The Transylvania Times -

Legal Notices for May 22, 2017

 

May 22, 2017



PUBLIC NOTICE CITY OF BREVARD

Please take notice that the City Council for the City of Brevard enacted the following Resolution on May 15, 2017. This notice is published to solicit comment from the public on the subject of the Resolution, consistent with General Statutes Sections 160A-267 and 160A-274.

Anyone who wishes to comment on the Resolution may do so by delivery of such comments to the City Attorney at the address provided below, in writing on or before Friday, June 2, 2017, at 5:00 P.M.

A RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL ESTATE TO THE Transylvania ECONOMIC ALLIANCE

Whereas, City Council has a strong interest in supporting the development and preservation of good jobs for the citizens of Brevard and Transylvania County;

Whereas, City Council has, to this end, been working with Transylvania County and with The Transylvania Partnership, Inc.(an I.R.C. Section 501(c)(3) corporation, doing business as the Transylvania Economic Alliance, and which is an authority, department, agency, board, commission or institution created and supported by Transyl-vania County within the scope and meaning of General Statutes Section 160A-274)(and which is referred to herein as the Transylvania Economic Alliance), to implement a plan and strategy to foster and encourage economic development and specifically for purposes of this Resolution, the development and preservation of good jobs in Brevard and Transylvania County;

Whereas, the City of Brevard is the owner of certain property more specifically described as a 6.43 acre parcel in a deed from P.H. Glatfelter Company, Grantor, to the City of Brevard, Grantee, in a deed recorded on November 28, 1995, in Deed Book 395, page 378; and all of the property described in a deed from Harold Siniard and wife, Thelma Siniard, Grantors, to the City of Brevard, in a deed recorded on Novem-ber 9, 2016, in Document Book 784, page 16;

Whereas, in support of its commitment to encourage and foster jobs for citizens of Brevard and Transylvania County, the City of Brevard has worked with the County of Tran-sylvania and the Transyl-vania Economic Alliance to come up with a plan that, when implemented, will result in the above described property being developed for industrial uses, and dedicated to the specific use of constructing buildings, parking and other appropriate amenities thereon which will encourage industrial development and the jobs that come with such development, and which will also ultimately be sold or leased to the private sector, which will generate tax revenue for the City of Brevard;

Whereas, it is understood by City Council that Transylvania County will designate the sum of $3,000,000.00 toward the successful completion of this plan of development, and that the Transylvania Economic Alliance will designate the sum of $1,000,000.00 awarded to it as a Golden Leaf Grant, to the successful completion of this plan of development;

Whereas, it is understood by City Council that as private businesses and industries occupy spaces on the subject property that they will pay City and County taxes, and that they will pay rentals and or purchase money to Transylvania County and to the Transyl-vania Economic Alliance, an agreed upon portion of which will be set aside and dedicated by each organization toward future economic development and jobs creation projects; and

Whereas, the City Council has now determined, pursuant to the plans for development which have been agreed upon by the City of Brevard, the County of Transylvania and the Transylvania Economic Alliance, that the property described above should be sold to the Transylvania Economic Alliance for the sum stated herein below, and subject to the terms and conditions stated herein below.

NOW, THEREFORE, BE IT HEREBY RESOLVED THAT:

Section 1: The real estate described above shall be sold to the Transylvania Economic Alliance for the sum of $80,000.00, which is the approximate cost to the City of Brevard for the acquisition of the properties described above, and that payment should be secured by deed of trust and made in installments of $20,000.00 per year over a period of four years, without interest.

Section 2: The Mayor is authorized to execute on behalf of the City, an appropriate deed conveying the subject real estate to the Transylvania Economic Alliance, along with other appropriate documents related to such sale, subject to the terms of this Resolution.

Section 3: The deed shall contain the following reversionary language:

REVERSIONARY INTEREST RETAINED BY GRANTOR: In consideration and exchange for this conveyance, Grantee agrees that upon any sale of any portion of this property, it and Transylvania County shall comply with the dedication, earmarking and use of net sales proceeds received as stated in sections (3) and (4) below; and that if either organization fails so to do, the property shall revert to Grantor immediately; further, if any of the following events occur, any unsold portion of the subject property shall revert back to the Grantor upon the Grantor filing an Affidavit of Exercise of Reversionary Interest:

(1) If the Grantee ceases to exist as an entity or ceases in working for economic development in Transylvania County for a period of one year or more;

(2) If any portion of the subject property has not been developed and leased or sold to private business or industry within a period of ten (10) years of the date of the recording of this Deed;

(3) If the County of Transylvania fails or refuses to designate and irrevocably earmark and use at least one third of rentals, sales proceeds or any other income received through the development of this property, subject to a maximum of one third of its funds devoted to the development of this property, for purposes of future economic development or job creation in Brevard and/or Transylvania County; or

(4) If the Grantee fails or refuses to designate and irrevocably earmark and use rentals, sales proceeds or any other income received through the development of this property, subject to the maximum of $1,000,000.00, for purposes of future economic development or job creation in Brevard and/or Transylvania County.

