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Legal Notices For 4-23-12

 


NOTICE OF PUBLIC HEARING

CITY OF BREVARD

Proposed Amendment to the Transylvania County

Comprehensive Transportation Plan

The Brevard City Council will hold a public hearing on Monday, May 7, 2012. The hearing will begin at 7:00 p.m. or as soon thereafter as possible in the Council Chambers of the Municipal Building located at 95 West Main Street to consider the following:

The City of Brevard and Transylvania County are considering a proposed amendment to the Comprehensive Transportation Plan for Transylvania County. The Comprehensive Transportation Plan, adopted in May, 2007, sets forth major transportation improvement priorities based upon anticipated needs over a 25 year timeframe. The proposed amendment would add the “Davidson River Village Connector Road” to the existing list of recommended transportation improvements as outlined in the current Comprehensive Transportation Plan. A map and project draft design of the proposed Davidson River Village Connector Road is available for review online at http://cityofbrevard.com/ or http://landofskyrpo.org/ public_involvement. A map and project draft design, and a copy of the 2007 Comprehensive Transportation Plan for Transylvania County, is available for review Monday-Friday, 8:30 a.m.-5:00 p.m. in the Brevard Planning Department, 95 West Main Street, Brevard, NC 28712.

The public is invited to attend and participate in this public hearing and make comment, either in favor of or in opposition to the proposed amendment.

Meeting facilities are handicap accessible and anyone needing special assistance should call the City Clerk at (828) 885-5614 at least 72 hours prior to the scheduled meeting.

This 18th day of April, 2012.

Desiree D. Perry

City Clerk

M04/23/2TC

RESOLUTION

Concerning the Counting of Absentee Ballots

WHEREAS, North Carolina General Statute 163-234 authorizes a county board of elections to establish a place and a time between the hours of 2:00 p.m. and 5:00 p.m. on election day for the counting of absentee ballots; and,

WHEREAS, NCGS 163-234 also authorizes a county board of elections to meet in the board office on election day for the purpose of counting absentee ballots; now,

THEREFORE, BE IT RESOLVED by the Transylvania County Board of Elections that

1) The Transylvania County Board of Elections shall meet at 2:00 o’clock p.m. on Tuesday, May 8, 2012 in the office of the Board, 221 Gaston Street, Brevard, North Carolina, to count absentee ballots.

2) Any voter of the county may attend this meeting and observe the count.

3) The results of the absentee ballot count will not be announced before the close of polls on that day.

BE IT FURTHER RESOLVED that this resolution be published in The Transylvania Times once each week for two weeks prior to the primary election to be held on May 8, 2012.

This the 3rd day of April, 2012.

TRANSYLVANIA

COUNTY

BOARD OF ELECTIONS

John R. Hudson, Jr .,

Chairman

ATTEST:

Ladene H. Newton,

Secretary

David P. Morrow, Member

M04/23/2TC

STATE OF North Carolina IN THE

GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

Transylvania COUNTY

BEFORE THE CLERK

11 SP 196

IN THE MATTER OF THE FORECLOSURE Of a Deed of Trust Executed by GEORGE L. WILLIAMS and KATHIE T. WILLIAMS dated

September 28, 2001 and recorded in Deed of Trust

Book 69, at Page 853, Transylvania County

Registry. See Substitution of Trustee recorded in

Book 588, at Page 509 and corrective Substitution of Trustee recorded in Book 605, at

Page 418.

NOTICE OF

SUBSTITUTE TRUSTEE’S SALE OF REAL ESTATE

By: Jason M. Peltz,

Attorney for Substitute Trustee

And Noteholder

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by George L. Williams and wife, Kathie T. Williams, dated September 28, 2001, and recorded in Book 69, at Page 853 in the Office of the Register of Deeds for Transylvania County (see Substitution of Trustee recorded in Book 588, at Page 509 and Corrective Substitution of Trustee recorded in Book 605, at Page 418), and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and pursuant to an Order entered by the Clerk of Superior Court and pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the Substitute Trustee, Phillip Price, will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Transylvania County, located at 7 E. Main St ., Brevard, NC 28712, at 11:00 AM on the 2nd day of May, 2012, all of those certain lots or parcels of real estate, including all improvements and fixtures located thereon, situated, lying and being in Transylvania County, North Carolina, and more particularly described as follows:

PROPERTY DESCRIPTION:

Lying and being in Transylvania County, North Carolina and being more particularly described as follows:

