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 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 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 12-CI-00173

WHITAKER BANK CORP, PLAINTIFFS VS. V-B, L.L.C.; COMMONWEALTH OF KENTUCKY, DEPARTMENT OF REVNUE; CITY OF CORBIN, KENTUCKY; 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 April 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, June 11, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, V-B, L.L.C., plus costs, is as follows:

(1) Pursuant to Count I of the Plaintiff’s Complaint, principal sum in the amount of $1,864,200.24 as of March 29, 2012, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(2) Pursuant to Count II of the Plaintiff’s Complaint, principal sum in the amount of $153,779.42 as of March 29, 2012, plus interest at the rate of 6% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS: 1891 Cumberland Falls Highway, Corbin, Kentucky 40701.

A certain tract or parcel of land lying and being approximately 360 feet south of U.S. Highway 25W, and approximately 600 feet east of the junction of U.S. Highway 25W and Interstate Highway 75, on the waters of Bacon Creek of Lynn Camp Creek, in the County of Whitley, State of Kentucky, and bounded and described as follows, to-wit:

BEGINNING at a ½” rebar set in the line of Impac Management, Inc., Deed Book 357, Page 364, Tract B, now or formerly, a corner to Mildred Buckner, Deed book 389, page 107, and from which a Kentucky concrete right of way monument bears N 13-52-46 E, 384.09 feet, thence leaving said Impac Management, Inc., and running with the line of said Mildred Buckner, N 73-14-28 E, at 20.97 feet crossing a 5/8” rebar (found) in all 342.50 feet to a railroad spike (found) in asphalt, a corner to Jimmy Vance, Deed book 373, page 617, thence continuing with the line of said Jimmy Vance S 80-45-42 E, 131.97 feet to a 5/8” rebar, set a new corner, thence severing the land of Mildred Vance Buckner, Deed Book 376, page 56, a new line S 08-25-12 E, 217.08 feet to a 5/8” rebar, set 3 feet north of a ditch, thence continuing with all new lines S 77-27-25 W, 247.74 feet to a 5/8” rebar set, thence S 71-45-25 W, at 213.17 feet crossing a 5/8” rebar, reference monument, set in all 338.37 feet to a point, in the line of the aforementioned Impac Management, Inc., and from which a 5/8” rebar (found) at fence corner, a corner to said Impac Management and Mildred Vance Buckner bears S 13-51-14 W, 166.07 feet, thence running with the line of said Impac Management, Inc., N 13-51-14 E, 305.78 feet to the place of BEGINNING and containing (3.0746) acres more or less, with all bearings referred to the 1994 magnetic meridian, and all rebars having plastic caps stamped RSP, LS 2776, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on October 28, 1994, and June 12, 1998. 

There is also a permanent and non-exclusive access easement to the above described parcel of land for the purpose of ingress and egress described as follows, to-wit:

BEGINNING at a railroad spike, the second corner to the above-described parcel of land, thence running with a line of same, S 73-14-28 W, 22.88 feet to a point, thence N 00-34-50 W, 78.54 feet to a point, the southwest corner of another easement to the above-described parcel of land, which was reserved in Deed book 332, Page 190, thence running with the south line of above-described easement previously reserved N 89-05-22 E, 69.93 feet to a point, thence S 28-41-35 E, 101.02 feet to a point, on the line of the above-described parcel of land, thence running with said line N 80-45-42 W, 96.98 feet to the BEGINNING with all bearings referred to the 1994 magnetic meridian, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on October 28, 1994.

There is also another permanent easement for the purpose of ingress and egress to the above-described parcel of land, which runs from U.S. 25W, to the above-described easement and is fully described in Deed Book 332, page 190 in the office of the Whitley County Court Clerk at Williamsburg, Kentucky.

There is however, reserved from the above-described parcel of land, a permanent and non-exclusive access easement for the purpose of ingress and egress, described as follows, to-wit:

BEGINNING at a railroad spike, the second corner to the above-described parcel of land, thence running with a line of same, S 80-45-42 E, 131.97 feet to a 5/8” rebar, the third corner to the above-described parcel of land, thence S 08-25-12 E, 37.06 feet to a point, on the line of the above-described parcel of land, thence leaving same and running N 71-30-58 W, 52.50 feet to a point, thence N 83-50-52 W, 54.13 feet to a point, thence S 54-23-13 W, 61.32 feet to a point, thence S 72-50-58 W, 248.56 feet to a point, thence S 44-45-35 W, 36.59 feet to a point, thence S 22-00-55 W, 54.47 feet to a point, thence S 15-23-42 W, 161.88 feet to a point, on the line of the above described parcel of land, from which a 5/8” rebar reference monument to the sixth corner of the above-described parcel of land bears N 71-45-25 E, 65.46 feet, thence running with a line of the above-described parcel of land, S 71-45-25 W, 31.22 feet to a point, from which the sixth corner to the above-described parcel of land bears S 71-45-25 W, 28.52 feet, thence running N 15-23-42 E, 163.20 feet to a point, thence N 22-00-55 E, 83.37 feet to a point, thence N 44-45-35 E, 40.25 feet to a point, thence N 72-50-58 E, 249.34 feet to a point, thence N 54-23-13 E, 13.98 feet to a point, thence N 00-34-50 W, 35.24 feet to a point, on the line of the above-described parcel of land, from which the BEGINNING corner of same bears S 73-14-28 W, 319.62 feet, thence running with the line of said above-described parcel of land, N 73-14-28 E, 22.88 feet to the BEGINNING with all bearings referred to the 1998 magnetic meridian, all according to a survey by Peters Land Surveying, Ralph S. Peters, Kentucky Registered Land Surveyor, 2776, on June 12, 1998.

