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Legal Notices for 2/22/2012, page 1


 

 

 NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky issued an order on January 26, 2012, scheduling a hearing to be held on March 9, 2012, at 10:00 a.m., Eastern

Standard 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. 2011-00484, which is An Examination of the Application of the Fuel Adjustment Clause of Kentucky Utilities Company from May 1, 2011 through October 31, 2011.

Kentucky Utilities Company

220 West Main Street, Louisville, Kentucky 40202

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0432 AM#1

in accordance with KRS 350.055, notice is hereby given that Fraziernantz, 541 Blakes Fork Road, Williamsburg, KY 40769 has applied for an Amendment for a surface coal mining and reclamation operation to add 9.62 surface acres and 27.67 underlying acres, for a total of 26.07 surface and 72.84 underlying located 1.0 mile southwest of Yaden in Whitley County.

The proposed operation is approximately 1.0 mile southwest from KY 904’S junction with Dal Road and located 0.1 mile west of the Cumberland River. The Latitude is 36-43-23 and the Longitude is 84-06-20.

The proposed operation is located on the Saxton U.S.G.S. 7 1/2-minute quadrangle map. The operation will use the surface and auger methods of surface mining. The surface area is owned by Perry Lawson.

The 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.

 

PUBLIC NOTICE

An ordinance amending the Whitley County Budget for Fiscal Year 2011-2012, to include unanticipated receipts increasing/decreasing from the General, Road, Jail, Ambulance and 911 funds in the amount of $195,783.00 and increasing / decreasing expenditures from the General, Road, Jail, Ambulance and 911 Funds in the amount of $195,783.00 was passed on 02/21/12.  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. GATLIFF COAL COMPANY, 9180414, 01/26/2012; MOUNTAINSIDE COAL CO INC., 9180422, 01/06/2012.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 09-CI-00597

BAC HOME LOANS SERVICING, LP fka COUNTRYWIDE HOME LOANS SERVICING LP, PLAINTIFF, VS. TERRENCE W. CROUSE; “MERS”, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for COLORADO FEDERAL SAVINGS BANK, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on January 19, 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, March 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Terrence W. Crouse, plus costs, is as follows:

(1) The principal sum in the amount of $145,453.65, plus interest on the principal sum at the rate of 7.375% per annum from April 1, 2009 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 property to be sold is as follows:

Property Address: 310 West Gordon Street, Corbin, KY 40701

Parcel No.: 137-32-04-001.00

Legal Description:

Situated in the City of Corbin, County of Whitley, and State of Kentucky, to-wit:

Beginning at the Northeast corner of Gordon and Padgett Streets in Corbin; thence North with the East line of Padgett Street One hundred ten (110’) feet to the South line of Center Street; thence East with the South line of Center Street Eight-nine (89’) feet to a stake; thence South One Hundred Forty-one (141’) feet to the North line of Gordon Street; thence West with the North line of Gordon Street Eighty (80’) feet to the beginning.

Being the same property conveyed to Terrence W. Crouse, single, by virtue of a deed from Bryan Curd and his wife, Sandra Curd, dated June 29, 2006, filed July 05, 2006, recorded in Deed Book 0470, Page 304, county Clerk’s Office, Whitley County, Kentucky.

Property Address: 310 West Gordon Street, Corbin, KY 40701

Parcel Number:   137-32-04-001.00

Subject to all restrictions, conditions and covenants and to all legal highways and easements.

Commonly known as: 310 West Gordon Street, Corbin, KY 40701

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 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 17th day of February, 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-00383

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, PLAINTIFF, VS. RAYMOND PETREY; JANICE CARTER; BLUE WORLD POOLS, INC.; COUNTY OF WHITLEY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

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

The judgment against the defendants, Raymond Petrey and Janice Carter, plus costs, is as follows:

(1) The principal sum in the amount of $71,358.11, plus interest from 10/1/10 to 9/31/2011 in the amount of $4,742.32, plus escrow in the amount of $140.80, plus property inspection fees in the amount of $14.00, plus property preservation in the amount of $28.00, for a total in the amount of $76,283.23, together with interest at the rate of 7.2500 percent per annum from the above date until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including a reasonable attorney fee in the amount of $1,350.00, and for any other fees expended for services performed in the connection with the Defendant’s default and for the purposes of protecting Plaintiff’s interest in the property and its rights under the mortgage instrument.

