The Transylvania Times -

Legal Notices: January 20, 2020

 

January 20, 2020



IN THE MATTER OF:

The Foreclosure by David Budd, Substitute Trustee, of Deed of Trust executed by Penrose Commercial, LLC, a North Carolina Limited Liability Company, dated May 29, 2014, recorded in Book 694, page 342, Office of the Transylvania County Register of Deeds. Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Penrose Commercial, LLC, to Gavin Brown, Trustee, which was dated May 29, 2014, recorded in Book 694, page 342, Office of the Transylvania County Register of Deeds. Default having been made of the Promissory Note thereby secured by the said Deed of Trust and the undersigned, David Budd, having been substituted as Trustee in said Deed of Trust, and the holder of the Promissory Note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the front door of Transylvania County Justice Center, or the usual and customary location at the county courthouse for conducting the sale, on January, 2020, at 11:00 a.m. and will sell to the highest bidder for cash the following described real property [“the Property”] situated in Transylvania County, North Carolina: Beginning at a new iron pin located at the Northwest comer of Lot #C1 as shown on that plat entitled “Subdivision Plat for Penrose Commercial, LLC” referenced below thence from said beginning point South 12 degrees 50 minutes 00 seconds East 365.89 feet to a point located in the northern boundary of Tract B described in Deed Book 177 at Page 702 Transylvania County Registry; thence with the northern boundary of same South 79 degrees 16 minutes 46 seconds West 245.40 feet to a point located at the Southeast comer of Tract C (revised) thence with the eastern boundary of same North 10 degrees 02 minutes 15 seconds West 377.10 feet to a point located at the southern margin of a 45 foot Private Right of Way; thence with the southern margin of same North 84 degrees 09 minutes 28 seconds East 162.75 feet to a point thence North 77 degrees 10 minutes 00 seconds East 65.30 feet to the point and place of beginning. Being two (2) acres more or less and being all of that property designated as Lot #C3 as shown on that plat entitled Subdivision Plat for Penrose Commercial, LLC prepared by Clarence A. Jenkins, P.L.S. dated November 26, 2008 and revised May 19, 2014 and being Job #08-091, reference to which is hereby made and incorporated herein for greater certainty of description. This property is conveyed together with and subject to all of those right of ways as shown on said above referenced plat and together with and subject to those rights of way reserved and conveyed in Deed Book 177 at Page 705, Transylvania County Registry. This property is further conveyed subject to that right of way 20 feet in width running along this eastern boundary of the subject real property said right of way also being shown on the above referenced plat. And being a portion of that property described in Deed Book 177 at Page 705, Transylvania County Registry. Said property is to be offered pursuant to this Notice of Sale for sale, transfer and conveyance “AS IS WHERE IS” and there are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the Property. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the Property is Penrose Commercial, LLC. A cash deposit (no personal checks will be accepted) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all of the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. An order for possession of the Property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of 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 the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord. The notice shall also state that 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. If the Substitute Trustee is unable to convey title to the Property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons for such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes the challenge to have merit, may request the Court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

David Budd,

Substitute Trustee,

207 Hillside Street, Asheville, NC 28801, 828.350.3814

CN: January 16, 2020, January 20, 2020

TM/1/16/2TP-73285

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North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE: 19 E 380

IN THE MATTER OF THE ESTATE OF

PRISCILLA P. SMITH, DECEASED

NOTICE TO CREDITORS AND DEBTORS

Having qualified as Executor of the Estate of Priscilla P. Smith, deceased, late of Transylvania 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 April 6, 2020, 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 6th day of January, 2020.

Eli M. Jones, Executor

Estate of Priscilla P. Smith

Lee C. Mulligan,

Attorney at Law

Strauss Attorneys, PLLC

104 N. Washington St.

Hendersonville, NC 28739

(828) 696-1811

M/1/6/4TC-73239

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E05

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-Executors of the Estate of Geraldine Shelton Whitmire of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Geraldine Shelton Whitmire to present them to the undersigned on or before April 13, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 13, 2020.