BEING ALL THE SAME PROPERTY conveyed to V-B, L.L.C., by Deed from Mildred Vance Buckner and husband, Paul Kenneth Buckner, dated July 1, 1998, and recorded January 11, 1999, in Deed Book 405, page 576 of the Whitley County Clerk’s Office.

ALSO:

An easement for the use of a “high rise sign” together with access thereto as conveyed to V-B, LLC, by instrument from Jimmy L. Vance dated October 20, 2005, and recorded October 27, 2005 in Miscellaneous Book 138, at page 655, 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 ten percent (10%) down with the balance in 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 for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay court costs and expenses of the sale and 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 22nd day of May, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

104 N. KY AVE., CORBIN, KY 40701

TELEPHONE: (606) 528-0616

 

PUBLIC NOTICE - INVITATION TO BID

Whitley County has been awarded a grant from the Energy and Environment Cabinet, Division of Waste Management, for the purpose of cleaning illegal dumpsites within the county.  The dumps will be removed under the direction of the Whitley County Fiscal Court.

Bid proposals and any additional information can be obtained at the Whitley County Judge/Executive’s Office, Whitley County Courthouse, 210 Main Street, Williamsburg, Kentucky, (606) 549-6000, during regular business hours.  The proposals will also be posted on the Whitley County Fiscal Court website:  http://www.whitleycountyfiscalcourt.com/news.asp .

There will be a pre-bid meeting at 9:00 a.m., June 6, 2012, in the Whitley County Fiscal Courtroom.  All bidders are required to attend the pre-bid meeting.  Sealed proposals will be accepted until 1:00 p.m., June 15, 2012, at which time the bids will be opened and read aloud.  The contract will be awarded during the Whitley County Fiscal Court meeting at 6:00 p.m., June 19, 2012.  PRINT (Dump Cleanup) on the front of the envelope.

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

No bidder may withdraw his/her bid for 90 days after the date the bids are opened.  Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

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

 

PUBLIC NOTICE

WHITLEY COUNTY FISCAL COURT REQUEST FOR BID

The Whitley County Fiscal Court will be accepting sealed bids for Asphalt Material (Surface, Binder & Base), Culvert (Plastic & Metal), Stone and RS-2 Oil.  Bids will be accepted up to and opened in the Whitley County Fiscal Court Room at 2:00 p.m. on Thursday, June 18, 2012.  Bids will be awarded during the regular session of the Whitley County Fiscal Court on June 19, 2012 at 6:00 p.m.

Beginning May 30, 2012, bids can be picked up at the Whitley County Judge/Executive’s Office, downloaded from the Whitley County Fiscal Court’s website at www.whitleycountyfiscalcourt.com or contact the office at (606) 549-6000.  Mark envelopes as noted in Request for Bid.

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

No bidder may withdraw his/her bid for 90 days after the date the bids are opened.  Any bid received after the time specified shall not be considered and will be returned unopened to the bidder.

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

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance relating to the renewing of Ordinance #2008-03 (Occupational Tax) will be held on 6/19/12 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

A Petition to Close a County Road has been presented to the Whitley County Fiscal Court concerning 0.10 miles of Foley Bend Road.  Pursuant to KRS 178.050, the hearing for this road closure, open to all interested parties, is scheduled to convene on June 19, 2012 at 6:00 p.m. during the regular scheduled court meeting.  A written report from the two Viewers and the Road Department Supervisor will be presented at the meeting.  A review of the map pertaining to the road closure is available for viewing at the Whitley County Judge Executive’s office during regular business hours. 

Pat White, Jr., County Judge executive

 

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO.  12-001

An ordinance to prohibit the possession, sale and use of product containing Mephedrone, Methylenedioxypyrovalerone (MDPV), or any other chemical derivative of Methcathinone in the City of Williamsburg, Kentucky. 

