The Transylvania Times -

Legal Notices: March 2, 2020

 

Last updated 3/2/2020 at 3:42pm



Notice of Public Hearing

City of Brevard

Proposed Amendments to Unified Development Ordinance Chapter 10

And

Fiscal Year 2019-2020 Schedule of Taxes, Fees, and Charges

The Brevard City Council will hold a public hearing on Monday, March 16, 2020. 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:

Request to amend the Fiscal Year 2019-2020 Schedule of Taxes, Fees, and Charges to remove the Parking Fee in Lieu.

Requests for text amendments to Brevard City Code, Unified Development Ordinance Chapter 10 – Parking Standards, Subsection 10.3, to exempt Downtown Mixed Use and Neighborhood Mixed Use in the Railroad Avenue area from minimum parking requirements, and to remove subsection 10.3.F.2 – Payment in Lieu.

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

This 26th day of February, 2020.

Jill Murray, CMC

City Clerk

M3/2/2TC-73711

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Notice of Foreclosure 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 March 6, 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

TM2/27/2TC-73579

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO.20E64

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Barbara A. Alexander of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Barbara A. Alexander to present them to the undersigned on or before May 25, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 24, 2020.

James Allen Alexander

PO Box 276

Jamestown, TN 38556

M2/24/4TP-73655

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STATE OF North CAROLINA

Transylvania COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION,

File No. 20E-000044

BEFORE THE CLERK

IN THE MATTER OF THE ESTATE OF BETTY U. BERG

DECEASED.

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Betty U. Berg (Estate File Number 20E-000044) deceased, late of Transylvania 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 Gilreath Shealy Law, PLLC, 224 6th Avenue East, Hendersonville, NC 28792, on or before May 15, 2020 or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the said decedent and/or decedent’s estate will please make immediate payment to the undersigned.

Dated the 10th day of February, 2020.

Michael Carl Sheppard, Executor of the Estate of Betty U. Berg

Evan M. Gilreath, Esq.

Attorney for Executor

Gilreath Shealy Law, PLLC

224 6th Avenue East

Hendersonville, NC 28792

M2/10/4TC-73477

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E52

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Alfred J. Bevacqua of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Alfred J. Bevacqua to present them to the undersigned on or before May 11, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 10, 2020.

Michele Bevacqua-Murphy

1600 Grand Ave. Apt. B-2

Baldwin, NY 11510

M2/10/4TP-73475

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STATE OF North CAROLINA

COUNTY OF

TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E48

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Frances Hightower Brown of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Frances Hightower Brown to present them to the undersigned on or before May 11, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 10, 2020.

Teresa B. Erwin

12 Dewberry Hill Drive

Canton, NC 28716

M2/10/4TP-73444

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO.20E65

EXECUTOR’S -ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Vivian V. Conca of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Vivian V. Conca to present them to the undersigned on or before May 24, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 24, 2020.

Linda J. Conca

111 Cambridge Dr.

Brevard, NC 28712

M2/24/4TP-73654

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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-58

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Personal Representative of the Estate of Mildred Thomas Galloway, a/k/a Mildred Ann Galloway, of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Mildred Thomas Galloway, a/k/a Mildred Ann Galloway, to present them to the undersigned on or before May 18, 2020, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 17th day of February, 2020.

Nora Galloway Dean, Personal Representative c/o Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

ATTORNEY:

Hannah L. Camenzind

Ramsey & Pratt, P.A.

35 N Gaston Street

Brevard, NC 28712

828-884-4113

M2/17/4TC-73532

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO.19E374

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executor of the Estate of Rosa Lee Galloway of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Rosa Lee Galloway to present them to the undersigned on or before May 25, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 24, 2020.

Joseph Andrew Galloway

491 Elm Bend Road

Brevard, NC 28712

M2/24/4TP-73553

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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-75

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Co-Personal Representatives of the Estate of Ruth S. Martin of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of Ruth S. Martin to present them to the undersigned on or before June 2, 2020, or the claim will be forever barred thereafter. All persons indebted to said estate, please make immediate payment.

This the 2nd day of March, 2020.

Michael Stuart Martin and Marcia Martin Copeland,

Co-Personal Representatives

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

M3/2/4TP-73709

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 19E362

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Spurgeon Esby McCall of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Spurgeon Esby McCall to present them to the undersigned on or before May 11, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 10, 2020.

Charley A. McCall

PO Box 126

Balsam Grove, NC 28708

M2/10/4TP-73433

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E72

EXECUTOR’S -ADMINISTRATOR’S NOTICE

Having qualified as Administrator of the Estate of Ann Russ Nickes of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Ann Russ Nickes to present them to the undersigned on or before June 2, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: March 2, 2020.

