boone-community-recorder-051911

Page 16

A16

BCR Recorder

LEGAL SUMMARY The Boone County Fiscal Court at its Fiscal Court meeting held, Tuesday, April 5, 2011, Boone County Administration Building, Burlington, Kentucky, gave Second Reading and adopted the following ordinance: AN ORDINANCE RELATING TO THE BOONE COUNTY FISCAL COURT ADOPTING THE STATEMENT OF GOALS AND OBJECTIVES FOR THE 2010 BOONE COUNTY COMPREHENSIVE PLAN AS PART OF THE REVIEW OF THE CURRENT BOONE COUNTY COMPREHENSIVE PLAN AND RECOMMENDING THAT THIS STATEMENT OF GOALS AND OBJECTIVES BE APPROVED AND ADOPTED BY THE LEGISLATIVE BODIES AND FISCAL COURT COMPRISING THE MEMBERSHIP OF THE COUNTY-WIDE PLANNING UNIT THAT IS SERVED BY THE BOONE COUNTY PLANNING COMMISSION, PURSUANT TO CHAPTER 100 OF THE KENTUCKY REVISED STATUTES. A copy of said Ordinance(s), all exhibits, appendages and fiscal court minutes are on file in the office of the Fiscal Court Clerk and may be reviewed between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, at the Administration Building, Second Floor, Burlington, Kentucky. DAPHNE KORNBLUM, FISCAL COURT CLERK P.O. # 11004788 1001638250

ADVERTISEMENT OF ELECTION OF PROPERTY OWNER TRUSTEE TO THE HEBRON FIRE PROTECTION DISTRICT The Hebron Fire Protection district, pursuant to KRS 75.031, hereby advertises than an election will be conducted to elect a Property Owner Trustee to its Board of Trustees. The election will be held on Saturday, June 25, 2011 between the hours of 11:00 a.m. and 2:00 p.m., at the Hebron Fire Protection District, Station 1, located at 3120 North Bend Road, Hebron, Kentucky. Voters must meet KRS 75.031 requirements. The name and address of the candidate is: Candidate for Property Owner Trustee Frank Tepe 2072 Sheridan Drive Hebron, Kentucky 41048 s\s Brandon Johnson, Secretary Hebron Fire Board 1001639150

ADVERTISEMENT OF ELECTION OF FIRE DEPARTMENT REPRESENTATIVE TRUSTEE TO THE HEBRON FIRE PROTECTION DISTRICT The Hebron Fire Protection District, pursuant to KRS 75.031, hereby advertises that an election will be conducted to elect a Fire Department Representative Trustee to its Board of Trustees. The election will be held on Saturday, June 25, 2011 between the hours of 11:00 a.n. and 2:00 p.m. at the Hebron Fire Protection District, Station 1, located at 3120 North Bend Road, Hebron, Kentucky. Voters must meet KRS 75.031 requirements.

May 19, 2011

SUMMARY OF RESOLUTION AND NOTICE OF ADOPTION The Board of Trustees of the Walton Fire Protection District, at a meeting held on May 17, 2011, adopted the following resolution: A RESOLUTION APPROVING LEASES WITH THE BANK OF KENTUCKY, INC. FOR REFINANCING THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF A FIRE STATION AND THE ACQUISITION AND INSTALLATION OF A FIRE TRUCK; PROVIDING FOR THE PAYMENT AND SECURITY OF THE LEASES AND DEPOSITS TO A SINKING FUND; AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH LEASES; AND MAKING CERTAIN DESIGNATIONS REGARDING SUCH LEASES. It is hereby certified that the foregoing resolution provides for approval of leases with The Bank of Kentucky, Inc. in order to refinance outstanding leases between the District and the Kentucky Association of Counties Leasing Trust dated as of August 11, 2008 related to the acquisition, construction, installation and equipping of a fire station and the acquisition and installation of a fire truck; provides a general obligation pledge to assess sufficient taxes to comply with the obligations to pay lease payments; contains additional sections relating to designation of the leases as a qualified tax-exempt obligation; expectations regarding the leases, severability, inconsistent actions, open meetings, laws, and effective date. The full text of the section relating to the pledge to levy and assess a tax to pay the lease obligations is: "Section 2. General Obligation Pledge. Pursuant to the Constitution of the Commonwealth and KRS Chapter 66, the obligations of the District created by the Leases shall be full general obligations of the District and, for the payment of the Lease Payments, the full faith, credit and revenue of the District are hereby pledged for the prompt payment thereof. During the period the Leases are outstanding, there shall be and there hereby is levied on all the taxable property in the District, in addition to all other taxes, but within applicable limitations, a direct tax annually in an amount sufficient to pay the Lease Payments when and as due. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof provided, however, that in each year to the extent that the other taxes of the District are available for the payment of the Lease Payments and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the District shall be reduced by the amount of such other taxes so available and appropriated. There has heretofore been established by the District a sinking fund (the "Sinking Fund"), which is hereby ordered to be continued and maintained as long as the Leases shall remain outstanding. The funds derived from said tax levy hereby required or other available taxes shall be placed in the Sinking Fund and, together with interest collected on the same, are irrevocably pledged for the payment of all bonds issued under KRS Chapter 66 and Tax Supported Leases, as defined in KRS Chapter 66, including the Leases when and as the same fall due." Reference is hereby made to the full text of the Resolution, a copy of which is on file at the offices of the District, for a complete statement of its provisions and terms. /s/ Barbara Yelton Secretary, Walton Fire Protection District PREPARATION CERTIFICATE The undersigned Attorney at Law, licensed to practice in Kentucky, hereby certifies that the foregoing title summary of a Resolution of the Walton Fire Protection District, was prepared by the undersigned and constitutes a general summary of essential provisions of said Resolution, reference to the full text of which resolution is hereby made for a complete statement of its provisions and terms. /s/ Dirk M. Bedarff Peck, Shaffer & Williams LLP 50 East RiverCenter Boulevard, Suite 1150 Covington, Kentucky 41011 8533