Laury Pressley

PO Box 1707

Brevard, NC 28712

Virginia Honeycutt

1983 King Road

Pisgah Forest, NC 28768

M/1/13/4TP-73286

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Chevy Impala

Bid

Transylvania County Schools has received a bid of $1,100 for a 2006 Chevrolet Impala. Upset bids of no less than $1,205.00 may be submitted by January 26, 2020 to:

Norris Barger

Transylvania County Schools

225 Rosenwald Lane

Brevard, NC 28712

M/1/20/1TC-73333

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STATE OF North CAROLINA

COUNTY OF Transylvania IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NO. 20-E-10

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of June E. Calyore of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of June E. Calyore to present them to the undersigned on or before April 20, 2020, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 20th day of January, 2020.

Michael K. Pratt,

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

828-884-4113

M/1/20/4TC-73327

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Preliminary Public Notice for Potential Impacts to Floodplains

Brevard College intends to seek financial assistance from USDA, Rural Development to develop sites already owned by the College, internal to the main campus. The scope of the project includes site grading, landscaping, storm drainage, and erosion control for the construction of a new residence hall, fieldhouse, athletic field seating, and maintenance shop. Proposed plans also call for the paving of an existing roadway and the replacement of a paved roadway. An approximately 20,000 square foot residence hall is proposed located on the southern end of The Residential Village. An approximate 7,500 square foot field house and 3,000 square foot stadium seating is proposed adjoining the Ives-Lemel Family Athletic Field. An approximate 7,500 square foot maintenance shop is proposed to the east of the Gil Coan Baseball Field. Improvements also include the replacement of approximately 1,100 linear feet of West Campus Drive and a parking lot with the Coltrane Commons Quad and Promenade, and the paving of a dirt and gravel road extending from Kings Creek Loop to Neely Road. Approximately 0.50 acres of an asphalt parking lot associated with the proposed Athletic Fieldhouse, and approximately 1,000 linear feet of the improved road from Kings Creek Loop to Neely Road will be within the 100-Year Floodplain.

Brevard College’s proposed project will allow for the growth of their experiential curriculum through academic initiatives and an opportunity to increase the colleges retention to better serve the students’ academic and residential needs. The aesthetics will be improved by utilization of old abandoned sewage disposal plant, gravel road, and undeveloped land on campus.

If implemented, the proposed project will impact areas within the 100-Year Floodplain. In accordance with Executive Order 11988, Floodplain Management and USDA Departmental Regulation 9500-3, Land Use Policy, the purpose of this notice is to inform the public of this proposed conversion or effect and request comments concerning the proposal, alternative sites or actions that would avoid these impacts, and methods that could be used to minimize these impacts. For questions regarding this proposal, contact Pam Hysong, USDA Area Director, 160 Zillicoa Street, Suite #2, Asheville, NC 28801, (828)-254-0916. Any person interested in commenting on this proposal should submit comments to the address above by January 30th, 2020.

TM/1/16/4TP-73315

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NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF North CAROLINA

Transylvania COUNTY

19-JA-49 District Court Division

IN RE THE MATTER OF E.D. (female-born 10/16/2019)

[Unknown Father]:

Take notice that a termination proceeding has been filed in Transylvania County District regarding the above-entitled action concerning a female juvenile with a birth date of 10/16/2019. The nature of the relief being sought is as follows: The pleading alleges that E.D. is a dependent juvenile. You have the right to be represented by an attorney; and if you cannot afford your own, one will be appointed for you. You have been provisionally appointed to Brentley Cronquist and you can reach her at 828-884-6675. You can also waive your right to an attorney and proceed pro se. If a Court finds the allegations in the Petition to be true, the Court shall conduct a dispositional hearing and enter an order to best meet the juvenile’s needs. Take Notice that upon proper notice and hearing and a finding based on the criteria set out in G.S. 7B-1111, these proceedings may end with your parental rights being terminated. You are required to make defense to such pleading no later than forty (40) days from the first publication of this notice. If you fail to do so, the Petitioner will apply to the Court for the relief sought.