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

The property to be sold is as follows:

Property address is: 192 Hightop Road, Corbin, KY 40701.

Being a part of Lot No. 3, Block “E”, of the Jack Reasor Farm Subdivision, and being a lot facing a road or street a distance of 150 feet and extending back a distance of 100 feet, and more particularly described as follows:

BEGINNING at a stake at the corner of Lot Number 3 and Tract 1, Block “E”, of the said subdivision; thence Northeast 100 feet to the corner of Lot Number 5, in Block “E”; thence Southeastward with the line of Lot No. 6 in Block “E” a distance of 150 feet to a stake in Rotha Reeves’ line; thence Southward a distance of 100 feet to a stake in the road or street and Rotha Reeves’ lot’ thence Northeastward a distance of 150 feet with the line of the road or street to the BEGINNING.

Being the same property conveyed to Pamela S. Lawson from Donald R. Peterson and his wife Barbara J. Peterson and recorded on August 15, 2001 in Deed Book 426, Page 506 of the Whitley County Court Clerk’s Office.

Also being the same property conveyed to Raymond Petrey (single) and Janice Carter (Single) from Pamela Lawson Kirby and her husband George Preston Kirby by Deed recorded on September 21, 2007 in Deed Book 479 at page 464 in 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, it shall be entitled to a credit of its judgment against the purchase, and shall only be required to pay the court costs, the fees and costs of the Master Commissioner, and any real estate taxes payable pursuant to the Judgment, 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 17th day of February, 2012.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

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. 11-CI-00154

JIMMY VANCE, d/b/a VANBAR OUTDOOR ADVERTISING, PLAINTIFF, VS. MOUNTAIN VIEW LODGE, LLC; WHITAKER BANK and COMMONWEALTH OF KENTUCKY; 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 door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, March 12, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendant, Mountain View Lodge, LLC, plus costs. 

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

Property Address:  2615 Cumberland Falls Highway, Corbin, Kentucky 40701.

