your behalf as soon as possible.
HON. KIMBERLY FROST, ATTORNEY AT LAW
201 MAIN STREET, PO BOX 72, WILLIAMSBURG, KY 40769; TELEPHONE: (606) 539-0881
CITY OF WILLIAMSBURG, KENTUCKY
PLANNING & ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning & Zoning Commission of the City of Williamsburg will hold a Public Hearing on Monday, April 1, 2013 from 6:00 pm to 7:00 pm at Williamsburg City Hall, 423 Main Street, Williamsburg, Kentucky, concerning proposed zoning changes and zoning map amendments. The land proposed to be affected is located as follows:
1. Owners of property located on US 25 W which borders Sonic and BP (being all property known as Edgar Croley property) request that this property be rezoned from A-2 (Agricultural With Structures) to a B-2 (General Business).
2. Owners of property located on US 92 W starting at the Bill Moses property line and continuing to the Hal Rogers Family Entertainment Center property line (being property known as Edgar Bryant property) request that this property be rezoned from A-2 (Agricultural With Structures) to a B-2 (General Business).
3. Manager(s) of the Senior Citizens Apartment Complex by permission of property owners located on Cumberland Avenue and adjoin Bill Woods Park request that this property be rezoned from a B-3 (Central Business District) to a P/SP (Public/Semi Public District).
4. Owners of property located on US 25 W North behind State Farm and Dollar General Store down to Old Corbin Pike, (known as the Tim Akins property) request to be rezoned from R-1 (Single Family Residential) to a B-2 (General Business).
The public is invited to attend the meeting and ask questions/make comments to the Commission regarding the proposed zoning recommendations.
Dr. David Williams, Chairperson
Planning & Zoning Commission
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT - WHITLEY CIRCUIT COURT - DIVISION NO. I
CIVIL ACTION NO. 11-CI-00780
Sequoia Financial Solutions, Inc., PLAINTIFF VS. Jason M. Anderson aka Jason Anderson; Danelle E. Anderson aka Danelle Anderson; Tammy Podsiad, as Vendee; James Podsiad, as Vendee; Rusty Surgener, as Vendee; Pam Lawson, as Vendee; Commonwealth of Kentucky, Department of Revenue, Division of Collections; Branch Banking & Trust Company; And Asset Acceptance, LLC, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on February 4, 2013, 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, March 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.
The Judgment against the Defendants, Jason M. Anderson aka Jason Anderson and Danelle E. Anderson aka Danelle Anderson, plus costs is as follows:
(1) The principal sum in the amount of $66,301.06, plus interest on the principal sum at the rate of 6.875% per annum from March 15, 2010 until paid, plus the costs and fees of this action, plus reimbursement for attorney’s fees in this action, plus sums advanced in payment of ad valorem taxes, insurance premiums, winterization, or in preservation of the real estate, plus late fees, costs, attorney’s fees, and other advances made pursuant to the terms of the Note.
The following real property located in Whitley County, KY, and more particularly bounded and described as follows:
Property Address: 28 John Street, Williamsburg, Kentucky 40769
Parcel Number: 110-40-00-007.00
Beginning at the Northwest corner of Earnest Croley’s and John Street, North with John Street 66 feet to a stone; thence East 168 feet to Lee Siler and Mays corner; thence with Mays line South 100 feet to his Southeast corner; thence 30 feet to Earnest Croley’s Northeast corner; thence with his line 150 feet to John Street, the beginning.
There is a street 30 feet wide given by the party of the first part for free public use; street extends North from the main road.
Part of this lot that was originally bought from E. S. Moss and wife--on this part the mineral rights are held by E. S. Moss heirs.
Being the same property conveyed to Jason M. Anderson and Danelle E. Anderson, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Jason M. Anderson, and Danelle E. Brittain (now known as Anderson), husband and wife, dated October 18, 2004, filed October 22, 2004, recorded in Deed Book 456, Page 492, County Clerk’s Office, Whitley County, 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 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%. 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, 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 all subsequent years after purchase. All taxes or assessments upon the property for the current year and all 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 25th day of February, 2013.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
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. 12-CI-435
HSBC MORTGAGE SERVICES INC, PLAINTIFF, VS. CHARLES RICHARDS; AND THE UNKNOWN SPOUSE OF CHARLES RICHARDS; AND MID SOUTH CAPITAL PARTNERS, LP; AND KERSEY PROPERTIES, LLC, DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 24, 2013, 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, March 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.
The judgment against the Defendant, Charles Richards, plus costs, is as follows:
(1) The sum of $63,914.55 as of 02/01/2011 with interest at the rate of 9.65% per annum thereafter, attorney’s fees of $1,100.00, negative escrow, late fees, and costs thereafter until paid in full.
The said real property is located in Whitley County, Kentucky, to wit:
Property Address: 509 ½ Oak Avenue, Corbin, KY 40701.
Parcel number: 137-41-06-001.00
Beginning at a point in the East line of Oak Street at Herb’s corner; thence Eastward with Herb’s line 130 feet to the west line of any alley; thence northward with the west line of said alley 49 feet to a stake; thence westward, running parallel to the first line, 130 feet to the east line of Oak Street; thence southward with the east line of Oak Street 49 feet to the point of beginning.
Being the same property conveyed to Charles Richards, a single person, by deed dated December 2, 2005 and found of record in Deed Book 465, Page 661 in the Office of the Whitley County Court Clerk.
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 (1/3%) 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 successful bidder, then, 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 25th day of February, 2013.
HOWARD O. MANN, MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
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. 12-CI-00685
Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff, VS. Gerald Cope, Defendant.
NOTICE OF COMMISSIONER’S SALE













