Legal/Public Notices for 07-11-10 (3) on The Murfreesboro Post

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Legal/Public Notices for 07-11-10 (3)

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Posted: Monday, July 12, 2010 4:29 pm

LEGAL NOTICE OF PUBLIC HEARING
The Murfreesboro Planning Commission will meet at 7:00 PM on July 21, 2010, in the Council Chambers in City Hall at 111 W. Vine Street, Murfreesboro, Tennessee to consider the above illustrated zoning action [2010-418] for 9 parcels (approximately 12.64 acres) located north of Wilkinson Pike and west of West Park Drive. The proposed action is to zone the parcels GDO-2 (Gateway Design Overlay District-2) as an overlay district. The purpose of the GDO regulations is to
establish a framework for site planning and design to ensure development of a high quality. For additional information you may contact the Planning Department at (615) 893-6441.
Joseph D. Aydelott, Planning Commission Secretary
To be run July 11, 2010

LEGAL NOTICE OF PUBLIC HEARING
The Murfreesboro Planning Commission will meet at 7:00 PM on July 21, 2010, in the Council Chambers in City Hall at 111 W. Vine Street, Murfreesboro, Tennessee to consider the above illustrated zoning request [2010-417] for property located south of Manson Pike and west of Brinkley Road. The request is to amend the Manson Pike Center PCD (Planned Commercial District) to include a “liquor store” as a permitted use. The application is being made by Charlie Patel who may be reached at (615) 496-0447. For additional information you may contact the Planning Department at (615) 893-6441. The public and all interested parties are invited to attend the public hearing.
Joseph D. Aydelott, Planning Commission Secretary
To be run July 11, 2010