The name and address of the candidate is: Candidate for Fire Department Representative Trustee Wayne Isaacs 6057 Lucas Park Drive Petersburg, Kentucky 41080 s\s Brandon Johnson, Secretary Hebron Fire Board

NOTICE TO CONTRACTORS The City of Florence, Kentucky will receive bids on Friday, June 3, 2011 at 10:00 a.m. local time at the Florence Government Center, 8100 Ewing Boulevard, Florence, KY 41042 for the relining of approximately 12,750 lineal feet of eight inch sanitary sewer gravity line located throughout the City of Florence. This project may require a bypass pumping operation. Bids submitted for this project shall include all material, labor, equipment, and installation required to complete all element(s). Each sealed bid shall be accompanied by either a cashier’s check or satisfactory bid bond, in a sum, which is not less than five percent (5%) of the aggregate amount of the bid, payable to the City of Florence. Successful bidder will be required to execute and to provide construction contract security in an amount not less than one hundred percent (100%) of the bid. All bids must be made on the required Bid Form. This project is subject to the Prevailing Wage Rates as determined by the Kentucky Department of Labor. Two (2) completed copies of the Bid Form are required. Plans, specifications, and the official bid form will be made available on Thursday, May 19, 2011 and may be obtained from the office of the engineer, Viox and Viox, Inc., 466 Erlanger Road, Erlanger, KY 41018 for a cost of $75 for each set. There will be an additional charge of $15 each set for mailing and handling if necessary. The City will evaluate all submitted bids in accordance with resident bidder preferences pursuant to KRS 45A.490-494. The City of Florence reserves the right to reject any and all bids. 1001638818

COMMISSIONER’S SALE BOONE CIRCUIT COURT, CASE NO. 08-CI-2193

REQUEST FOR QUALIFICATIONS PROFESSIONAL ENGINEERING SERVICES The Boone County Fiscal Court, Burlington Kentucky, is requesting proposals from professional engineering firms for the purpose of providing professional engineering services for the design of a sidewalk system for a project titled, Burlington Sidewalks Phase III. The project is being funded by a Transportation Enhancement Grant Program and Boone County Fiscal Court matching funds through the Transportation Equity Act for the 21st Century (TEA21) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), in cooperation with the Kentucky Transportation Cabinet. Attention is particularly called to compliance with the requirements of Title VI of the Civil Rights Act of 1964; the Americans with Disabilities Act of 1990 (ADA); and , the Disadvantaged Business Enterprise (DBE) program, as described in 23 CFR 635 Subpart A and Section 1101(b) of SAFETEA-LU. Engineering services/activities will include at a minimum, but not be limited to, the following phases: Preliminary/final design; Advertising/Bid; Construction administration, oversight, and inspection. Information about the project and a complete Request For Qualifications package can be obtained by contacting Adam Howard, at 2950 Washington Street, PO Box 900 Burlington, KY 41005, email request to Ahoward@boonecountyky.org. Five (5) individual copies of the proposal should be submitted to the attention of Adam Howard Government and Community Relations Director Boone County Fiscal Court at the aforementioned address and clearly marked on the outside "Request for Proposal- Burlington Sidewalks Phase III Project", no later than 2:00 pm local time, Thursday, June 9, 2011. Proposals in excess of 15 single-sided pages in length will not be considered. Proposal submission via fax or email will not be considered valid. Respondents will be notified of the result of the selection process. Inquiries regarding this Request for Proposal should be directed to: Mr. Adam Howard Government and Community Relations Director 2950 Washington Street Burlington, KY 41005 ahoward@boonecountyky.org Office: 859 334-3509

