The Transylvania Times -

Legal Notices for 5-6 -13

 


Crown Castle is proposing to increase the height of an existing 91-foot telecommunications tower to 120 feet at the following site: NC 800756 Shuford Mountain CCI located at 1706 Hendersonville Hwy in Brevard, NC - Lat: N 35° 16’ 31.42” N Long: -82° 38’ 13.0” W. No lighting is proposed on the tower. Crown Castle invites comments from any interested party on the impact of the proposed action on any districts, sites, buildings, structures or objects significant in American history, archaeology, engineering or culture that are listed or determined eligible for listing in the National Register of Historic Places and/or comments on whether the proposed action may have a significant impact on the quality of the human environment. Specific information regarding the project is available by calling Barbara Hamilton at 724-416-2000 during normal business hours or by mail at Crown Castle USA - 2000 Corporate Drive, Canonsburg, PA 15317 attn: Legal Dept. Comments must be received by June 5, 2013.

M/05/06/1TP

NOTICE OF

PUBLIC SALE

PURSUANT TO

N.C. G.S. 44A-43(c)

Name and Address of Lienor:

Pisgah Mini Storage LLC

281 Whitmire St.

Brevard, NC 28712

Various items of personal property located at the above address are being sold pursuant to the assertion of a lien for rental at the self-service storage facility named above. Said items of property include miscellaneous items of personal belongings.

Unit numbers:

A13, A22, B3,

B5, C8, F29, I26,

K11, K13, K20

Place of sale:

Pisgah Mini Storage LLC

281 Whitmire St.,

Brevard, NC

Date of sale:

Saturday, May 18th, 2013

Time of sale:

10:00 a.m.

MT04/22/8TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13E139

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Barbara E. Ferris of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara E. Ferris to present them to the undersigned on or before August 6, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: May 6, 2013

Wells Fargo N.A.

By Cathleen Reid, Trust Officer

PO Box 41629

Austin, TX 78704-9926

Attorney:

Brian P. Phillips

PO Box 432, Brevard, NC 28712

M05/06/4TP

NOTICE OF

DISCHARGE OF UNTREATED SEWAGE

The City of Brevard experienced a discharge of untreated sewage from the sewer pump station located on Neely Road. The discharge event occurred at approximately 11:30 PM on Sunday, April 28, 2013 as the pump station was shut down in order for a high priority sewer main to be repaired. Two sections of 14” ductile iron force main pipe ruptured on Old Highway 64 and Collections System personnel were able to complete the repair early on Monday, April 29, 2013. When alerted the spill response team mobilized and captured some 70,000 gallons of sewage from the Neely Road discharge site which was disposed of at the Waste Treatment Facility.

The City of Brevard remains committed to protecting our natural resources by annually dedicating $100,000 towards an ongoing Inflow / Infiltration Reduction Program to eliminate rain-attributed sanitary sewer overflows (SSO’s) from broken or improperly attached sewer lines, cleanouts, roof drains, and sump pumps through repair and public education, and additionally through capital improvement projects including major sewer line replacements located in the Brushy Creek and Kings Creek basins. As recommended by previous analysis, CDM Smith has performed a flow monitoring study, and data received from this study is currently under review. When complete, this data will provide information for the creation and implementation of a Wastewater Collection System Improvements Plan.

The City of Brevard reminds all customers any discharge of storm water, surface water, groundwater, roof runoff, and subsurface drainage connected to the city sewer system is a violation of the City Code of Ordinances. Customers uncertain of the soundness of their connection to the sewer system may call the City of Brevard Public Services, (828) 884-2171, to confirm if they have a broken cleanout or improperly attached roof drain or sump pump. This notice was required by North Carolina General Statutes Article 21 Chapter 143.215.C.

This the 1st of May, 2013.

Joseph M. Moore, II, City Manager

City of Brevard

95 W. Main Street

Brevard, NC 28712

M005/06/1TC

NOTICE OF PUBLIC HEARING

CITY OF BREVARD

Proposed Conditional Zoning District and

Amendment to the City of Brevard Official Zoning Map

The Brevard City Council will hold a public hearing on Monday, May 20, 2013. 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:

Proposed Conditional Zoning District and Amendment to the Official Zoning Map to establish the Brenton Conditional Zoning District. The property in question is located on Old Hendersonville Highway and is known and identified by the following property identification number (PIN) and deed reference: 8596-25-9766-000; Deed Book 094 Page 291.

