Legals for 9/13 - 9/19/2019

September 11, 2019 chris
Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedIn

Publication Notice

In the Matter of the Adoption of Debra Hazelwood

Notice to: Jarred Gann and/or Any unknown father

Address: Unknown

You will take notice that a Petition for the Adoption of a minor child born to Erin Bowman, a natural mother, set to be heard on November 12, 2019 at 10:30 A.M., was filed on the 26th day of July, 2019, alleging that the identity of the natural father is unknown of has been disclosed to the Court (or his whereabouts are not known), and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor child’s birth date is January 11, 2010.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein, with J. Brian Huff, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P.O. Box 187, Gadsden, AL. 35902

Attorney for the Petitioner:

  1. Brian Huff, Esquire

2320 Arlington Avenue South

Birmingham, AL. 35205

This 6th day of September 2019.

Scott W. Hassell

Probate Judge

September 13, 20, 17 and October 4, 2019

 

 

Publication Notice

In the Matter of the Adoption

Notice to: Nicola Shariazon Minor, Edward Earl Abernathy and any unknown or undisclosed father

Address: Unknown

You will take notice that a Petition for the Adoption of a minor child (born to Nicola Shariazon Minor), set to be heard on November 12, 2019 at 11:00 A.M., was filed on 27th day of June, 2019, alleging that the whereabouts of the natural mother, Nicola Shariazon Minor, are unknown, the whereabouts of the presumed father, Edward Earl Abernathy are unknown and the identity of the natural parent of said minor child is unknown and has not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. The minor child’s date of birth is January 12, 2018.

Please be advised that should you intend to context this adoption, you must file a written response within thirty (30) days of the date of the last publication herein, with counsel for the petitioners, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P.O. Box 187, Gadsden, AL. 35902.

Attorney for the Petitioner:

Thomas King, Esquire

128 S. 8th Street

Gadsden, AL. 35901

This the 6th day of September, 2019.

Scott W. Hassell

Probate Judge

September 13, 20, 27 and October 4, 2019.

 

NOTICE OF SUMMONS

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: DR-19-900162-SJS

JENNIFER ABBOTT

PLAINTIFF,

VS.

WADE ABBOTT

DEFENDANT

TO: WADE ABBOTT

You are hereby notified that a Complaint against you has been filed in the Circuit Court of Etowah County, Alabama in Civil Action Number: DR-19-900162-SJS

You are hereby commanded and required to file with the Clerk of Court, and to serve upon the Plaintiff, an answer to the Complaint within 30 days after the last publication of this notice, or default judgment will be entered against you.

Date this the 23rd day of August 2019

Cassandra Johnson

Circuit Clerk

Jack Floyd, Esquire

Floyd Law Firm

Attorney for Petitioners

808 Chestnut Street

Gadsden, AL. 35901

(256)547-6328

September 13, 20, 27 and October 4, 2019

 

 

FILE CLAIMS

Sadie Benefield appointed Personal Representative on 08/21/2019 Estate of Frances Louise Whisenant deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

September 13, 20, and 27, 2019

 

FILE CLAIMS

Frances Hundley appointed Personal Representative on 08/26/2019 Estate of George Arnold Hundley deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

September 13, 20, and 27, 2019

 

FILE CLAIMS

Rosamond Mozley Humphries appointed Personal Representative on 08/08/2019 Estate of John Thomas Humphries deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

September 13, 20, and 27, 2019

 

FILE CLAIMS

Donna Morgan appointed Personal Representative on 08/08/2019 Estate of Hilda Golden deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

September 13, 20, and 27, 2019

 

FILE CLAIMS

James Darin Garrison appointed Personal Representative on 08/08/2019 Estate of Pauline Garrison deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

September 13, 20, and 27, 2019

 

FILE CLAIMS

Charlotte Diane Short appointed Personal Representative on 08/30/2019 Estate of Sara F. Brock deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

September 13, 20, and 27, 2019

 

FILE CLAIMS

Scott Thompson appointed Personal Representative on 08/26/2019 Estate of Durwood L. Thompson deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

September 13, 20, and 27, 2019

 

 

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christa F Hill & Christopher M Hill, Wife and Husband, originally in favor of Wachovia Bank, National Association, on the 10th day of April, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3293472; the undersigned Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on October 03, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot(s) 58-61, Block D, Clyde Burke Addition to Attalla, Alabama according to the Map or Plat thereof recorded in Plat Book E, Page 174 in the Office of the Judge of Probate, Etowah County, Alabama.