This, the 17th day of January, 2020

Mary Ann Hollocker, Esq.

NC Bar: 47812

106 E. Morgan St.

Brevard, NC 28712

M/1/20/3TC-73334

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JCPC Availability of $125,947 In Youth At Risk Funds

The Transylvania County Juvenile Crime Prevention Council (JCPC) announces the availability of $125,947 in intervention and prevention funds for services to youths most at risk of court involvement.

Based on the JCPC Risk and Needs Assessment conducted to date, the risk factors affecting Transylvania County have been identified to be the following:

• The elevated number of youth over the age of 12 who are at risk of committing their first delinquent offense

• The elevated number of youth with prior referrals at intake

• The elevated number of youth who have a known use of alcohol and/or illegal drugs

• The elevated number of youth who have school behavior problems

• The elevated number of youth who lack pro-social peers

• The elevated number of youth who lack parents that are able to supervise them

The JCPC planning process conducted to date, detected service intervention needs to address the following areas:

• Elevated number of youth lacking positive peer relationships

• High levels of school behavior problems

• Increased rate of substance abuse in youth

• Inadequate in-home supervision

• Substance abuse in the home

• Abuse/neglect, a lack of support of victims of abuse/neglect

• Family criminality

• Conflict in the home

The Transylvania County JCPC will consider proposals for the following needed programs:

1. Structured Day

2. Restitution/Community Service

3. Interpersonal Skills

4. Mediation

5. Teen Court

6. Temporary Shelter

7. Mentoring

8. Parent/Family Skill Building

9. Tutoring

10. Vocational

11. Skill Building

12. Mental Health

13. Substance Abuse

All NEW applicants are strongly encouraged to contact State Area Consultant, Regina Arrowood at 828-230-3590 to understand program requirements and schedule orientation workshops.

In order to apply for FY 2020-2021 JCPC funding, you must complete and submit your application online by accessing NC ALLIES. Please read and follow all instructions at the following website: https://cp.ncdjjdp.org/CP/

After submitting the application in NC ALLIES, submit ONE hard copy to Jonathan Griffin on March 3rd, 2020 by 5:00 p.m. at County Administration Building, 101 S Broad Street, Brevard, NC 28712, (828) 884-3271.

Private non-profits are also required to submit No Over Due Tax forms, Conflict of Interest Statements, and proof of 501(c)(3) status.

Both the paper and electronic copies must be received for a program to be considered.

Local public agencies, 501 (c) (3) non-profit corporations and local housing authorities wishing to submit applications for programs to provide any of these intervention services may contact the JCPC Administrator or Area Consultant for more information:

Jonathan Griffin

Finance Director

jonathan.griffin@tconc.org

or

Regina Arrowood

Area Consultant

Department of Juvenile Justice and Delinquency Prevention

828-230-3590

M/1/20/1TC-73335

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E12

EXECUTOR’S – ADMINISTRATOR’S NOTICE

Having qualified as Co-Administrators of the Estate of Roger Dale Gray of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Roger Dale Gray to present them to the undersigned on or before April 20, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: January 20, 2020.

Jennifer Yoder

161 Ralph Sheriff Rd

Seneca, SC 29678

Heidi Ball

1465 Heekin Rd

Williamstown, KY 41097

M/1/20/4TP-73323

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NOTICE OF

PRIMARY ELECTION

Transylvania COUNTY, North CAROLINA

Notice is hereby given pursuant to GS 163-33(8) that a primary election will be held on Tuesday, March 3, 2020 in Transylvania County to vote in the following contests:

President for the Constitution Party ballot; President, US Senate, US House of Representatives District 11, NC Governor, NC Lieutenant Governor, NC Auditor, NC Commiss-ioner of Agriculture, NC Superintendent of Public Instruction, NC Treasurer, NC State Senate District 48 for the Democratic Party ballot; President for the Green Party ballot; President for the Libertarian Party ballot; President, US Senate, US House of Representatives District 11, NC Governor, NC Lieutenant Governor, NC Attorney General, NC Auditor, NC Commiss-ioner of Insurance, NC Commissioner of Labor, NC Secretary of State, NC Superintendent of Public Instruction for the Republican Party ballot.