The public is invited to attend this public hearing and make comment, either in favor of or in opposition to the proposed Conditional Zoning District. The Conditional Zoning District Application and documentation is available for review online at the Brevard Planning Department and available for public inspection during normal hours, Monday-Friday, 8:30 a.m. to 5:00 p.m. For additional information you may call the City Planning Department at (828) 885-5630.

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 the 29th day of April, 2013.

Desiree D. Perry, CMC, NCCMC

City Clerk

M05/06/2TC

SECOND AMENDED NOTICE OF

FORECLOSURE SALE

FILE NO. 12-SP-0067

Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Camptown Construction, LLC to MTNBK, LTD, Trustee, dated December 19, 2007 and recorded in Book 440, at Page 652 in the Transylvania County Registry, Brevard, North Carolina, default having been made in the payment of the Note thereby secured by the said Deed of Trust, and the undersigned having been substituted as Trustee in said Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Brevard, Transylvania County, North Carolina, on May 20, 2013 at 11:00 A.M. and will sell to the highest bidder for cash the following real estate:

Generally described as certain real property, with any and all improvements thereon, located in Transylvania County, North Carolina, and being more particularly described as follows:

Lot 0-8 of Park Place, as shown on the plats recorded in Plat File 8, Slide 413, in the Office of the Register of Deeds for Transylvania County, North Carolina, reference to which is hereby specifically made.

Together with a right-of-way over the roads shown on the plats referred to above for ingress and egress between the above described property and U.S. Highway 64.

Subject to the Declaration of Covenants of Straus Park and the Park Place Covenants, dated December 31, 1997, and recorded in Book 426, Page 341 and amended in Book 439, Page 156, in the Office of the Register of Deeds for Transylvania County, North Caroina, reference to which is hereby specifically made.

Subject to the restriction that any building constructed on the site shall be no larger than 2,350 square feet whether or not the building is less than 2,350 square feet.

Subject to the building setback lines and utility easements as shown and referrred to on the above referenced plats.

TOGETHER with and subject to all rights of way, easements and restrictions appurtenant to the Grantors.

Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 440, at Page 652 in the office of the Register of Deeds of Transylvania County.

This is the same property described in the Deed of Trust recorded in Book 440, at Page 652 in the office of the Register of Deeds of Transylvania County.

The current property owner is Camptown Construction, LLC.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics’ and materialmen’s liens, and any recorded releases.

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS, AND WITH ALL FAULTS.” Neither the Substitute Trustee nor the Holder of the Note secured by the Deed of Trust/Security Agreement, or both, 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 of 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 condition expressly are disclaimed.

To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.

A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee’s Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee’s 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 may remain liable on his bid as provided for in N.C. Gen. Stat. § 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the county in which the property is sold.

In accordance with N.C. Gen. Stat. § 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 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 the termination.

This the 30th day of April, 2013.

Lance P. Martin

For WASLAW, LLC, Substitute Trustee

Post Office Box 2020, Asheville, NC 28802-2020

Telephone: 828.348.6070

M05/06/2TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13E120

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Betty Jo Bramlett Cox, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Betty Jo Bramlett Cox to present them to the undersigned on or before July 29, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 29, 2013

Clinton Ray Cox

203 Stone Chimneys Road

Nellysford, VA 22958

M04/29/4TP

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13-E-123

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Personal Representative of the Estate of Bruce D. Smith, of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Bruce D. Smith to present them to the undersigned on or before July 29, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 29, 2013

Dorothy Jean Fisher

Personal Representative

C/O Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

Attorney:

Michael K. Pratt

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

M04/29/4TC

STATE OF

North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL

COURT OF JUSTICE

SUPERIOR COURT

DIVISION

FILE NO 13-E-124

EXECUTOR’S –

ADMINISTRATOR’S

NOTICE

Having qualified as Executor of the Estate of Charles Danny Hall of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Charles Danny Hall to present them to the undersigned on or before July 29, 2013 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: April 29, 2013

Ian P. Hall

674 Pridmore Hollow Road

Hendersonville, NC 28739

M04/29/4TP

 
 

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