Being one and the same property as that described in Mortgage recorded in Instrument No. 3293472.

Property street address for informational purposes: 317 Hale St SE, Attalla, AL 35954

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A., Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

  1. O. Box 55727

Birmingham, AL 35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

281592

September 13, 20 and 27, 2019

 

 

 

NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Delita R Patterson A Single Woman to Mortgage Electronic Registration Systems, Inc, as mortgagee, as nominee for Superior Bank, its successors and assigns dated May 28, 2010; said mortgage being recorded on June 3, 2010, as Instrument No. 3332955 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to U.S. BANK NATIONAL ASSOCIATION in Instrument 3410824 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, U.S. BANK NATIONAL ASSOCIATION, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 5th day of November, 2019 the following property, situated in Etowah County, Alabama, to-wit:

Commence at the Northwest corner of the Southwest quarter of the Northeast quarter of Fractional Section 17, Township 10 South, Range 5 East; thence South 2 degrees 55 minutes 31 seconds East 1354.79 feet; thence North 88 degrees 31 minutes 01 seconds West 1048.72 feet, to the point of beginning; thence North 88 degrees 31 minutes 01 seconds West 253.47 feet; thence North 10 degrees 09 minutes 24 seconds West 43.26 feet; thence commencing North 6 degrees 35 minutes 55 seconds West 100.45 feet; thence North 4 degrees 39 minutes 02 seconds West 9.56 feet; thence North 87 degrees 21 minutes 30 seconds East 209.48 feet; thence South 20 degrees 50 minutes 11 seconds East 180.00 feet to the point of beginning. Being in Section 17, Township 10 South, Range 5 East in Etowah County, Alabama.

Said property is commonly known as 54 Alewine Street, Boaz, AL 35956.

Should a conflict arise between the property address and the legal description the legal description will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

U.S. BANK NATIONAL ASSOCIATION

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 9188119

www.foreclosurehotline.net

September 13, 20 and 27, 2019

 

 

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on April 24, 2006 by Enga Sturns, single, originally in favor of Wells Fargo Bank, N.A., and recorded in Instrument Number at 3246162 on May 5, 2006, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2006-2 Trust, Home Equity Asset-Backed Certificates, Series 2006-2 as reflected by instrument recorded in Instrument Number, 3382452 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on October 17, 2019, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Lot Number One (1) of the Frank Adams Estate Subdivision as the same appears of record in Book of Town Plats “A”, page 342, Probate Office, Etowah County, Alabama and lying and being in the City of Gadsden, Etowah County, Alabama.

Being the same as property acquired by Area Lee Adams by virtue of that certain Special Warranty Deed from William J. Wade, trustee of Mid-State Trust II, dated May 30, 1997, which is recorded in Book 1997 at Page 195 on June 24, 1997. Commonly known as 1121 WainWright Avenue, Gadsden, Alabama 35903.

For informational purposes only, the property address is: 1217 Wainwright Ave, Gadsden, AL 35903.

Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale. The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro & Ingle, LLP at the address indicated below. Shapiro & Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2006-2 Trust, Home Equity Asset-Backed Certificates, Series 2006-2, and its successors and assigns

Mortgagee or Transferee

SHAPIRO & INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007145

Attorneys for Mortgagee or Transferee

September 13, 20 and 27, 2019

 

 

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Hubert E Bailey, unmarried, to Regions Bank, on April 15, 2014, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3401270; Regions Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 8, 2019, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

THE FOLLOWING DESCRIBED REAL ESTATE IN ETOWAH COUNTY, STATE OF ALABAMA TO-WIT:

LOT NO. 3 IN BLOCK 2, IN THE M. K. FOSTER HEIRS ADDITION TO GADSDEN, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE BOOK OF TOWN PLAT “A”, PAGE 314, PROBATE OFFICE, ETOWAH COUNTY ALABAMA.

SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD IF ANY.

BEING THE SAME PREMISES CONVEYED TO HUBERT E. BAILEY FROM JEANETTE BURKE MILLER, A WIDOW BY WARRANTY DEED DATED 6/17/1994, AND RECORDED ON 6/30/1994, AT BOOK 1901, PAGE 331, IN ETOWAH COUNTY, AL.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

Regions Bank

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Drive

Suite 200

Birmingham, AL 35242

Phone: (205) 970-2233

September 13, 20 and 27, 2019

 

 

NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Gerald Lee Riley and wife, Sheree Riley, to Ameriquest Mortgage Company, on July 27, 1999, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book 1999, Page 223; and subsequently transferred to Western United Life Assurance Co.; and subsequently transferred to Metropolitan Mortgage & Securities Co., Inc.; and subsequently transferred to The Bank of New York, as trustee, pursuant to the terms of that certain Pooling and Servicing Agreement dated as of September 1, 2000 related to Metropolitan Asset Funding, Inc., Mortgage Pass-Through Certificates, Series 2000-B; and subsequently transferred to The Bank of New York Mellon as trustee, Pursuant to the terms of that certain pooling and servicing Agreement dated as of September 1, 2000 related to Metropolitan Mortgage funding, Inc., Mortgage pass through certificates, series 2000-B; The Bank of New York Mellon, f/k/a the Bank of New York, as Trustee for, Metropolitan Mortgage Funding, Inc., Mortgage Pass-Through Certificates, Series 2000-B, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 3, 2019, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

The east 115 feet of the west 135 feet of Lots Number Eleven (11) and Twelve (12), in Block “E”, of Sima Addition to Glencoe, as recorded in Plat Book “C”, page 227, Probate Office, Etowah County Alabama.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

The Bank of New York Mellon, f/k/a the Bank of New York, as Trustee for, Metropolitan Mortgage Funding, Inc., Mortgage Pass-Through Certificates, Series 2000-B

Transferee

Jauregui, Lindsey, Longshore & Tingle

244 Inverness Center Drive

Suite 200

Birmingham, AL 35242

Phone: (205) 970-2233

September 13, 20 and 27, 2019

 

 

Notice of Mortgage Foreclosure

Whereas, default has been made in the terms of the mortgage executed on the 10th day of November, 2008, by Shirley J. Rose, as a mortgagor, in favor of Rita P. Mayo, as mortgagee, as recorded in the Office of the Judge of Probate of Etowah County, Alabama at Inst. # 3304264, and said default continuing, the mortgagee, under power of sale contained in said mortgage, will sell at auction for cash to the highest bidder on the steps of the Etowah County Courthouse in Gadsden, Alabama, during the legal hours of sale on the 14th day of October, 2019, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:

Commence at the Southeast Corner of the SE ¼ of the SW ¼ in Section 28, T-12-S,

R-5-E, Etowah County, Alabama; thence S 89 degrees 24’ 41” W, along the South Line thereof a distance of 763.66 feet to the point of beginning; thence continue S 89 degrees 24’41” W along said line, a distance of 712.27 feet; thence N 00 degrees 50’ 14” W, leaving said south line a distance of 913.45 feet; thence N 57 degrees 07’ 30” E, a distance of 133.83 feet; thence N 63 degrees 20’ 44”E, a distance of 153.22 feet; thence N 51 degrees 52’ 47” E, a distance of 103.92 feet; thence N 46 degrees 49’ 10” E, a distance of 162.05 feet; thence S 09 degrees 27’ 06” E, a distance of 318.31 feet; thence S 08 degrees 17’ 18” E, a distance of 129.07 feet to a point of curve to the left having radius of 325.00 feet and central angle of 37 degrees 14’ 24”; thence Southeasterly along the Arc a distance of 211.24 feet; thence S 45 degrees 31’ 41” E, a distance of 12.82 feet to a point of curve to the right having a radius of 275.00 feet and a central angle of 42 degrees 34’ 01”; thence Southeasterly along the Arc a distance of 204.31 feet, thence S 02 degrees 53’ 04” E, a distance of 405.17 feet to the point of beginning and containing 15.00 acres , more or less.