Polls will be open from 6:30 a.m. to 7:30 p.m. on the day of the election, Tuesday, March 3. One-stop early voting will be held at the Election Center Conference Room. One-stop early voting will be open from Thursday, February 13 until Saturday, February 29.

February 13-14

8:00 am – 7:30 pm

February 15 (Sat.)

8:00 am – 1:00 pm

February 17-21

8:00 am – 7:30 pm

February 22 (Sat.)

8:00 am – 1:00 pm

February 24-28

8:00 am – 7:30 pm

February 29 (Sat.)

8:00 am – 3:00 pm

Canvass will be held in the Transylvania County Election Center at 11:00 a.m. on Friday, March 13.

Absentee voting by mail is available. Requests for an absentee ballot must be made on an absentee request form (available on the State Board of Elections website, on the Transylvania County Board of Elections website and the Election Center office), and must be received in the Transylvania County Board of Elections office or one-stop early voting site by 5:00 p.m. on Tuesday, February 25. Absentee voting requires the voter to complete an application on the return envelope that must be witnessed by two qualified persons or a notary public. Completed absentee ballots must be mailed or hand-delivered by the VOTER OR A NEAR RELATIVE/ LEGAL GUARDIAN to the Transylvania County Board of Elections by 5:00 p.m. on Election Day (ballots received by mail after this time will be timely if received within three business days and postmarked by Election Day). Voters may receive assistance voting a mail-in absentee ballot from a qualified person of their choice. If the voter lives in a facility such as a nursing home, and the voter’s near relative or legal guardian is not available, the voter or the facility can arrange to have the county board of elections schedule a visit by a Multipartisan Assistance Team to provide assistance and serve as witnesses.

All Constitution, Democrat, Green, Libertarian, Republican, and Unaffiliated persons who are registered to vote with the Transylvania County Board of Elections may vote in this election.

Persons who are not already registered to vote in the county must register by Friday, February 7 to be eligible to vote in this election. Voters who are not registered in the county by that deadline may register and vote during one stop early voting only, and will be required to provide documentation of their identity and residence. Voters who wish to change party affiliation or who have changed name or address must do so by the registration deadline. Voters who fail to timely make a change in name or address in the county must update the information when presenting to vote, and may be required to vote a provisional ballot.

Voters voting in person are entitled to assistance by an election official, or, if assistance is needed due to disability or illiteracy, by a qualified person of their choice. Voting sites are accessible to all voters. Curbside voting is available for voters who are not able to enter voting sites.

Persons with questions about registration, polling places, early voting, absentee ballots, a Multipartisan Assistance Team visit to a facility, or other election matters may call the Transylvania County Board of Elections Office at 828-884-3114 or visit the website at http://www.transylvaniaelections. org

Sara Champion, Chair

Transylvania County Board of Elections

M/1/20/3TC-73316

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NOTICE OF SERVICE BY PROCESS BY PUBLICATION

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO. 19 CvD 329

North Carolina

Transylvania COUNTY

Transylvania County, A Body Politic and Corporate vs. Unknown Heirs at Law of Glen Allen Rose, Rachel Nicole Rose Gray, Unknown Spouse of Rachel Nicole Rose Gray

TO: Unknown Heirs at Law of Glen Allen Rose, Rachel Nicole Rose Gray, Unknown Spouse of Rachel Nicole Rose Gray

Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows:

Foreclosure sale to satisfy unpaid property taxes owing to Transylvania County on your interest in the property described as follows:

