Asheville/Weaverville 277-1760 Hendersonville 697 - 2932


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Asheville/Weaverville 277-1760 Hendersonville 697-2932


Legals


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Arthur Holmes Lock- hart, Jr., deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the undersigned on or before the 30th day of March, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 30th day of December, 2010


Vanessa Lockhart, Executrix Estate of Arthur Holmes Lockhart, Jr. 9 Brookgreen Place Asheville, NC 28804 (WCN711) 12/30 1/6/11 1/13/11 1/20/11


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Evelyn C. Ledford, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 11th day of April, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 6th day of January, 2011


Charles Wade Ledford, Executor c/o Stephen Barnwell, Attorney at Law Estate of Evelyn C. Ledford PO Box 236 Skyland, NC 28776 (WCN712) 1/6 1/13 1/20 1/27


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the Estate of Kenneth Johnson Horton, Sr., deceased, late of Buncombe County, North Carolina, this is to notify all per- sons, firms and corpo- rations having claims against said deceased to exhibit them to the undersigned on or before the 11th day of April, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 6th day of January, 2011


Kenneth


Horton, Jr., Executor Estate of Kenneth John- son Horton, Sr. PO Box 344


Johnson


Asheville, NC 28802 (WCN713) 1/6 1/13 1/20 1/27


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


The


having qualified as C o -Admini s t r a t o r s of the Estate of Wil- liam Calhoun Frue, III, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corporations having claims against the estate to pres- ent such claims to the undersigned at 20 Bat- tery Park Avenue, Suite 405, Asheville, North Carolina 28801 on or before the 15th day of April, 2011, or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.


This the 13th day of January, 2011


John C. Frue Co-Ad- ministrator Michael C. Frue Co- Administrator Estate of William Cal- houn Frue, III c/o John C. Frue, Attor- ney 20 Battery Park Avenue, Suite 405 Asheville, NC 28801 (828)255-0309 (WCN714) 1/13 1/20 1/27 2/3


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE


The


having qualified as Executrix of the Estate of James M. Whitener, Jr., deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms, and corpora- tions having claims against the estate to present such claims to the undersigned on or before the 15th day of April, 2011, or this notice will be pleaded in bar of their recovery. All persons indebted to the estate will please make immediate payment.


This the 13th day of January, 2011


Carol A. Johnston, Executrix Estate of James M. Whitener, Jr. 2 West Oak Street Asheville, NC 28806 (WCN715) 1/13 1/20 1/27 2/3


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Administratrix of the Estate of James Allison Jenkins, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 22nd day of April, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 20th day of January, 2011


www.leicesterleader.com undersigned, undersigned,


Angela Michelle Taylor 34 Anderson Road Weaverville, NC 28787 (WCN716) 1/20 1/27 2/3 2/10


STATE OF NORTH CAROLINA


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executrix of the Estate of Martha Ducker, deceased, late of Buncombe County, North Carolina, this is to notify all persons, firms and corporations having claims against said deceased to exhibit them to the under- signed on or before the 22nd day of April, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to said estate will make immediate payment.


This the 20th day of January, 2011


Mark Wilson, Executrix Estate of Martha Ducker 10 Hack Rhodes Drive Asheville, NC 28806 (WCN717) 1/20 1/27 2/3 2/10


STATE OF NORTH CAROLINE


COUNTY OF BUNCOMBE NOTICE TO CREDITORS


Having qualified as Executor of the estate of Beverly Jean Hawk- ins Marler, deceased, late of Buncombe County, North Caro- lina, this is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 22nd day of April , 2011, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate pay- ment.


This the 20th day of January, 2011


Thomas D. Roberts, Executor Estate of Beverly Jean Hawkins Marler 40 North Merrimon Avenue #302 Asheville, NC 28804 (828) 252-0602 (WCN718) 1/20 1/27 2/3 2/10


STATE OF NORTH CAROLINA


BEFORE THE CLERK FILE NO. 10 SP 1786


CAROLINA POWER & LIGHT COMPANY d/b/a


ENERGY CAROLINAS, INC., Petitioner, v. ESTATE OF ROY EMORY CARTER; NEIL CARTER, individually, as execu- tor of the Estate of Roy Emory Carter, and as executor of the Estate of Juanita E. Carter a/k/a Jessie Juanita Carter, and wife LYNN CARTER; ANNIE ROSE HOBBS; PHYLLIS DALE; CHRISTINE GEORGE and husband WILLIAM GEORGE; LORAINE NELSON and husband ERIC NELSON; GARY