ALSO, a 30-foot wide ingress/egress easement to the above described tract of land is described by the centerline as follows:

Commence at the southeast corner of NE ¼ of the SW ¼ in Section 28, T-12-S, R-5-E, thence S 01 degrees 14’ 54” E, a distance of 18.03 feet to the center of Rose Road, the point of beginning of said centerline, thence along said centerline of said easement with the following chords: N 60 degrees 26’ 38” W, a distance of 110.52 feet; thence N 47 degrees 27’ 33” W, a distance of 176.68 feet; thence N 74 degrees 53’ 23” W, a distance of 104.69 feet; thence S 79 degrees 52’ 24” W, a distance of 172.88 feet, thence S 89 degrees 58’ 41” W, a distance of 160.38 feet; thence S 62 degrees 53’ 26” W, a distance of 373.47 feet; thence S 46 degrees 49’ 10” W, a distance of 293.20 feet; thence S 51 degrees 52’ 47” W, a distance of 98.86 feet; thence S 63 degrees 20’ 44” W, a distance of 131.79 feet; thence S 26 degrees 39’ 16” E, a distance of 35.00 feet to the point of ending. Said easement being 15 feet on each side of the above-described centerline.

Said sale is made for the purpose of foreclosing of said mortgage, and paying the mortgage debt and the costs and expenses of foreclosure, including a reasonable attorney’s fee.

THE PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS THE TITLE, USE, AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

ALABAMA LAW GIVES SOME PERSONS WHO HAVE AN INTEREST IN PROPERTY THE RIGHT TO REDEEM THE PROPERTY UNDER CERTAIN CIRCUMSTANCES. PROGRAMS MAY ALSO EXIST THAT HELP PERSONS AVOID OR DELAY THE FORECLOSURE PROCESS. AN ATTORNEY SHOULD BE CONSULTED TO HELP YOU UNDERSTAND THESE RIGHTS AND PROGRAMS AS A PART OF THE FORECLOSURE PROCESS.

The Mortgagee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation; contact Jason Knowles at the phone number shown below prior to attendance at sale.

Jason Knowles

Knowles & Sullivan LLC.

Attorney for Mortgagee

400 Broad Street

Gadsden, AL. 35901

Phone 256-547-7200

Jason@kkslawgroup.com

September 13, 20, and 27, 2019

 

LEGAL NOTICE

C FORM OF ADVERTISEMENT FOR COMPLETION

In accordance with Chapter 1, Title 39, code of Alabama 1975, notice is hereby given that Alabama Roofing, contractor, has completed the Contract for Public Works 19-110 Bevill Center High Bay Reroofing project at the EAST BROAD CAMPUS for Gadsden State Community College, Gadsden, Alabama for the State of Alabama and the (County) of Etowah, Gadsden, Owner(s), and have made request for final settlement of said Contract. All persons having any claims on for labor, materials, or otherwise in connection with this project should immediately notify: Kevin McFry, Dean of Financial and Administrative Services, Gadsden State Community College, PO Box 227, Gadsden, AL 35902.

September 13, 2019

 

LEGAL NOTICE 

J & D Enterprises, LLC hereby gives notice of completion of contract City of Gadsden for South 11th Street, Brooke Avenue, Scenic Drive and Hooks Lake Road Resurfacing Project, Bid Request No. 3385. This notice will appear for four consecutive weeks beginning on September 13, 20, 27 and October 4, 2019. All claims should be filed at J & D Enterprises, LLC, P.O. Box 583, Gadsden, AL 35902 during this period.