Larry W. Gregory

135 Wilson Drive

Brevard, NC 28712

M3/2/4TP-73702

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. 20E50

EXECUTOR’S - ADMINISTRATOR’S NOTICE

Having qualified as Executors of the Estate of Gloria D. Rogers of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Gloria D. Rogers to present them to the undersigned on or before May 10, 2020 or the claim will be forever barred thereafter.

All persons indebted to said estate please make immediate payment.

Dated: February 10, 2020.

Maria R. Anthony, Executor

Jon Pierre Rogers, Executor

Judson Edward Rogers, Executor

c/o Brian P. Philips, Attorney

30 N. Country Club Rd.

Brevard, NC 28712

M2/10/4TP-73474

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ADVERTISEMENT FOR

INVITATION FOR BIDS

Transylvania COUNTY

BREVARD,

North CAROLINA

Notice is hereby given that Transylvania County is soliciting bids for the Cove Creek National Forest Service Road #809 crossing to Cove Creek Group Camp repair. The current approaches to the existing crossing are constantly eroding into the stream channel. The replacement structure will be 26 foot span bottomless arch supporting Q100 flows 1215 c.f.s flow and a bank-full width of 25 feet.

A MANDATORY Pre-Bid Meeting will be required by all contractors who plan to bid on this project and will be held on Tuesday, March 24, 2020 at 2:00 PM EST. The Pre-Bid Meeting will be held at Transylvania County Administration building, located at 101 S Broad Street, Brevard, NC 28712.

Transylvania County will accept all questions regarding this IFB in writing until 5:00 PM EST on Tuesday, March 31, 2020. Written questions can be submitted to Jennifer Galloway, by email to jennifer.galloway@transylvaniacounty.org.

Bids must be received by mail or delivered no later than 4:00 PM EST on Tuesday, April 7, 2020, to Jennifer Galloway at 101 South Broad Street, Brevard, NC 28712.

Transylvania County reserves the right to reject any and all bids in whole or in part and to waive such informalities as may be permitted by law.

M3/2/1TC-73731

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Notice of Public Hearing

Proposed Amendment to the Official Zoning Map of the City of Brevard

Rezoning the Jennings Industrial Park Planned Development District

to the Mountain Industrial Drive Planned Development District

The Brevard City Council will hold a public hearing on Monday, March 16, 2020. The hearing will begin at 7:00 PM or as soon thereafter as possible in the Council Chambers of the Municipal Building located at 95 West Main Street, Brevard, NC to consider the following:

The purpose of the public hearing is to consider an ordinance amending the Official Zoning Map of the City of Brevard to rezone the below described property from Jennings Industrial Park Planned Development District to the Mountain Industrial Drive Planned Development District.

Transylvania Vocational Services

8596-48-3055-000

342 Mountain Industrial Drive LLC

8596-37-7910-000

Transylvania Vocational Services

8596-47-5642-000

BNJ Investments

8596-47-1344-000

Richard G Jennings III

Enterprises Inc

8596-28-5074-000

Richard G Jennings III

8596-37-5808-000

The public is invited to attend this public hearing and comment upon the proposed amendment, which is on file in the Brevard Planning Department and available for public inspection during normal hours, Monday-Friday, 8:30 AM-5:00 PM. For additional information you may call the City Planning Department at (828) 885-5630.

This 26th day of February, 2020.

Jill Murray, CMC

City Clerk

M3/2/2TC-73712

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Notice of Public Hearing

City of Brevard

Proposal to Finance the Purchase of Real

Property at the Intersection of

East Probart Street, North Broad Street and East Appletree Street

The Brevard City Council will hold a public hearing on Monday, March 16, 2020. 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:

Enter into a contract to finance the purchase of real property from North Broad Street Brevard, LLC, a North Carolina Limited Liability Company. The property is at the intersection of East Probart Street, North Broad Street and East Appletree Street.

Transylvania PIN

8586-51-5355;

Transylvania PIN

8586-51-6590;

Transylvania PIN

8586-51-7374;

The property cost is $1,950,000 which $1,300,000 will be financed.

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

This 26th day of February, 2020.

Jill Murray, CMC

City Clerk

M3/2/2TC-73710

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STATE OF North CAROLINA

COUNTY OF TRANSYLVANIA

CREDITORS’ NOTICE

FILE NO. 2020-E-66

Having qualified as Executor of the Estate of William J. Underwood, Jr., of the County of Transylvania, State of North Carolina, this is to notify all persons, firms and corporations having claims against said estate to present them to the undersigned or to their attorneys on or before the 8th day of July, 2020, or this notice will be pleaded in bar of recovery. All persons, firms and corporations indebted to said estate will make settlement at once to the undersigned or to their attorneys.

This the 24th day of February, 2020.

Richard J. Tanker, Executor

240 Third Avenue West

Hendersonville, NC 28739

Richard J. Tanker, Attorney

Prince, Youngblood & Massagee, PLLC

240 Third Avenue West

Hendersonville, NC 28739 M3/2/4TP-73732

 
 

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