PROGRESS


COURT OF JUSTICE SUPERIOR COURT DIVISION


IN THE GENERAL


BUNCOMBE COUNTY


E. CARTER and wife CHRISTINE CARTER; DONNA GAIL CARTER FRANKLIN and husband ROBERT L. FRANKLIN; JANET LYNN CARTER WILLIAMS and husband RAY R. WILLIAMS, III; ESTATE OF JUANITA E. CARTER a/k/a JESSIE JUANITA CARTER; MYRON CARTER and wife SHARON CARTER; SANDRA FLETCHER and husband KIM FLETCHER; SELMA ALLEN and hus- band PHILIP ALLEN; UNKNOWN HEIRS AND/ OR DEVISEES OF THE ESTATE OF JUANITA E. CARTER a/k/a JESSIE JUANITA CARTER; and L. PAUL PRETE and wife LYNELLE E. FLOW- ERS, Respondents. PETITION FOR CON- DEMNATION OF PROP- ERTY (N.C. Gen. Stat. § 40A- 19, et seq.) NOW COMES the Peti- tioner, Carolina Power & Light Company d/b/a Progress Energy Caro- linas, Inc., and alleges and says as follows: 1. Petitioner is a public utility corporation duly chartered and incorpo- rated under the laws of North Carolina, with its principal office and place of business in Raleigh, Wake County, North Carolina. Prog- ress Energy Carolinas, Inc. (“PEC”) is the lawfully


assumed name of Carolina Power & Light Company (“CP&L”), having been registered by CP&L as its assumed name on November 14, 2002 in the Wake County Register of Deeds Office. The Certificate of Assumed Name for CP&L to conduct business in its assumed name of Progress Energy Caro- linas, Inc., is filed in Book 2964, Page 436, Buncombe County Reg- istry. 2. Petitioner is char- tered and is authorized to engage in supplying electricity to members of the general public within its service area. Petitioner possesses the power and right to construct, maintain, and operate any and all kinds of plants, works, lines, substations and systems that are neces- sary for the generation, transmission, distribu- tion, regulation and control of electricity, and for the other pur- poses specified in its Charter, together with the power and right to acquire, hold, maintain and develop real and personal property for and in connection with the foregoing purposes. Petitioner further pos- sesses the right of emi- nent domain under the laws of North Carolina to enable it to locate, re-locate, build, protect and maintain its said plants, works, trans- mission and distribu- tion lines, substations, systems and other facilities essential to its business. In instituting this proceeding, it is Petitioner’s good faith intention to conduct and carry on the public business as authorized by its Charter. 3. Petitioner institutes this proceeding for the purpose of providing adequate and reliable electrical service to members of the general


registered


T I U E L AS RB N EG L


public within its service area and, more specifi- cally, for the purpose of obtaining the perpetual fee simple ownership described hereinafter and to have just com- pensation established therefore in accor- dance with the provi- sions of Chapter 62, Article 9 and Chapter 40A, Section 2 of the North Carolina General Statutes.


4. Respondents own, or have or possess, or claim to own, have or possess, an interest in the land described in Exhibit A attached hereto and incorporated herein by reference (“Respondents’ Land”). Petitioner plans to build, install, operate, utilize, rebuild, repair, replace, remove and to maintain on Respondents’ Land an electrical substation with communication and other related facili- ties for the purpose of transmitting and dis- tributing electric power to the members of the general public within its service area and as part of the necessary functioning of Peti- tioner’s electric system (the “Facilities”). The construction and main- tenance of the Facilities is necessary for the public use and for the public benefit, and it is required by Petitioner for the purpose of con- ducting its business.