September 13, 20, 27 and October 4, 2019

 

 

Legal Notice

McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. STPOA-2818(250) in Etowah County. This notice will appear for four consecutive weeks beginning on September 13 and ending on October 4, 2019. All claims should be filled at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden Alabama 35901 during this period.

September 13, 20, 27 and October 4, 2019

 

Legal Notice

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

LARRY GREENWALT,

PLAINTIFF,

WYATT OSMAN, AND HIS HEIRS AND

DEVISEES, IF DECEASED; JENNA R.

OSMAN, AND HER HEIRS AND

DEVISEES, IF DECEASED, AND THE

FOLLOWING DESCRIBED PARCEL OF

REAL PROPERTY, SITUATED IN

ETOWAH COUNTY, ALABAMA, TO-WIT:

LOT # 42 OF THE KNOLLS AT

HICKORY RIDGE, ACCORDING TO

THE SURVEY AND PLAT AS THE

SAME APPEARS OF RECORD IN

PLAT BOOK L, PAGE 56, PROBATE

OFFICE, ETOWAH COUNTY,

ALABAMA.

DEFENDANTS.

NOTICE ISSUED TO THE FOLLOWING: Wyatt Osman and Jenna R. Osman and their heirs and devisees, if deceased, and all other persons claiming any present, future, contingent, reversion, or other interest in the above described real property.

Please take notice that Larry Greenwalt has filed an action in the Circuit Court of Etowah County, Alabama seeking to quiet title to the above described real property. The above named defendant, whose whereabouts are unknown, must answer said Complaint on or before October 28, 2019, or thereafter a judgment by default may be rendered against said Defendants in Etowah County Circuit Court Case Number: CV-2019-900750-GCD.

DONE this 11th day of September, 2019.

CASSANDRA “SAM” JOHNSON,

CLERK OF COURT

Jonathan M. Welch

Attorney for Plaintiff

1925 Rainbow Drive

Gadsden, Alabama 35901

September13, 20 and 27, 2019

 

ORDINANCE NO. O-27-19

Amending Section 130-493 and Section 130-497, Article XIII – Mobile Food Vehicles

Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

Section 1.   Article XIII, Section 130-493 General location regulations, is amended as follows:

(a) May not operate within 300 feet of any brick and mortar restaurant.

(b) May not operate at any City of Gadsden park or other City of Gadsden property unless:

(1) At a special event hosted by the City of Gadsden (see Section 130-496)

(2) At a designated mobile food vending site approved by the City of Gadsden Planning Department (designated as such by appropriate signage)

Section 2.        Article XIII, Section 130-497, Hours of operation, is amended as follows:

(a)        Monday through Sunday between the hours of 10:00 a.m. and 10:00 p.m.

Section 3.         A violation of this ordinance shall be punished as provided in Section 1-7 of the City Code.

Section 4.        The provisions of this ordinance shall be effective on publication.

Section 5.        The sections, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable. If any section, subsection, paragraph, sentence, clause and phrase of this ordinance is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this ordinance. The city council declares that it is its intent that it would have enacted this ordinance without such invalid or unconstitutional provisions.

Section 6.        The provisions of this ordinance repeal any prior ordinance or provision of the Gadsden City Code to the extent of any conflict.

Adopted this ordinance at an open public meeting held on September 3, 2019.

Iva Nelson, City Clerk

September 13, 2019

 

ORDINANCE NO. O-28-19

REZONING PROPERTIES ON VALLEY STREET AND RESERVOIR STREET

BE IT ORDAINED BY THE CITY COUNCIL OF GADSDEN, ALABAMA, that the Official Zoning Map of the City of Gadsden adopted by Ordinance No. O-02-82, as amended, is hereby further amended by changing the zoning classification district for the following described properties from R-1, One-Family Residence District, to B-1, Neighborhood Business District:

Lots 16 through 19, in Block 12, of the Ewing Addition, as recorded in Plat B-396.