1001638989

NATIONSTAR MORTGAGE LLC

VERSUS}

PLAINTIFF(S)

NOTICE OF SALE

DONNIE J. THOMAS, ET AL

DEFENDANT(S)

By virtue of a judgment and order of sale of the Boone Circuit Court rendered APRIL 19, 2011 the above case, I shall proceed to offer for sale at the Justice Center Building in Burlington, Kentucky, to the highest bidder, at public auction on THURSDAY, MAY 26, 2011 at the hour of 9:00 a.m. or thereabouts, the following described property to-wit: ADDRESS: 5595 CAROLINA WAY BURLINGTON, KY 41005 Group No. 3759 Being Unit 2-4, a condominium unit, Building 2, Lot 9, the Meadowood Greene Condominiums, a condominium project, the Declaration of Master Deed for which is of record at Deed Book 570, Page 159 and the plat and the floor plans of which are of record at Slide 436-B of the Boone County Clerk’s records at Burlington, Kentucky. Together with the exclusive right to use Garage No. 4 as shown on the plat referred to above, which right shall pass with and be appurtenant to the unit described above. Subject to any and all easements, restriction, conditions, and legal highways of record and/or in existence. Being the same property conveyed from Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2001-D Asset Backed Certificates Series 2001-D to Donnie Thomas and Rachelle Thomas, husband and wife, by virtue of a deed dated 1/22/2007 and recorded 2/08/2007 at Deed Book D929, Page 467 of the Boone County, Kentucky real estate records. Further conveyed from Donnie Thomas and Rachelle Thomas, husband and wife, to Donnie J. Thomas, married, by virtue of a deed dated 10/09/2008 and recorded 10/20/2008 at Deed Book D958, Page 895 of the Boone County, Kentucky real estate records. TERMS OF SALE: The property shall be sold as a whole. The purchaser may pay all or part of the purchase price in cash, and may pay the balance of the purchase price on a credit of 30 days after date of sale; said credit shall be granted only upon the execution by the purchaser of bond, with surety thereon, and said surety shall be a lending institution authorized and doing business in Kentucky, or a reputable fidelity or surety company, authorized and doing business in Kentucky, and only if said surety be acceptable to the Commissioner of the Boone Circuit Court; and an authorized officer of the surety must be present at the sale or must have given the Commissioner adequate assurance of its intent to be surety prior to or at the sale; and said Bond shall be, and shall remain, a lien on the property sold as additional security for the payment of the full purchase price, and shall have the full force and effect of a Judgment; and said Bond shall bear interest at the rate of Twelve (12%) Percent per annum until paid. The purchaser shall be required to pay the sum of 10% of the bid amount in cash or certified check on the purchase at the time of sale. The successful bidder at the sale shall, at bidder’s own expense, carry fire and extended insurance coverage on any improvements from the date of sale until the purchase price is fully paid, with a loss payable clause to the Commissioner of the Boone Circuit Court. Failure of the purchaser to effect such insurance shall not affect the validity of the sale or the purchaser’s liability thereunder, but shall entitle, but not require, a lien holder herein, after giving notice to the Commissioner, to effect said insurance and furnish the policy or evidence thereof to the Commissioner, and the premium thereon or the proper portion thereof shall be charged to the purchaser as purchaser’s cost. The property shall be sold subject to ad valorem taxes for the year 2011 and all subsequent years thereafter; easements, restrictions and stipulations of record; assessments for public improvements levied against the property, if any; existing zoning ordinances, statutes, laws, or regulations; and any facts which an inspection and accurate survey of the property may disclose. The amount of the liens before the Court in this action total $184,889.98 together with interest, assessments, taxes and costs herein expended. BIDDERS SHALL BE PREPARED TO COMPLY WITH THESE TERMS /s/ MASTER COMMISSIONER, BOONE CIRCUIT COURT 6025 Rogers Lane, Burlington, KY 41005 (859) 334-3916/1 mc/nos/98. www.boonecountyky.org (Link to Departments/Agencies to Master Commissioner) 1001636160

COMMISSIONER’S SALE BOONE CIRCUIT COURT, CASE NO. 10-CI-2975 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION")

PLAINTIFF(S)