5. As a result of Peti- tioner’s plans to build, install, operate, utilize, inspect, rebuild, repair, replace, remove, and maintain the Facili- ties on Respondents’ Land, it is necessary that Petitioner acquire Respondents’ Land in fee simple, and that just


therefor be established in accordance with the provisions of Chap- ter 62, Article 9 and Chapter 40A, Section 2 of the North Carolina General Statutes. It is Petitioner’s good faith intention to continue the public use of the Facili- ties once Respondents’ Land is acquired. 6. Upon information and belief, the only parties who own, have or possess, or claim to own, have or possess, an estate or inter- est in Respondents’ Land, along with the addresses for said par- ties, as far as they can be reasonably ascer- tained, are set forth in Exhibit B attached hereto. 7. Upon information and belief, Respondents are not infants or under any legal disability of any type unless otherwise set forth on Exhibit B. 8. Petitioner is informed and believes, and alleges upon informa- tion and belief, that Respondents’ Land is, insofar as the same can by reasonable dili- gence be ascertained, subject to such liens and encumbrances as may be set forth in Exhibit C. 9. To the extent that Respondents own any buildings, structures, permanent improve- ments or fixtures which are situated on or affixed to the land, Respondents shall be permitted to remove all of them. WHEREFORE, Petitioner


compensation


respectfully prays as follows: 1. That the Court order appointment of three competent and dis- interested freehold- ers, residing in Wake County, whose duty it shall be to appraise the value of Respondents’ Land as described herein; and that the Court fix the time and place of the first meet- ing of said Commis- sioners; and 2.That the Court award Petitioner the desired fee simple ownership of Respondents’ Land upon the payment of just compensation to be fixed therefor by said Commissioners in accordance with law; and 3.That the Court award to Petitioner such other and further relief as to the Court may deem just and proper.


This the ___ day of December, 2010


SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNI- GAN, L.L.P. By: Matthew D. Rhoad N.C. State Bar No. 29409 Steven M. Sartorio N.C. State Bar No. 10026 P.O. Box 2611 Raleigh, North Carolina 27602 (919) 821-1220 Co-counsel for Peti- tioner


AND STEVENS, P.A. By: William Clarke N.C. State Bar No. 10278 P. O. Box 7647 Asheville, North Caro- lina 28802 Co-counsel for Peti- tioner STATE OF NORTH CAR- OLINA COUNTY OF WAKE Gayle S. Lanier, being first duly sworn, does deposes and says: That she is Vice Presi- dent – Corporate Ser- vices of Carolina Power & Light Company d/b/a Progress Energy Caro- linas, Inc., that she has authority to make this verification on its behalf, that she has read the foregoing Petition, and that the contents of the foregoing Petition are true to his or her own knowledge, except as to matters stated on information and belief, and as to those matters she believes them to be true.


This the December, 2010 day of


Gayle S. Lanier Vice President – Corpo- rate Services Sworn to and sub- scribed before me, this the ______ day of December, 2010. Notary Public My


Expires: (SEAL) EXHIBIT A (Description of Respon- dents’ Land Being Taken) Being all that certain parcel or tract of land located in Fairview Township, Buncombe County, North Carolina and being more fully described as follows (all coordinates are based on N.C. Grid NAD 83 (CORS 96)): BEGINNING at a 5/8” rebar w/cap in the southeast corner of a


Commission ROBERTS


tract of land owned, now or formerly, by Timothy K. Bugg and wife, Linda W. Bugg (see Book 4247, Page 982, Buncombe County Reg- istry) said point having NC Grid Coordinates of N 652573.65 (ft) and E 974031.06 (ft), said point also being located South 2819’42” West 241.49 feet - ground distance (241.44 – grid distance) from V&M GPS 2 having NC State Plane Coordinates of N 652361.12 (ft.) and E 973916.49 (ft.); thence from said beginning point along and with the eastern property line of said Bugg tract North 4006’06” East 140.06 feet to a 5/8” rebar w/ cap on line in the south- east corner of a tract of land owned, now or formerly, by WB Invest- ments of Asheville, LLC (see Book 4239, Page 1390, Buncombe County


thence along and with the eastern property line of said WB Invest- ments tract the follow- ing three (3) courses and distances: i) North 4006’06” East 14.11 feet to a 5/8” rebar w/cap on line; ii) North 4006’06” East 95.92 feet to a 5/8” rebar w/cap on line; and iii) North 4006’06” East 17.72 feet to a 5/8” rebar w/cap on line in the southeast corner of a tract of land owned, now or formerly, by Samuel Robert Moore, Jr. and wife, Sabrina Moore (see Book 4632, Page 707, Buncombe County Registry); thence along and with the eastern property line of said Moore tract North 4006’06” East 77.28 feet to a 5/8” rebar w/ cap on line; thence along said Moore tract and the eastern prop- erty line of a tract of land owned, now or for- merly, by Ali Soofi (see Book 4430, Page 161, Buncombe County Reg- istry) North 4006’06” East 359.67 feet to a ½” rod on line and North 4006’06” East 9.03 feet to a spindle set in the approximate center line of Gravely Branch Road (S.R. 3148) paved road said point also being located in the northeast corner of a tract of land owned, now or formerly, by Gary E. Carter, Donna Gail Carter Franklin and Janet Lynn Carter Wil- liams (see Book 4776, Page 1221, Buncombe County