The East 60 feet of Lots 35 and 36, Block 13, Ewing Addition, as recorded in Plat Book “B,” Page 396, and

A tract or parcel of land is described as consisting of a portion of Lot 36, and the South 20’ of Lot 35 in Block 13 of Ewing Addition to Gadsden, Alabama, more particularly described as follows: Begin at a point in the East ROW of Valley Street at the SW corner of Lot 36 in Block 13; thence run Northerly along the East ROW of Valley Street 70’ to a point; thence deflect right and run parallel with the Southerly line of said Lot 36 a distance of 100’ to a point; thence deflect right and run Southerly and parallel with Valley Street 70’ to the SE corner of said Lot 36; thence deflect right and run with the Southerly line of said Lot 36 to the point of beginning; being a portion of Lots 35 and 36, in Block 13 of Ewing Addition to Gadsden, Alabama, as recorded in Plat Book “B,” Page 396, Probate Office, Etowah County, Alabama, and

A tract or parcel of land is described as being the North 30’ of Lot 35 in Block 13 in the Ewing Addition to Gadsden, Alabama, more particularly described as follows: Being at a point in the East ROW of Valley Street at the NW corner of said Lot 35; thence run Easterly along the North line of said Lot 35 a distance of 100’ to the NE corner thereof; thence deflect right and run Southerly along the East line of said Lot 35, 30’ to a point; thence deflect right and run Westerly parallel with the North line of said Lot 35, 100’ to the West side of said Lot 35, being the East ROW of Valley Street; thence deflect right and run Northerly along Valley Street ROW, 30’ to the point of beginning, said parcel being a portion of Lot 35 in Block 13 as recorded in Plat Book “B,” Page 396, in the Probate Office of Etowah County, Gadsden, Alabama, and

Lot One and Two of Block 13, Ewing Addition to Gadsden, Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama, as recorded in Plat Book “B,” Page 396 and recorded in Deed Book “820,” Page 119 in the Office of the Judge of Probate of Etowah County, Alabama, and

Lot 34 in Block Number 13 in Ewing Addition, according to the map thereof recorded in Plat Book “B,” Page 396-397, Probate Office, Etowah County, Alabama, and

Lots 3 and 4 in Block 13 in the Ewing Addition, according to map thereof recorded in Plat Book “B,” Page 396, in the Probate Office of Etowah County, Alabama.

Adopted by the City Council of Gadsden, Alabama at a meeting held on September 3, 2019.

Iva Nelson, City Clerk

September 13, 2019

 

 

RESOLUTION NO. R-333-19

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

218 9th STREET SOUTH, also identified as 902 ELM STREET, in District 4 in the City of Gadsden, more particularly described as:

Lot Number 1, Block 1, R. A. Griffin’s Second Addition to East Gadsden, Alabama, as recorded in Plat Book A, Page 406, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to MARK ANDERSON FAMBROUGH, 218 9th Street South, 902 ELM STREET, Gadsden, AL, CITIZENS BANK & TRUST, P.O. BOX 1667, Albertville, AL, 324 N. Broad Street, Albertville, AL,

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 3, 2019.

Iva Nelson, City Clerk

September 13, 2019

 

 

 

RESOLUTION NO. R-334-19

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

232 E. WALNUT STREET in District 4 in the City of Gadsden, more particularly described as:

Parcel 1:

Lots Number Twelve (12) and Twelve-A (12-A) in Block Four (4), Goodyear Square, as the same appears of record in Plat Book “C”, page sixty-six (66) and sixty-seven (67), Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

Parcel 2:

Lot Number Eleven (11) in Block Number Four (4) of the W. T. Cox East Broad Street Addition, according to the map or plat of the same as it appears of record in the Office of the Judge of Probate of Etowah County, Alabama in Plat Book “C”, at Page 14, and lying and being in the City of Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to SUNIT B. CHOUDHARI, 1558 Scenic Pines Drive, Lawrenceville, Georgia 30044-6284.