Section 4: The Transyl-vania County Commiss-ioners shall execute the deed to confirm its agreement with the terms contained therein, and especially the Reversionary Clause as to which it must agree, as stated in Section 3 of this Resolution.

Section 5: Notice of this Resolution shall be published more than ten days before the closing on the sale of this property.

Section 6: This Resol-ution shall become effective upon its adoption and approval.

Adopted and approved by City Council at its regularly scheduled meeting of the 15th day of May, 2017.

Comments should be directed in writing to:

City of Brevard

c/o Michael K. Pratt

City Attorney

35 North Gaston Street

Brevard, NC 28712

Email: mkpratt@cityofbrevard.com

M5/22/1TC-65551

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STATE OF North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION, BEFORE THE CLERK

File No. 17 E 124

IN THE MATTER OF THE ESTATE OF ALICE M. DALTON, DECEASED.

NOTICE TO CREDITORS

Having qualified as Executrix of the Estate of Alice M. Dalton (Estate File Number 17 E 124), deceased, late of Transyl-vania County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the decedent and/or the estate of said decedent to exhibit them to the undersigned in care of the Law Office of Lebensburger & Gilreath, PLLC, 211 North Main Street, Henderson-ville, NC 28792, on or before August 14, 2017 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent and/or said decedent’s estate will please make immediate payment to the undersigned.

Dated the 8th day of May, 2017.

Marian L. Dalton, Executrix

Estate of Alice M. Dalton

Evan M. Gilreath, Esq.

Attorney for Executor

Law Office of Lebensburger & Gilreath, PLLC

211 North Main Street

Hendersonville, NC 28792

M/5/8/4TC-65461

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STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

15 CVD 54

GENERAL NOTICE OF TAX FORECLOSURE SALES

COUNTY OF Transylvania, A Body Politic and Corporate, Plaintiff

vs.

LOWELL Hawkins, Owner; and BRUCE L. WILLIAMS and NARDA L. WILLIAMS, husband and wife, Beneficiaries under Deed of Trust, Defendants

Under and by virtue of a Default Judgment of the Assistant Clerk for Tran-sylvania County, North Carolina, made and entered in the action entitled “County of Transylvania vs. Lowell Hawkins, et al.” the undersigned Commiss-ioner will, on the 5th day of June, 2017, at 11:30 a.m., offer for sale and sell for cash, to the last and highest bidder at public auction, the real properties described in the attached Exhibit “A” incorporated herein by reference. Each property shall be sold separately and shall be subject to separate bids. The properties lies within Transyl-vania County, North Carolina, and are more particularly described in Exhibit “A” as follows: 1) PIN: 9506-33-6658-000, Lot 66 Patton Mountain Estates; 2) PIN: 9506-33-5602-000, Lot 67 Patton Mountain Estate; and 3) PIN: 9506-33-7461-000, Lot 68 Patton Mountain Estates, attached hereto. The sales will be held on the Transylvania Court-house steps, 7 East Main Street, Brevard, North Carolina, 28712.

The sales will be made subject to all outstanding City and County taxes and all superior restrictions of record and local improvement assessments against the above-described properties not included in the Judgment in the above-entitled cause. All junior liens will be extinguished upon sales.

The properties, together with all buildings, fixtures and improvements thereon, are being sold “as is, where is” without warranty.

The terms of sales are that the real properties described in Exhibit “A” will be sold for cash to the highest bidder and that the undersigned will require the successful bidder(s) at the sales to immediately deposit cash or a certified check in the amount of five (5%) percent of the last bid or $750.00, whichever is greater. Any successful bidder(s) shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders the bidder a Deed for the properties, or attempts tender of such Deeds. Should the successful bidder(s) fail to pay the full balance of the purchase price bid, the bidder(s) shall remain liable for said bid. The Transylvania County Tax Collector may make a credit bid.

This sales will remain open for ten (10) days, as by law required, at which time an upset bids may be made with the Clerk of Court for Transylvania County, North Carolina. The Notice may be withdrawn at any time until the conclusion of the sale.

This 28th day of April, 2017.

ROBERTS & STEVENS, P.A.

/s/V. Morgan Bryant

V. Morgan Bryant

Commissioner

P.O. Box 7647

Asheville, NC 28802

Telephone: (828) 252-6600

N.C. Bar No. 46677

Posted:

By:__/s/runner______

Date:__5/1/17______

EXHIBIT A

PIN 9506-33-6658-000, Lot 66, Patton Mountain Estates

BEING all of Lot 66 of the Patton Mountain Estates property, more fully found in Cabinet File 2, Slide 211-211A, in the Transyl-vania County Registry. This property is conveyed subject to Restrictive Covenants found in Deed Book 247, Page 820, and as amended in Deed Book 238, at Page 177, in the Transylvania County Registry.

IN ADDITION, there is hereby conveyed a right of way over the exiting road (the right of way of which is 20 feet wide, 10 feet on each side of the common property line) which runs along the common line between Lots 63 and 68. This right of way shall be for the joint use of the owners of Lots 63 and 68 and Lot 68 is herein conveyed subject to the right of the owners of Lot 63 to the use of the 10 feet of the road which lies on Lot 68.