BEGINNING at a concrete right of way monument being 50 feet right (south) from approximate centerline Station 4+04 of U.S. Highway No. 25W (Cross Road No. 6).  Said right of way monument also being a northeast corner or property presently occupied by the McKinley Restaurant; thence leaving the south right of way of U.S. Highway No. 25W, S 11 degrees 28 minutes E in part with an east line of property present occupied by the McKinley Restaurant, 517.60 feet to a point; thence S 78 degrees 32 minutes W 148.00 feet; thence S 05 degrees 45 minutes E, 519.60 feet; thence N 78 degrees 32 minutes E, 323.00 feet; thence N 11 degrees 28 minutes W 120.00 feet; thence N 78 degrees 32 minutes E 98.00 feet; thence S 70 degrees 37 minutes E 226.12 feet to a point in the west Controlled Access right of way of Interstate 75.  Said point being 227.50 feet left (west) from approximate centerline Station 1320+77 of Interstate 75; thence continuing with the west Controlled Access right of way of Interstate 75, with a fence N 09 degrees 00 minutes E 269.96 feet to a fence post.  Said fence post being 110 feet right (west) from approximate centerline Station 8+80.63 the P.C. Station of a curve on Entrance Ramp B., Exit No. 24, of Interstate 75; thence N 04 degrees 10 minutes W 180.91 feet to a fence post being 100 feet right (west) from approximate centerline Station 7+00 of said Entrance Ramp B, Exit No. 24 of Interstate 75; thence N 07 degrees 20 minutes W 100.00 feet to a fence post being 100 feet right (west) from approximate centerline Station 6+00 of said Entrance Ramp B., Exit No. 24 of Interstate 75; thence N 10 degrees 46 minutes W 250.45 feet to a fence post being 115 feet right (west) from approximate centerline Station 3+50 of said Entrance Ramp B., Exit No. 24 of Interstate 75; thence N 05 degrees 25 minutes W 204.38 feet to a fence post being approximately 120 feet left (south) from approximate centerline Station 9+95.50 of U.S. Highway No. 25W (Cross Road No. 6); thence leaving the west Controlled Access Right of way of Entrance Ramp B, Exit No. 24 of Interstate 75, continuing with the south right of way of U.S. Highway No. 25W (Cross Road No. 6) N 76 degrees 56 minutes W with a fence 142.27 feet to a fence post being 70 feet right (south) from approximate centerline Station 8+59.70 of U.S. Highway No. 25W (Cross Road No. 6).  Said Station also being the P.T. Station of a curve having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a tangent distance of 388.55 feet with a total arc length of 751.00 feet, thence leaving said right of way fence, continuing with said curve to the right having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a line running 70 feet south from and parallel to the centerline of US 25W along a chord length being 129.03 feet bearing S 80 degrees 27 minutes W to a point being 70 feet right (south) from approximate centerline Station 7+24.06.  Said point also being a northeast corner of property present occupied by the Gulf Oil Corporation Service Station; thence leaving the south right of way of U.S. 25W, continuing with the lines of property being present occupied by the Gulf Oil Corporation Service Station, S 15 degrees 03 minutes E 199.40 feet; thence S 74 degrees 57 minutes W 150.00 feet; thence N 15 degrees 03 minutes W 200.00 feet to a point in the south right of way of U.S. Highway No. 25W.  Said point being 70 feet right (south) from approximate centerline Station 5+68.00; thence continuing with said curve to the right having a radius of 1362.50 feet, a central angle of 31 degrees 50 minutes right, a degree of curvature of 4 degrees 12 minutes, a line running from a point being 70 feet right (south) from approximate centerline Station 6+00 to a point being 50 feet right (south) from approximate centerline Station 4+04 along a chord length being 156.70 feet bearing S 74 degrees 56 minutes W, said point being 50 feet right (south) from approximate centerline Station 4+04 being the BEGINNING corner.

There is excepted and not conveyed herein that certain tract or parcel of land conveyed to Pine Mountain Realty, Inc. from Allan V. Rose and Christina Rose, his wife, by deed dated September 22, 1995, as appears of record in Deed Book 381, at page 548, Whitley County Court Clerk’s Office, Williamsburg, Kentucky.

The party of the first part does hereby convey unto the party of the second part all its rights to certain easements reserved and granted unto it, as follows:

1. The water service main which crosses the real property conveyed herein, as well as the water pump station located on Tract 1 of the Exception listed in the preceding paragraph.

2. The South Central Bell overhead telephone lines and the South Central Bell easement which is known to exist, but is not of record in the Whitley County Court Clerks’ Office.

3. The City of Corbin sanitary sewer pump station easement which is known to exist, but is not of record in the Whitley County Court Clerk’s Office.

4. The Cumberland Valley RECC easement which is known to exist, but is not of record in the Whitley County Court Clerk’s Office.

5. Overhead electric lines which cross the real properties herein conveyed.

6. American Telephone and Telegraph right of way and easement for a communications system, which easement is more particularly described in Miscellaneous Book 66, Page 219, Whitley County Court Clerk’s Office.

7. Any and all overhead utility services, electric and telephone lines.

BEING ALL OF THE SAME PROPERTY acquired by Mountain View Lodge, LLC by deed from Corbin Hospitality Group, Inc., dated May 31, 2007 and recorded July 23, 2007 in Deed Book 478, at page 310.

TERMS OF SALE

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