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 3, 2019.

Iva Nelson, City Clerk

September 13, 2019

 

 

RESOLUTION NO. R-335-19

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

205 HERZBERG AVENUE in District 4 in the City of Gadsden, more particularly described as:

Parcel 1:

Lots Number Twelve (12) and Twelve-A (12-A) in Block Four (4), Goodyear Square, as the same appears of record in Plat Book “C”, page sixty-six (66) and sixty-seven (67), Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

Parcel 2:

Lot Number Eleven (11) in Block Number Four (4) of the W. T. Cox East Broad Street Addition, according to the map or plat of the same as it appears of record in the Office of the Judge of Probate of Etowah County, Alabama in Plat Book “C”, at Page 14, and lying and being in the City of Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to SUNIT B. CHOUDHARI, 1558 Scenic Pines Drive, Lawrenceville, Georgia 30044-6284.

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

1.The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

  1. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 3, 2019.

Iva Nelson, City Clerk

September 13, 2019

 

 

RESOLUTION NO. R-336-19

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

402 BRYAN STREET in District 6 in the City of Gadsden, more particularly described as:

Lot 14, Block 11, in Walnut Park or West Point Second Addition to Gadsden (Alabama City), Alabama as set out in Plat Book “B”, Page 117, in the Office of the Judge of Probate of Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to CHARLOTTE GOSSETT, 1011 B. Hill Avenue, Glencoe, Alabama 35905.

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 3, 2019.

Iva Nelson, City Clerk

September 13, 2019

 

 

RESOLUTION NO. R-337-19

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

416 N. 24TH STREET (REAR) in District 6 in the City of Gadsden, more particularly described as:

6.73 AC LYING IN NE1/4 NW1/4 6-12-6 GADSDEN PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to BELTLINE CANTERBERRY, LTD, 200 Green Springs Highway, Birmingham, AL, SOUTHERN STATES BANK, 7 Office Park Circle, Birmingham, AL.

Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on September 3, 2019.

Iva Nelson, City Clerk

September 13, 2019

 

 

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/18/2019

2003 Mercedes SL500 VIN: WDBSK75F33F012488

2007 Honda CRV VIN: JHLRE38797C081264

2002 Hyundai Santa FE VIN: KM8SC13D82U222801

1996 Chevrolet K15800 VIN: 2GCEK19R2T1136694

2002 Buick Regal VIN: 2G4WB55K321128151

ER Towing and Recovery

1733 Forrest Avenue

Gadsden, AL. 35901

256-547-1549

September 13 and 20 2019

 

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/18/2019

2008 Chevrolet Impala VIN: 2G1WT58K281375157

1998 Chevrolet GMT-400 VIN: 2GCEC19R1W1169381

Hammett Towing

240 Wesson Lake Road

Attalla, AL. 35954

256-613-8499

September 13 and 20, 2019

 

 

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/18/2019

2012 Hyundai Veloster VIN: KMHTC6AD5CU060587

Maximum Diesel and Auto Repair and Service

2000 Hickory Street

Gadsden, AL. 35904

256-553-2346

September 13 and 20, 2019

 

 

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/18/2019

1999 Ford F250 VIN: 1FTNW21F8XED14821

Nick Patterson

755 Rifle Range Road

Glencoe, AL. 35905

256-328-0882

September 13 and 20, 2019

 

 

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/18/2019

2018 Dodge Journey VIN: 3C4PDCAB1JT302311

2018 Kia Optima VIN: 5XXGT4L33JG246396

Thacker Towing

927 5th Avenue NE

Attalla, AL. 35954

256-546-9994

September 13 and 20, 2019

 

 

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 10/18/2019

2013 Dodge Journey VIN: 3C4PDCBB1DT702940

2012 Hyundai Veloster VIN: KMHTC6AD8CU032275

Twenty Four Seven Towing

1207 Gault Ave S.

Fort Payne, AL. 256-630-2015

September 13 and 20, 2019