PIN 9506-33-5602-000, Lot 67, Patton Mountain Estates

BEING all of Lot 67 of the Patton Mountain Estates property, more fully found in Cabinet File 2, Slide 211-211A, in the Transylvania County Registry. This property is conveyed subject to Restrictive Covenants found in Deed Book 247, Page 820, and as amended in Deed Book 238, at Page 177, in the Transylvania County Registry.

IN ADDITION, there is hereby conveyed a right of way over the exiting road (the right of way of which is 20 feet wide, 10 feet on each side of the common property line) which runs along the common line between Lots 63 and 68. This right of way shall be for the joint use of the owners of Lots 63 and 68 and Lot 68 is herein conveyed subject to the right of the owners of Lot 63 to the use of the 10 feet of the road which lies on Lot 68.

PIN 9506-33-7461-000, Lot 68, Patton Mountain Estates

BEING all of Lot 68 of the Patton Mountain Estates property, more fully found in Cabinet File 2, Slide 211-211A, in the Transylvania County Registry. This property is conveyed subject to Restrictive Covenants found in Deed Book 247, Page 820, and as amended in Deed Book 238, at Page 177, in the Transylvania County Registry.

IN ADDITION, there is hereby conveyed a right of way over the exiting road (the right of way of which is 20 feet wide, 10 feet on each side of the common property line) which runs along the common line between Lots 63 and 68. This right of way shall be for the joint use of the owners of Lots 63 and 68 and Lot 68 is herein conveyed subject to the right of the owners of Lot 63 to the use of the 10 feet of the road which lies on Lot 68.

Being all of the same land described in a deed from Bruce L. Williams and Narda L. Williams to Lowell Hawkins, dated January 15, 1982, and recorded in the office of the Register of Deeds for Transylvania County in Deed Book 252 at Page 838.

M/5/22/2TP-65381

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Public Notice

North Carolina Environmental Management Commission/NPDES Unit

1617 Mail Service Center

Raleigh, NC 27699-1617

Notice of Intent to Issue a NPDES Wastewater Permit

The North Carolina Environmental Management Commission proposes to issue a NPDES wastewater discharge permit to the person(s) listed below. Written comments regarding the proposed permit will be accepted until 30 days after the publish date of this notice. The Director of the NC Divis-ion of Water Resources (DWR) may hold a public hearing should there be a significant degree of public interest. Please mail comments and/or information requests to DWR at the above address. Interested persons may visit the DWR at 512 N. Salisbury Street, Raleigh, NC to review information on file. Additional information on NPDES permits and this notice may be found on our website: http://deq.nc.gov/about/ divisions/water-resources/ water-resources-permits/ wastewater-branch/npdes-wastewater/public-notices,or by calling (919) 807-6397.

A & D Water Service, Inc. has requested renewal of permit NC0059421 for the Sapphire Lakes WWTP #1 in Transylvania County, this permitted discharge is treated domestic wastewater to the Horsepasture River, in the Savannah River Basin.

M/5/22/1TC-65550

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E143

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Sallye Sandifer Parsons of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Sallye Sandifer Parsons to present them to the undersigned on or before August 22, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: May 22, 2017.

Ruth Zaleon

305 Red Oak Lane

Brevard, NC 28712

Meredith C. Brooks

433 Purple Finch Trail

Brevard, NC 28712

Attorney:

Brian P. Philips

30 N. Country Club Road

Brevard, NC 28712

M/5/22/4TC-65546

__________________________________________________

STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-125

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Thomas Earl Simpson of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Thomas Earl Simpson to present them to the undersigned on or before August 8, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: May 8, 2017.

Teresa H. Simpson

117 First Street

Pisgah Forest, NC 28768

M/5/8/4TP-65441

__________________________________________________

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 17-E-110

North CAROLINA

Transylvania COUNTY

IN THE MATTER OF THE ESTATE OF

Patricia Ann Tooley, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Patricia Ann Tooley, deceased, late of Transyl-vania County, North Carolina, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before August 8, 2017, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

This the 8th day of May, 2017.

David S. Tooley, Executor

Estate of Patricia Ann Tooley

Lee C. Mulligan, Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/5/8/4TC-65439

__________________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17E137

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Gene H. Hall of Transyl-vania County, North Carolina, this is to notify all persons having claim against the Estate of Gene H. Hall to present them to the undersigned on or before August 15, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: May 15, 2017.

Grace A. Hall

198 Calvert Road

Brevard, NC 28712

M/5/15/4TP-65521

__________________________________________________

STATE OF North CAROLINA

COUNTY OF Transylvania

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 17-E-142

EXECUTOR’S –- ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Leona M. Dowell of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Leona M. Dowell to present them to the undersigned on or before August 22, 2017 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: May 22, 2017.

Sandra R. Case

1268 Lyday Creek Road

Pisgah Forest, NC 28768

M/5/22/4TP-65545

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