BEGINNING at a 30-inch White Oak, common corner of the Grantee and Floyd Myers, and runs thence with the line between them; South 27 deg. 31 min. 27 sec. East 60.76 feet to a inch iron rod; Lillie E. Siniard’s beginning corner of Tract 2; thence with her line, South 46 deg. 18 min. 23 sec. West 44.60 feet to a inch iron rod; thence North 25 deg. 06 min. 45 sec. West (passing a inch iron rod at 170.27 feet, another inch rod at 222.32 feet, another inch iron rod at 277.22 feet, and another inch iron rod at 314.88 feet) 320.12 feet to a inch iron rod; thence North 09 deg. 20 min. 50 sec. East 158.38 feet to the Northernmost corner of Lot 39 of Norwood Subdivision, in the Western margin of right-of-way of Azalea Avenue (SR 1554); thence with said margin five (5) calls as follows: South 71 deg. 24 min. 38 sec. East 27.63 feet; South 57 deg. 00 min. 15 sec. East 35.77 feet; South 44 deg. 07 min. 40 sec. East 39.8 feet; South 35 deg. 03 min. 29 sec. East 49.49 feet to a inch iron rod, and South 25 deg. 06 min. 45 sec. East (passing a inch iron rod at 32.59 feet, another inch iron rod at 89,59 feet, and another inch iron rod at 145.11 feet) 201.25 feet to an old iron pipe, Northeast corner of Floyd Myers; thence with the line between Grantee and Floyd Myers two (2) calls: South 66 deg. 54 min. 06 sec. West 97 feet to a inch iron rod, and South 06 deg. 46 min. 56 sec. East 44.37 feet to the BEGINNING> Being all of Lots 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 and the Northwest part of Lot 23, the Western part of 24, 25, 26 and 27, all of Norwood Subdivision, originally recorded in Plat Book 1, Page 39, now in Plat Cabinet A, Slide 20. As resurveyed on August 6, 1986, by P. Robert Raxter, RLS, on an unrecorded plat entitled “a division of a portion of the J.N. Siniard Estate, being Tracts 3, 4, 5, 6 and 7 on which the rental houses known as 120, 122, 124, 126, 128 and 128 Azalea Avenue are located. The Grantors have made this deed to the Grantees so as to more accurately define the property devised to the Grantee in the Will of Jerome N. Siniard in Will File 85-E-176 in the Transylvania County Clerk of Superior Court’s office, and also to signify their acceptance of the boundary lines established by the aforesaid P. Robert Raxter, RLS.

TOGETHER WITH AND SUBJECT TO easements, rights of way and conditions, covenants and restrictions of record.

RECORD OWNER of the above described real property as reflected on the records of the Office of the Register of Deeds for Transylvania County not more than ten (10) days prior to the posting of this notice is George L. Williams and wife, Kathie T. Williams.

The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid, or Seven Hundred Fifty Dollars ($750.00) may be required at the time of sale. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in NCGS 45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.

The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “As Is, Where Is.” Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed. The property will be sold subject to restrictions, easements and other matters of record, any unpaid taxes, prior mortgages, deeds of trust and liens, special assessments, any transfer tax associated with the foreclosure and any tax required to be paid by NCGS 7A-308(a)(1). This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of one hundred twenty (120) days following confirmation of the sale. The real property may be sold in separate parcels, all together or in any manner the Substitute Trustee determines is appropriate. The sale will be held open for ten (10) days for upset bids as required by law. Any purchaser of the real property will be required to pay all transfer taxes and recording fees.

An order for possession of the property being sold may be issued pursuant to NCGS 45-21.29 in favor of the purchaser and against the party or parties in possession, by the Clerk of Superior Court for Transylvania County.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving notice of sale, terminate the rental agreement upon ten days’ written notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.

This the 28th of March, 2012.

Jason M. Peltz,

Attorney for Substitute Trustee and Noteholder

Peltz Law Firm, PLLC

7 Orchard Street, Suite 100

Asheville, NC 28801

(828)255-2728

M04/16/2TP

STATE OF North CAROLINA IN THE GENERAL COURT OF JUSTICE

COUNTY OF

Transylvania SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 2012-E-90

______

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executrix of the Estate of Jean S. Parker of Transylvania County, North Carolina, this is to notify all persons having claims against the estate of Jean S. Parker to present them to the undersigned on or before July 5, 2012, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 30th day of March, 2012.

Cynthia Parker Platt,

Executrix

52 Lakeview Drive

Brevard, NC 28712

Gayle E. Ramsey

Attorney at Law

Ramsey & Pratt, P.A.

35 North Gaston Street

Brevard, NC 28712

828-884-4113

M04/02/4TC

STATE OF North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 12E87

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Grace Kilstrom Houston of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Grace Kilstrom Houston to present them to the undersigned on or before July 9, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 9, 2012

Melody Robin Stickney

25 West Black Oak Drive

Asheville, NC 28804

M04/09/4TP

STATE OF North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 12E92

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Leonore Crary Hauck of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Leonore Crary Hauck to present them to the undersigned on or before July 9, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 9, 2012

Amy F. Huntley

84 Meadow View Road

Brevard, NC 28712

M04/09/4TP

STATE OF North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 12E104

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Amy Louise M. Corn of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Amy Louise M. Corn to present them to the undersigned on or before July 23, 2012 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 23, 2012

Rene C. Greene

780 Davidson River Road

Pisgah Forest, NC 28768

M04/23/4TP

STATE OF North Carolina COUNTY OF Transylvania IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

EXECUTOR’S — ADMINISTRATOR’S

NOTICE

FILE NO .: 12-E-79

Having qualified as Executor of the Estate of Toni Rose Roop of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Toni Rose Roop to present them to the undersigned on or before July 2, 2012, or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 2, 2012.

Laura Elizabeth Roop

27 Jumping Branch Lane

Brevard, NC 28712

M04/02/4TP

 
 
 
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