Newspapers / The Brunswick Beacon (Shallotte, … / July 18, 1991, edition 1 / Page 36
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Legal Notices JfTATK OK NORTH CAROLINA rot M Y OK KRl NSWICK IN THK CKNKRAL ("Ol'RT OK Jl'STICK St I'KRIOR COl'KT DIVISION Before The ( "lirk VI SI' 147 IN TIIK M VITKK OK THK KORKCI.O St Kl OK A l)KKD OK I KI ST KXK CITKI> BV LLOYD K MII.LIkKN DATKI) MARCH 30. 1990 AND KK ('ORI)KD IN HOOK 800 AT I'ACK 658 OK THK UK I NSWICK COl VIA RK<;. 1ST RY l?\ WILLIAM O. J. I.VNCH TRISTKK 1'ndcr ami by virtue of the |*>wcr and au thorily contained in thai certain Deed of I rust executed and delivered by l.loyd K Millikcn and daied March 30. I WO. and recorded in ihc Office of the Register of Deeds ?f Hrunsuick County. North Carolina, in Hook SOO at Page 65X and hecausc of de lault having N-cn made in the payment of the indebtedness secured by said IX-ed of Trust and failure to do and perform the stipulations and agreements therein contained, and i*ir suant to ?Jcm in.l of the Owner and Holder of the indebtedness secured by said IX-ed of Trust, the undersigned Trustee w ill expose lor sale al public auction to the highest bid der for cash the property therein described together with any improvements thereon) to wit: IN I I KN VI IONAI. PAPI-R COMPANY ROl'RK NO 1 ? OCT NO 2 Iteginning at an iron pipe set in the northern K AV of NC Highway No 13!). said iron pipe being N 73 degrees 58 minutes 41 seconds K 279.50' from an existing iron pipe. existing iron pipe be ing N 49 degrees 47 minutes 05 seconds W 10,201 95' from NCGS "Masonic" N \0 S* and having ivordinates of v = 7SXM WS and x = 2183329.832; thence leasing said point of tx-ginmng in tlie line of N/K J.I: Stanley, ci al N 73 degrees 5S minutes 43 seconds I: I lt>4 29 to an existing iron pipe; said pipe being a comcr common with N71 J I-.. Stanley ci al and N/l* (icorge Stan ley. (-.state, thence S 75 degrees 4S min utes 35 seconds |*. 372.10' to an existing iron pipe, said iron pipe being a comcr common with N/I-' George Stanley. Lslatc and Atlantic Telephone Member ship Corp.; thence as a line with Atlan tic Telephone Membership Corp. S 28 degrees 49 minute* 57 seconds W 914.33' to an existing iron pipe, said iron pipe being in the northern R/W of NC Highway No 130. thence N hi de grees 12 minutes 42 seconds W 1185.39' to an iron pipe set. said pipe being the point and place of beginning containing 14.94 acres more or less ac cording to survey and plat b> Ragsdalc Consultants. I'A. dated 11/3/89 entitled "Survey For International Paper Co., Rourk No. I ? Out No. 2". PART OF ROl'RK 31 ? OCT NO 3 Beginning at a point where the southern righl-of way of N C Highway No. 130 intersects the ccntcrlinc of NCSR No. 1320; thence as the centerline of NCSR No. 1320 South 63 degrees, 40 minutes. 4h sccouds. West 705.32' to a P.K nail set. thcncc leaving said ccntcrlinc as the line of N/l-' Rebel McNeil North 00 de grees, 59 minutes, 03 scconds West 554.78' to an existing iron pipe; thcncc North 73 degrees. 58 minutes, 42 scc onds liast 137.60 to an iron pipe set cm the s.Hithcm right of way of N.C. High way No 130. thcncc as the southern right-of-way of N. C. Highway No. 130 StHith 61 degrees 12 minutes, 43 scc onds Fast 581.32' to the point and placc of beginning containing 4.707 acres as sho*n on a map by Ragsdalc Consult ants, P. A. entitled survey for Interna tional Paper Company Rourit No. I . Out No. 3 dated November 3, 19S9. Ihcsc arc the cxact same tracts convcycd to William O J I.ynch, Trustee by deed of trust recorded in Book 800 al Page 658 of the Brunswick County Register of Deeds. Hie sale will be made subject to all prior liens, unpaid taxes, restrictions and ease ments of record and assessments, if any. Hie record owners of the above dcscribcd real projvns as reflected on the rccords of the Brunswick County Register of Deeds' Office not more than ten (10) days pnor to the posting of this Notice arc IJoyd R. Millikcn, Jan K Dale and wife, Emma Ijyc Dale and James J. Stoffcl. Pursuant to North Carolina General Stat ulcs 45-21. 