BEGINNING on an iron pin, said iron pin being located at the point of intersection of Lots Nos. 17, 18 and 19, said iron pin being the northeast corner of the tract herein conveyed and the northwest corner of Lot No. 18 and the southwest corner of Lot No. 19; thence running from said beginning point and with the line of Lot No. 20 South 50 deg. 28 min. 32 sec. West 119.67 feet to an iron pin, said iron pin being the northwest corner of the tract herein conveyed and the northeast corner of Lot No. 16; thence running with the line of Lot No. 16 South 66 deg. 59 min. 58 sec. East 72.02 feet to an iron pin; thence South 64 deg. 00 min. 58 sec. East 154.60 feet to an iron pin located in the line of Lot No. 14; thence with the line of Lot No. 14 North 28 deg. 04 min. 02 sec. East 148.25 feet to an iron pin at or near the margin of a cul-de-sac; thence North 28 deg. 04 min. 02 sec. East 45 feet to a point in the center of said cul-de-sac, said point also being at the intersection of Lots Nos. 18, 11, 12, 13 and 14; thence leaving said center of said cul-de-sac and running with the line of Lot No. 18 South 73 deg. 21 min. 02 sec. West 45 feet to an iron pin at or near the margin of a cul-de-sac; thence South 73 deg. 21 min. 02 sec. East 62.77 feet to an iron pin; thence continuing with the line of Lot no. 18 and running North 72 deg. 09 min. 58 sec. West 105.73 feet to an iron pin, the point an place of BEGINNING. Containing .60 acres, more or less, and being all of Lot No. 17 of the property of Fountainhead Farms, Inc. subdivision of the Shearin tract as surveyed and platted by P. R. Raxter, RLS, October, 1984.

This conveyance is made subject to those restrictive covenants contained in Deed Book 277, Page 266 of the Transylvania County Registry.

The Grantor, for itself, its heirs and assigns, conveys unto the Grantees, their heirs and assigns, a joint easement of right of way over and across an existing road right of way having as its termination point the center of a cul-de-sac located on the northernmost corner of the above-described property. Said easement as herein granted is for ingress and egress of vehicles of all types and for the location of public utility rights of way. Said easement is to be maintained on a pro rata basis according to usage and in compliance with the terms and conditions of any restrictive covenants applicable to the above-described property.

The Grantor, for itself, its heirs and assigns, reserves an easement of right of way over and across the above-described road for ingress and egress of vehicles of all types and for the location of public utility rights of way and shall be maintained by the Grantor, its heirs and assigns, according to the terms and conditions of the restrictive covenants applicable to the above-described property.

This conveyance is made subject to all easements, restrictive covenants and other matters either set out in or referred to in the deed recorded in Book 290, Page 498, hereinabove referred to.

Subject to easements, restrictions and rights of way of record, and matters of survey.

Also being identified as Parcel ID# 8572-67-8646-000, Transylvania County Tax Office.

Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.

You are required to make defense to such pleading not later than February 17, 2020 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This day of December 27, 2019.

Richard J. Kania

Attorney for Plaintiff

600-A Centrepark Drive

Asheville, North Carolina 28805

(828) 252-8010

M/1/6/3TC-73231

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NOTICE OF DISCHARGE OF UNTREATED SEWAGE

The City of Brevard experienced a discharge of untreated sewage from the sewer pump station located on Gallimore Road and occurred as a result of rain attributed inflow from precipitation received from Friday, January 10th through Saturday, January 11th, 2020. Rainfall amounts ranging from 1.44” to 2.79” were reported by the National Weather Service and the Tennessee Valley Authority. The discharge event lasted for approximately 2.25 hours. Collections System and Maintenance Division personnel remained on duty and monitored pump speed and pressures during the event. The total estimated volume of the discharge was 3,375 gallons. The pump and haul team captured a total of 17,500 gallons from discharge manhole #GB-056 preventing this amount from entering the surface waters of Singing Branch in the Gallimore Basin.

Citizens are reminded that any discharge of storm water, surface water, ground water, 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 Works Department at (828) 884-2171 Option 4 to confirm if they have a broken clean out 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 14th day of January, 2020.

Jim Fatland,

City Manager

City of Brevard

95 W. Main Street

Brevard, NC 28712

M/1/20/1TC-73325

 
 

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