SUBSTITUTE TRUSTEE'S
NOTICE OF FORECLOSURE SALE
WHEREAS, default having been made of an indebtedness described in and secured by that certain Deed of Trust dated January 12, 2007, executed by BRYAN J. KIRKPATRICK and DANA R. KIRKPATRICK, to J. BEN WEATHERFORD, TRUSTEE, recorded in Record Book 705, page 1616, of the Register's Office for Rutherford County, Tennessee, embracing certain real estate hereinafter described, which Deed of Trust was modified to increase the secured principal amount by instruments of record in Record Book 797, page 1932, and in Record Book 800, page 2138, and the undersigned, Rodney M. Scott, having been appointed Substitute Trustee by an instrument duly recorded in Record Book 993, page 1470, of the Register's Office for Rutherford County; and MIDSOUTH BANK, the holder of said indebtedness, having declared the entire unpaid balance immediately due and payable, and said note not having been paid, and said holder having directed them so to do;
NOTICE IS HEREBY GIVEN, that he will, on Wednesday, July 21, 2010, at or about the hour of 11:00 a. m., at the site of the property being sold at 6019 and 6022 Seminary Road, Smyrna, TN, 37167, SELL to the highest and best bidder for cash and free from all right of homestead, exemption in and equitable and statutory redemption of the property, and borrowers hereby relinquish all right of dower and curtesy in the property, the following described parcel of real estate situated in Rutherford County, Tennessee, to-wit:
Being a certain tract or parcel of land lying and being in the Fourth Civil District of Rutherford County, Tennessee, near the Town of Smyrna, located on Tax Map 55, as Parcel 7.00, being the property recorded in Deed Book 155, page 209, and is more particularly described as follows:
Beginning at a ½” Rebar (N) w/Sexton Cap in the north right-of-way of Almaville Road, this being the southwest corner of the property described herein and the southeast corner of CUD (383/231), reference the centerline intersection of Almaville Road and Old Seminary Road at a distance of 187.98 feet; thence leaving the aforementioned right-of-way and with CUD for two calls: N 06 deg. 32’ 36” E a distance of 96.89 feet to a ½” Rebar (N) w/Sexton Cap, this being the northeast corner of CUD; N 83 deg. 27’ 24” W a distance of 84.67 feet to a ½” Rebar (N) w/Sexton Cap in the east right-of-way of Seminary Road, this being the northwest corner of CUD; thence leaving CUD and with the aforementioned right-of-way N 06 deg. 40’ 42” E a distance of 860.33 feet to a ½” Rebar (N) w/Sexton Cap, this being the northwest corner of the property described herein and the southwest corner of Freeman (180/137); thence leaving the east right-of-way of Seminary Road and with Freeman and a fence for three calls: S 65 deg. 03’ 22” E a distance of 287.37 feet to a ½” Rebar (N) w/Sexton Cap; S 66 deg. 05’ 40” E a distance of 101.69 feet to a ½” Rebar (N) w/Sexton Cap; S 66 deg. 37’ 19” E a distance of 133.02 feet to a 6” Snag Recovered at a fence corner, this being the southeast corner of Freeman and the northeast corner of the property described herein in the west line of Belmont Property, LLC (RB 455/278); thence leaving Freeman and with Belmont Property, LLC and a fence for four calls: S 07 deg. 51’ 02” W a distance of 145.72 feet to a ½” Rebar (N) w/Sexton Cap; S 08 deg. 15’ 54” W a distance of 105.87 feet to a ½” Rebar (N) w/Sexton Cap; S 07 deg. 02’ 27” W a distance of 217.80 feet to a ½” Rebar (N) w/Sexton Cap; S 07 deg. 09’ 40” W a distance of 176.89 feet to a ½” Rebar (N) w/Sexton Cap in the north right-of-way of Almaville Road, this being the southeast corner of the property described herein and the southwest corner of Belmont Property, LLC; thence leaving the fence and Belmont Property, LLC and with the aforementioned right-of-way for three calls: on a curve to the left having a radius of 1552.00 feet and an arc length of 12.70 feet (chord bearing S 87 deg. 49’ 29” W, chord distance of 12.70 feet) to a ½” Rebar (N) w/Sexton Cap; on a curve to the left having a radius of 902.00 feet and an arc length of 330.20 feet (Chord bearing S 78 deg. 56’ 55” W, chord distance 328.36 feet) to a ½” Rebar (N) w/Sexton Cap; on a curve to the left having a radius of 588.62 feet and an arc length of 93.37 feet (chord bearing S 63 deg. 55’ 01” W, chord distance of 93.27 feet) to the point of beginning containing 8.82 acres, more or less, according to survey performed by Mid-Tenn Surveying, LLC, Christopher Blake Sexton, RLS #2400, 2159 N. Thompson Lane, Suite B1, Murfreesboro, TN 37129, on November 13, 2006.
Being the same property conveyed to Bryan J. Kirkpatrick and wife, Dana R. Kirkpatrick by Deed from Roy E. Mullins and wife, Betty T. Mullins, of record in Record Book 705, page 1614, Register’s Office for Rutherford County, Tennessee.
This is improved property known as 6019 and 6022 Seminary Road, Smyrna, TN, 37167.
OTHER INTERESTED PARTIES: Town of Smyrna-Codes Department, Simplex Grinnell, GP, Associated Building Concepts, Inc., Fulks Concrete Contractors, Inc., and First Niagara Bank.
THIS SALE IS SUBJECT TO any and all unpaid taxes, restrictive covenants, easements for public utilities, drainage or other purposes, and setback lines; any and all prior liens or encumbrances against the aforesaid property; any statutory rights of redemption not otherwise waived in the Deed of Trust of MidSouth Bank as set forth in Record Book 705, page 1616, as modified by instruments of record in Record Book 797, page 1932, and in Record Book 800, page 2138, including rights of redemption of any governmental agency, state or federal; all zoning and subdivision restrictions of the appropriate governmental body, along with any easements and right of ways of public roads and utilities and to any and all matters of record; all in the Register’s Office of Rutherford County, Tennessee, and all other matters pertaining to the aforesaid property and of record in said Register’s Office. This sale is also subject to any matter that an accurate survey of the premises might disclose.
Said sale will be made for the purpose of satisfying said indebtedness to MidSouth Bank, and the undersigned Substitute Trustee will deliver to the Purchaser a Substitute Trustee's Deed conveying said property without any covenant or warranty, expressed or implied.
RODNEY M. SCOTT, SUBSTITUTE TRUSTEE
12 Public Square, Murfreesboro, TN 37130
To be Run: June 27, July 4, and July 11, 2010

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