thence along and with the center line of said Gravely Branch Road and the eastern prop- erty line of said Carter tract the following nine (9) courses and dis- tances: i) South 3201’40” East 163.16 feet to a point; ii) with a curve to the right, having a radius of 558.54 feet, an arc length of 307.71 feet and a chord bearing and distance of South 1614’42” East 303.84 feet to a point; iii) South 0027’44” East 286.22 feet to a point; iv) with a curve to the right, having a radius of 4981.54 feet, an arc length of 79.88 feet and a chord bearing and distance of South 0055’17” East 79.88 feet to a point; v) South


Registry); Registry);


0122’51” East 94.34 feet to a point; vi) with a curve to the right, having a radius of 4962.55 feet, an arc length of 95.22 feet and a chord bearing and distance of South 0049’52” East 95.22 feet to a point; vii) South 0016’53” East 79.12 feet to a point; viii) with a curve to the right, having a radius of 405.45 feet, an arc length of 302.77 feet and a chord bearing and distance of South 2106’40” West 295.78 feet to a point; and ix) South 4230’13” West 154.22 feet to a spindle set in the southeast corner of the said Carter tract and at or near the right of way of a gravel drive (Bunny Ridge Road); thence with the southwestern property line of said Carter tract and the northeastern property line of a tract of land owned, now or formerly, by Morris E. Presley and wife, Debra K. Pres- ley (see Book 1320, Page 271, Buncombe County Registry) North 4315’25” West 99.10 feet to a ¾” rebar on line and North 4315’25” West 1,291.27 feet to a ½” rod in the northeast corner of land owned, now or formerly, by L. Paul Prete and wife, Lynelle E. Flowers (see Book 3180, Page 224, and Book 4853, Page 1065, both Buncombe County


thence along and with the northeastern prop- erty line of said Prete tract the following six (6) courses and dis- tances: i) North 4315’25” West 110.23 feet to a ¾” rebar on line; ii) North 4315’25” West 71.42 feet to a 5/8” rebar w/cap on line; iii) North 4315’25” West 109.40 feet to a 5/8” rebar w/cap on line; iv) North 4152’42” West 295.89 feet to a 5/8” rebar w/cap on line; v) North 4152’42” West 54.61 feet to a ½” rod; and vi) North 0407’35” East 269.45 feet to a point in Emmas Grove Road (S. R. 3128) a.k.a. Concord Road (60’ NCDOT R/W) said point also being the northwest corner of said Carter tract and the northeast corner of said Long tract; thence along the southern property line of a tract of land owned, now or formerly, by George Perkins and wife, Annette Perkins (see Book 4092, Page 1109, Buncombe County Registry) and a tract of land owned, now or formerly, by Armstrong Investments USA, Inc. (see Book 2730, Page 697, Buncombe County Registry) South 5430’53” East 490.93 feet to an axle on line in the southwest corner of a tract of land owned, now or formerly, by Brenda R. Jones (see Book 3496, Page 606, Buncombe County Reg- istry); thence along and with the southern prop- erty line of said Jones tract South 5430’53” East 65.92 feet to a ¾” pipe and South 2548’13” East 81.51 feet to a 5/8” rebar w/ cap on line in the south- west corner of a tract


Registry);


of land owned, now or formerly, by Steve A. Maloy and wife, Janis E. Maloy (see Book 4145, Page 1627, Buncombe County


thence along and with the southern property line of said Maloy tract South 2548’13” East 150.13 feet to a 1 ½” pipe in the southwest corner of a tract of land owned, now or formerly, by Vincent E. Carangelo and Rosemarie Car- angelo (see Book 4404, Page 1771, Buncombe County