10(b), any successful bidder may be required to deposit with the Trustee im mediately upon conclusion of the sale a cash deposit of ten (10%) perccnl of the bid up to and including Sl.000.00 p|us flvc ccn, P < ) of any cxccss over Sl.000.00. Any sue ccssful b'dder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or at tempts to tender such deed, and should such successful bidder fail to pay the full balance of the purchase price so bid at thai time, he shall remain liable on his bid as provided for Carolina General Statutes 45 21.30(d) and (e). this sale will be- held open ten (10) days lor upset bids as required by law. Date of Sslc: August 9, 1991 Time of Sale: 12:00 Noon Place of Sale: North Door of Courthouse Bolivia, YC Hiis 9th day of July, 1991. William O. j. Lynch. Trustee Aug. 8 KSTATK NOTICK ll>e undersigned, having qualified as Col lector of the Ustate of James William McMil* lion, Jr . deceased, laic of Bninswick County, this is to notify all persons having claims against the estate to present them to the un der signal on or before the 27th day of De cember, 1 ">4>1 . or this notice will be pleaded m bar of their recovery All persons indebted to said estate will please make immediate payment to the undersigned. 11ns the 20th day of June, 1991. Jacqueline McMillion, Collector of the I'state of Jarnes William McMillion, Jr. Route 5, Box 50 Southport, NC 2K4f> 1 July 18 pd KXKCLTOITS NOTICK lite undersigned, having qualified as Kxecutrix of the Instate of lidward S. Dennis Sr., deceased, late of Brunswick County, North Carolina, this is to notify all persons having claims against the estate to present them to the undersigned on or before the 2Kth day of December, 1991, or this noticc will be pleaded in bar of their recovery All persons indebted to said estate will please make immediate payment to the un dcrsigncd. "Hi is the 27th day of June, 1991. Margaret V. Dennis Route 5, Box 227 Shallotte, NC 28459 Prevatte, Prevattc, Peterson & Campbell 1 22 North I lowe Street Post Office Box 10969 Southport, NC 28461 July 18 mayors call for easing of policy Sea Wall Debate Back On CRC Agenda I?Y BUTTER A running debate on the state's ban iin sea walls and other erosion control devices resumes next week when ihc N.C. Coastal Resources Commission meets in Beaufort. Discussion of the prohibition on bulkheads is likely to dominate the meeting July 25 ami 26 at Duke Marine Lab Auditorium, said Jean cite Johnson, spokesperson with the N.C. Division of Coastal Manage ment. The CRC banned bulkheads and other structures that "harden" the beach in ll>85. In recent months, however, some of the panel's mem bers have said the rule is too strict anil there should be a procedure to Legal Notices Nin'iCK tir I RIS I KK S KORKCLOSt'RK SAI.K OK KKAI. PROPKRTY I nJcr and b> virtue of the power and au thorny contained in ihit certain Deed of TnKl executed and delivered by Wallace Hickman eiux Celestial I. Hickman and Oeorgc William Hickman dated January- 2*?, 1981, and recorded in the Office of the Reg ister of I\*eds for Brunswick County, North Carolina, in Hook 465, Page 833 and because of default havinit been made in ihc ravmcnt of the indebtedness secured by said Deed of Trust and failure to do and perform the stipu lating and agreements therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust, the undersigned Trustee will expose for sale at public auction to the high est bidder for cash, the property herein de scribcd, lo wit: BEGINNING at a point in the ccntcr line of State Road 1303. said beginning point being designated by a nail where the center line SR 1303 crosscs a box culvert in Shingle Tree Swamps; thence from said beginning N 82 degrees 14 minutes I: along the center line of SR 1303 a distance of 1044.6 feet to a nail; thencc S 7 degrees 46 minutes E, 390 feet to an iron pipe; thence N 82 degrees 14 minutes E, 494.19 feet to an iron pipe in a canal adjoining the J. M. Bennett Estate; thence S 55 degrees 52 minutes E. 124.68 feet to an iron pipe; thencc S 44 degrees 05 minutes E. 417.82 feet to an iron pipe; thence N 82 degrees 34 minutes E, 204.99 feet to an iron pipe; thencc S 69 degrees 41 min utes E, 412.72 feet to an iron pipe; thence S 67 degrees 07 minutes E, 144.75 feet to an iron pipe; thence S 68 degrees 19 minutes E, 599.3 feet lo a light* ood stake, said light wood stake being located 1 foot due south from a concrete monument; thence from said light wood stake S 1501.4 feet lo a con crete monument; thence N 85 degrees 00 minulcs W, 400 feet to an iron pipe; thence N 70 degrees 00 minutes W, 89 feet to the center of Old Shingle Tree Swamps; thencc along the Old Shingle Tree Swamp S 87 degrees 56 minutes W, 39.9 feet; thence S 79 degrees 40 