VERSUS}

NOTICE OF SALE

CURTIS J. DUVALL, ET AL

DEFENDANT(S)

By virtue of a judgment and order of sale of the Boone Circuit Court rendered APRIL 25, 2011 the above case, I shall proceed to offer for sale at the Justice Center Building in Burlington, Kentucky, to the highest bidder, at public auction on THURSDAY, JUNE 2, 2011 at the hour of 9:00 a.m. or thereabouts, the following described property to-wit: ADDRESS: 424 MARIAN LANE #2 FLORENCE, KY 41042 Group No. 3873 The following described Real Estate, in the City of Florence, County of Boone and Commonwealth of Kentucky to-wit: Lying in the County of Boone, Commonwealth of Kentucky, to-wit: Being all of Unit Two (2) in Building Twelve (12), in Section Eight (8) of Sherwood Lakes Condominiums, as shown on Plat 484B of the Boone County Clerk’s records at Burlington, Kentucky. This unit is subject to terms, conditions and provisions of the Declaration of Master Deed of Sherwood Lakes Condominiums set forth in Deed Book 614, Page 19 of said records, and as amended or supplemented. This conveyance is further subject to and/or benefited by covenants, conditions, restrictions and easements of record and as shown on Plat 484B of said records. Also conveyed herewith is a non-exclusive easement for vehicular and pedestrial ingress, egress and regress and general purposes to be utilized in conjunction with Grantee’s ownership of a Sherwood Lakes Condominium. The terms and conditions of said easement are set forth in the Grant of Common Driveway Easement recorded in Easement Book 42, Page 263, and Easement Book 42, Page 92. By acceptance of this Deed, Grantee agrees that the maintenance of the Common Driveway Easement and the Common Driveway (as those terms are defended in the Grant of Common Driveway Easement) may be assessed in accordance with Article 5 of the Declaration of Master Deed for Sherwood Lakes Condominiums recorded in Deed Book 614, Page 19. In addition, said Common Driveway Easement shall be considered a non-exclusive common area as the term is defined in Article 1 of the above described Declaration. Being the same property conveyed to Curtis J. Duvall and Lou Ann Duvall, husband and wife, by virtue of a deed from Karensa Mallory, unmarried, dated March 30, 2007, filed April 05, 2007, recorded in Deed Book D931, Page 525, County Clerk’s Office, Boone County, Kentucky. TERMS OF SALE: The property shall be sold as a whole. The purchaser may pay all or part of the purchase price in cash, and may pay the balance of the purchase price on a credit of 30 days after date of sale; said credit shall be granted only upon the execution by the purchaser of bond, with surety thereon, and said surety shall be a lending institution authorized and doing business in Kentucky, or a reputable fidelity or surety company, authorized and doing business in Kentucky, and only if said surety be acceptable to the Commissioner of the Boone Circuit Court; and an authorized officer of the surety must be present at the sale or must have given the Commissioner adequate assurance of its intent to be surety prior to or at the sale; and said Bond shall be, and shall remain, a lien on the property sold as additional security for the payment of the full purchase price, and shall have the full force and effect of a Judgment; and said Bond shall bear interest at the rate of Twelve (12%) Percent per annum until paid. The purchaser shall be required to pay the sum of 10% of the bid amount in cash or certified check on the purchase at the time of sale. The successful bidder at the sale shall, at bidder’s own expense, carry fire and extended insurance coverage on any improvements from the date of sale until the purchase price is fully paid, with a loss payable clause to the Commissioner of the Boone Circuit Court. Failure of the purchaser to effect such insurance shall not affect the validity of the sale or the purchaser’s liability thereunder, but shall entitle, but not require, a lien holder herein, after giving notice to the Commissioner, to effect said insurance and furnish the policy or evidence thereof to the Commissioner, and the premium thereon or the proper portion thereof shall be charged to the purchaser as purchaser’s cost. The property shall be sold subject to ad valorem taxes for the year 2011 and all subsequent years thereafter; easements, restrictions and stipulations of record; assessments for public improvements levied against the property, if any; existing zoning ordinances, statutes, laws, or regulations; and any facts which an inspection and accurate survey of the property may disclose. The amount of the liens before the Court in this action total $71,337.79 together with interest, assessments, taxes and costs herein expended. BIDDERS SHALL BE PREPARED TO COMPLY WITH THESE TERMS /s/ MASTER COMMISSIONER, BOONE CIRCUIT COURT 6025 Rogers Lane, Burlington, KY 41005 (859) 334-3916/1 mc/nos/98. www.boonecountyky.org (Link to Departments/Agencies to Master Commissioner) 1001633771


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