thence along and with the southern property line of said Carangelo tract South 4956’33” East 247.68 feet a to 5/8” rebar w/cap on line in the southwest corner of said Bugg tract; thence along and with the southern prop- erty line of said Bugg tract South 4956’33” East 247.73 feet to the point and place of BEGINNING. The above-described parcel contains 23.45 acres, more or less, as shown on the plat enti- tled “Plat of Subdivision Survey of a portion of the Gary E. Carter, Donna Gail Carter Franklin, and Janet Lynn Carter William Property”, prepared by Vaughn & Melton, dated December 14, 2010, last modified Dec. 17, 2010, bear- ing Drawing No. L-E- 10372, and recorded in Plat Book 128, Page 106, Buncombe County Registry, and being all of that portion of the property described in Book 704, Page 470 and Book 716, Page 198, both Buncombe County Registry, that lies west of the center- line of Gravely Branch Rd. (NCSR 3148). EXHIBIT B (Names and Addresses of Persons with Inter- ests in the Property) NAME & ADDRESS: Neil Carter and wife Lynn Carter 26 Emmas Grove Rd. Fletcher, NC 28732 Annie Rose Hobbs 6305 US Highway 401 S Bunnlevel, NC 28323- 9037 Phyllis Dale 138 Oakdale Dr. Spruce Pine, NC 28777 Christine George and husband William George 879 California Creek Rd. Mars Hill, NC 28754 Loraine Nelson and husband Eric Nelson 6510 Golden Lantern Ct. Apt. 106 Raleigh, NC 27613 Gary E. Carter and wife Christine Carter 2445 Tillery Lane Cumming, GA 30041 Donna Gail Carter Franklin and husband Robert L. Franklin 21 Whipporwill Dr. Weaverville, NC 28787 Janet Lynn Carter Wil- liams and husband Ray R. Williams, III 151 Grand Heron Dr. Panama City Beach, FL 32407 Myron Carter and wife Sharon Carter 630 Concord Rd. Fletcher, NC 28732 Sandra Fletcher and husband Kim Fletcher 1307 Pebble Creek Rd. SE Marietta, GA 30067 Selma Allen and hus- band Philip Allen 464 Madison Rd.


Registry); Registry);


North Augusta, SC 29841 L. Paul Prete and wife Lynelle E. Flowers 169 Emma’s Grove Rd. Fletcher, NC 28732 Estate of Roy Emory Carter


Carter, Executor 26 Emmas Grove Rd. Fletcher, NC 28732 Estate of Juanita E. Carter a/k/a Jessie Juanita Carter Unknown Unknown Heirs and Devisees of Juanita E. Carter a/k/a Jessie Juanita Carter Unknown EXHIBIT C (Liens and Encum- brances on the Prop- erty) 1. Indenture (deed of conveyance) from Roy Carter to J.F. Moore dated April 17, 1954 and recorded in Book 744 at page 77 of the Buncombe County Reg- istry. This instruments purports to convey a portion of the Property, and it provides that the property conveyed is to be “used as a Joint Right of Way.” 2. Easement for the benefit of Carolina Power & Light Company and its successors dated October 7, 1970 and recorded in Book 1028 at Page 127 in the Buncombe County Registry. 3. Right of way and easement for the ben- efit of Carolina Power & Light Company and its successors dated June 21, 1973 and recorded in Book 1083 at Page 433 in the Buncombe County Registry. The instrument applies only to Tract 1 of the Prop- erty. 4. Right of Way Agree- ment for the benefit of the Board of Transpor- tation dated January 30, 1975 and recorded in Book 1118 at Page 181. This instrument applies to all of the Property. 5. North Carolina Gen- eral Warranty Deed dated May 17, 1983 from Roy E. Carter, unmarried, and Carveth G. Carter and wife Violet K. Carter to Filmon Process Corp, which


is recorded in Book 1320 at Page 689 in the Buncombe County Registry. This deed grants and conveys to the grantee “in fee simple” an “easement” for ingress, egress and regress from Gravely Branch Road and the real property described in the deed recorded in Book 739 at Page 56 in the Buncombe County Registry. 6. Right of Way Agree- ment dated September 23, 1991 between Roy E. Carter and Robey M. Harrison, Steve M Har- rison and Claudia M. Harrison and recorded in Book 1667 at Page 072 in the Buncombe County Registry. This instrument grants a right of way across the Property for the benefit of property then owned by Robey M. Harrison and property owned by Steve M. Harrison and Claudia M. Harrison. 7. Easement for the ben- efit of Carolina Power & Light Company dated February 14, 2006 and recorded in Book 4246 at Page 334 in the Bun- combe County Registry.


Continued on the next page January 20 - January 26, 2011 - THE TRIBUNE/LEADER 19 instrument N e i l


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