minulcs W, 297.6 feet; ihcnce S 65 de grees 1 1 minulcs W, 223.9 feet; thence N 45 degrees 28 minulcs W, 138.17 feet; ihcncc N 70 degrees 06 minulcs W, 272.11 feel; ihcncc N 76 degrees 34 minulcs W, 190.63 feel; ihcncc N 2 de grees 0 minulcs E, 151 .28 feel, ihcncc N 34 degrees 20 minulcs W, 367.63 feci; thencc N 58 degrees 13 minutes E, 25 feel lo the ccntcr of the new canal of Shingle Tree Swamp; thencc with New Shingle Tree Swamp N 31 degrees 47 minulcs W, 394.4 feet; ihcncc N 36 de grees 50 minutes W, 453.3 feet; thencc N 49 degrees 31 minutes W, 1062.2 feci; ihcncc N 21 degrees 51 minulcs W, 508 feet to the point of beginning in ihc ccntcr line of State Road 1303, contain ing 99.7 acrcs more or less. This being the same property as being surveyed by Blackmon and Associates and recorded on April 4, 1968 in Map Book 9 Page 15 of the Brunswick Reg istry. This deed of trusl extends to all farm al lotments assigned to this described property as was ihis day conveyed by the grantors to ihc makers of this deed of trusl and upon foreclosure, should that occur, these allotments will revert and be covcrcd under any foreclosure proceeding. Address of Property: Shallollc Township. Brunswick County, North Carolina. Present Record Owncr(s): Wallace Hick man and wife, Cclcslia! L Hickman. *I"he icrms of Ihc sale are that the real prop erty hereinbefore dcscribcd will be sold for cash to the highest bidder and that ihc under signed may require the successful bidder at the sale lo immediately deposit cash or a cer tified check in ihc amount of ten percent (10%) of the high bid up lo and including SI, 000. 00 plus five pcrccnl (5%) of any cx ccss over 5 1 .IXJU.IX). The real property hereinabove described will be sold subjcct lo any superior liens, in cluding taxes and special assessments. The sale will be held open for len (10) days for upset bids as by law required. Dale and Hour for Sale: July 24, 1991, 12.00 noon. Place of Sale: Brunswick Counly Court house. Dale of ihis Notice: July 3, 1991. Mason II. Anderson, Trustee ANDERSON & MCLAMB Attorneys at I -aw P.O. Box 315, Shallollc, NC 28459 July 18 CAMA PERMIT NOTICE Pursuant to NCGS 113A- 119(b), the muni cipality of Occan Isle Beach, a locality aulh ori/ed to issue CAMA permits in the areas of environmental concern, hereby gives NO TICE that on July 16, 1991, applicants Don and Carol Kauffman applied for a CAMA mi nor development permit to construct a single family dwelling at 1x4 5, Block 11, Scction B. 118 East Iirsl Street. The application may be inspcclcd at the be low address Public comments rcccived by Ju ly 25, 1991, will be considered, l-atcr com ments will be acccptcd and considered up to the time of pennit decision. Project modifi cations may occur based on further review and comments. Notice of the permit decision in this matter will be pmvided upon written re quest. T. D. Robcrson 1 jocal CAMA Permit Officer 3 West 3rd Street Occan Isle Beach. NC 28459 (919)579 2166 July 18 "There's a middle of the road in this thing. I just don't think there's any law that fits every ease." ? Mayor John Tandy Holden Beach allow exceptions. In March, the commission ilis cusscd a proposal that would allow sea walls, jetties and groins on tlie beach if they would not "cause sig nificant adverse impact" or it' they would "provide overriding public benefit." 'ITial proposal, which was initial ed by several CRC members, is ex pected to he at the center of discus sion next Thursday when a panel of nationally-known experts speaks before the CRC. If it were left up to the mayors of the South Brunswick Islands beach towns, the six-year ban on bulk heads would be relaxed. Legal Notices STATE OF NORTH CAROI SN ? COUNTY OF BRUNSWICK * IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION Before The Clerk 91 S P 14* IN THE MATTER OF THE FORECLO SURE OF A DEED OF TRUST EXE CUTED BY LLOYD R. MILLIKEN DATED MARCH 50, 1990 AND RFCOR ?rur I^??OK ^ AT PARE OF I HE BRUNSWICK COUNTY REGIS TRY BY WILLIAM O. j. I YNCH TRUSTEE. 1 NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY Under and hy virtue of ihc power and au thority contained in that certain Deed of Inist executed and delivered by Uoyd R. Milliken and dated March 30. 