WHEREAS, the United States Drug Enforcement Administration (DEA) has exercised its emergency scheduling authority to temporarily control synthetic stimulants including Mephedrone, MDPV and Methylone sold under the guise of “bath salts” or “plant food” as such action was necessary to protect the public from the imminent hazard posed by these dangerous chemicals. Mephedrone, MDPV and other chemical derivatives of Methcathinone have reportedly produced an intense high, euphoria, extreme energy, hallucinations and insomnia and cause users to be easily provoked to anger; and

WHEREAS, the DEA’s action will make possessing and selling these synthetic stimulants or the products that contain them illegal in the United States for at least one year while the DEA and the United States Department of Heath and Human Services further study whether these chemicals should be permanently controlled. These synthetic stimulants will become temporarily designated as Schedule I substances under the Controlled Substances Act; and

WHEREAS, substances that contain these synthetic stimulants or their chemical derivatives, are being marketed and sold as bath salts; and

WHEREAS, the Kentucky Poison Control System reports that products marketed as “bath salts” containing synthetic stimulants such as Mephedrone and MDPV, which are chemical derivatives of Methcathinone and have been linked to adverse physical effects to persons resulting in hospitalization and death; and 

WHEREAS, the sale and use of products containing synthetic stimulants such as Mephedrone and MDPV are becoming a growing trend and problem across the United States. When ingested, snorted, smoked or injected, these synthetic stimulants produce effects similar to those of cocaine and methamphetamines, including chest pains, increased blood pressure, increased heart rate, extreme paranoia, suicidal tendencies and delusions; and

WHEREAS, several states and cities have issued emergency bans or ordinances prohibiting these types of synthetic stimulants; and

WHEREAS, there has been little public education and outreach relative to the risks and effects associated with the use of substances containing these types of synthetic stimulants; and 

WHEREAS, it is necessary to preserve the peace and protect the general health, safety and welfare of the residents of the City. 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY, AS FOLLOWS: 

SECTION 1:  PROHIBITION OF POSSESSION OR SALE OF PRODUCTS  CONTAINING MEPHEDRONE,       METHYLENEDIOXYPYROVALERONE (MDPV) OR ANY OTHER  CHEMICAL DERIVATIVE OF METHCATHINONE

1.1  It is unlawful for any person to display for sale, sell, give, exchange, or otherwise distribute to any person products containing Mephedrone, Methylenedioxypyrovalerone (MDPV) or any other chemical derivative of Methcathinone except as authorized by law.

1.2  It is unlawful for any person to use, or to possess with intent to use, ingest, inhale, or otherwise introduce into the human body products containing Mephedrone, MDPV or any other chemical derivative of Methcathinone except as authorized by law. 

SECTION 2:   PENALTY

 Any person violating section 1.1 or 1.2 of this ordinance shall be guilty of a Class A Misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00 or imprisonment for not more than 12 months, or both, for each offense. If current or future Kentucky Law(s) (KRS, etc.) prohibits any substance(s) contained in this ordinance, the Kentucky Law(s) (KRS, etc.) shall be applied instead of this ordinance for both prosecution and penalty. 

SECTION 3:  CONSTITUTIONALITY

 If any article, section, sentence or part of a sentence in this ordinance is found to be unconstitutional, it is the intent of the drafter to strike only the unconstitutional provision (s) and for the remainder of the ordinance to remain in effect.

First Reading:  February 13,  2012.

Enacted upon Second Reading this 12th day of  March,  2012.

RODDY HARRISON, MAYOR

ATTEST: TERESA H. BLACK, CITY CLERK

 

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE  NO.  12-002

An Ordinance to prohibit the possession, sale and use of synthetic marijuana including but not limited to the following:  AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids and HU Cannabinoids in the City of Williamsburg, Kentucky.

WHEREAS, the United States Drug Enforcement Administration (DEA) has exercised its emergency scheduling authority to temporarily control synthetic stimulants including synthetic cannabis as such action was necessary to protect the public from the imminent hazard posed by these dangerous chemicals. 

WHEREAS, the DEA’s action will make possessing and selling these synthetic stimulants or the products that contain them illegal in the United States for at least one year while the DEA and the United States Department of Heath and Human Services further study whether these chemicals should be permanently controlled. These synthetic stimulants will become temporarily designated as Schedule I substances under the Controlled Substances Act; and

WHEREAS, there has been little public education and outreach relative to the risks and effects associated with the use of substances containing these types of synthetic stimulants; and  

WHEREAS, it is necessary to preserve the peace and protect the general health, safety and welfare of the residents of the City, 

 NOW THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY, as follows:

ARTICLE 1: PURPOSE, DEFINITIONS, PROHIBITIONS AND PENALTY

SECTION 1:  PURPOSE

The purpose of this ordinance is to stop the possession or sale of synthetic marijuana including but not limited to the following:  AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids and HU Cannabinoids.  These substances are harmful if consumed and present a significant public health danger that can result in hospitalization or death.

SECTION 2: DEFINITIONS

2.1 “Synthetic cannabis” means a psychoactive herbal and chemical product that, when consumed, mimics the effects of cannabis.

2.2 “AM cannabinoids” means any synthetic cannabinoids created by Alexandros Makriyannis or his research group including but not limited to AM-087; AM-251; AM-281; AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM-694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-1116; AM-1172; AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM-2213; AM-2232; AM-2233; AM-2102; AM-4030.  The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States  Food and Drug Administration, and are dispensed in accordance with state and federal law;

2.3 “CP cannabinoids” means CP-47, 497; (C6) CP 47, 497,; (C7) CP-47, 497; (C8) CP 47, 497; (C9) CP 47, 497; CP-50 , 558-1; CP-55, 940; CP-945, 598.  The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration, and are dispensed in accordance with state and federal law;

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