1990 and recorded in the Officc of the Register of Deeds of Brunswick County. North Carolina in Book 800 at Page 673 and because of default having been made in the payment of the indebtedness secured by said Deed or I rust and fatlurc to do and perform the stipu lations and agreements therein contained and pursuant to demand of tbc Owner and Holder of the indebtedness secured by said Deed of Irust, the undersigned Trustee will expose for sale at public auction to the high est bidder for cash the property therein dc scribed together with any improvements thereon) to-wit: INTERNATIONAL PAPER COMPANY ROU'RK NO. 1 ? OUT NO. 3 Beginning at an iron pipe set in the southern RAV of NC Highway No. 130, said iron pipe being located S (X) de grees 29 minutes 10 scconds W 56.77' from a point in the centcrlinc of NC Highway No. 130. said ccnicrlinc point being located N 43 degrees 44 minutes 26 scconds W 7221.70' from NCOS monument "Masonic" NAD S3 having coordinates of y = 78861.1998 x = 2183329.832; thence leaving said begin ning point as the line with Sylvester Williams S 00 degrees 29 minutes 10 seconds W 1346.98' to an existing iron pipe, said existing iron pipe being in the line of N/F l.croy Mintz; thence S (X) degrees ^ 15 minutes 13 scconds W 1041.37' to an existing iron pipe, said existing iron pipe being a comer com mon with N/F Ixroy Mint/, and John Mintz; thence S 87 degrees 17 minutes 36 scconds W 2716.22' to an existing iron pipe, said existing iron pipe being a aimer common with John Mintz and N/F Grady Hardwick; thence N 00 de grees 59 minutes 03 seconds W 3943.36 to an existing iron pipe, said existing iron pipe being a comer com mon with N/F Rebel McNeil; thence N 73 degrees 58 minutes 42 scconds E 137.60' to an iron pipe set, said iron pipe being in the southern R/W of NC Highway No. 130; thencc S 61 degrees 12 minutes 43 scconds E 3040.49' to an iron pipe set, said iron pipe being the place and point of beginning and con taining 198.40 acres, more or less ac cording to a survey and plat by Rags dale Consultants, P. A., dated 11/3/89 entitled "Survey For International Paper Co. Rourk No. 1 - Out No. 3". " 1^,c cxacl same property convcycd to William O. J. Lynch. Trustee hy deed of trust recorded in Book 800 at Page 673 of the muliswick County Kcgisici of Deeds. Die sale will be made subject to all prior liens, unpaid taxes, restrictions and case ments of record and assess cnts, if any. The record owners of the abovc-dcscrihcd real property as reflected on the records of the Bmnswick County Register of Deeds' Office not more than ten (10) days prior to the posting ot this Notice are Lloyd R. Milliken, Jan K. Dale and wife, Emma Laye Dale and James J. Sloffcl. Pursuant to North Carolina General Stat utes 45-2 1.1 0(b), any successful bidder may be required to deposit with the Trustee im mediately upon conclusion of the sale a cash deposit of ten (10*) percent of the bid up to and including S1.000.1X) plus five percent ' r") of any excess over SI .000.00. Any suc cessful bidder shall be required to tender the lull balancc of the purchase price so bid in cash or certified check at the time the Trustee lenders to him a deed for the properly or ai tempts to tender such deed, and should such successful bidder fail to pay the full balancc of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes 45 21.30(d) and (c). Ihis sale will be held open ten (10) days for upset bids as required by law. Date of Sale: August 9, 1991 Time of Sale: 12:00 Noon I lace of Sale: North IXxtf of Courthouse Bolivia, N.C. Ibis 9th day of July, l<W|. William O. J. Lynch, Trustee Aug. 8 &Z THE NEWS. Recycle This Newspaper. They think the Coastal Resources Commission should loosen the ban on hard structures, and consider each bulkhead, sea wall and groin proposal on its own merits. "There's a middle of the road in this thing," Holdcn Beach Mayor John Tandy said Monday. "I just don't think there's any law that fits every case." Tandy said the CRC has been loo rigid in enforcing the beach harden ing poiicy. "it's got lo be a iiiiie more flexible than it has been." Ocean Isle Beach Mayor Betty Williamson agrees. She said she never likes to apply one rule to cv cry ease. "I ihink cach siluiilion is diflcr cnt. liach town or project is differ ent," she saitl. "I would ihink you would need 10 investigate and iry to determine if it would be got>d or if it would he bad from that." Tandy said the CRC should not allow sea walls or bulkheads that restrict public access to the beach. But he thinks the commission should consider cases in which a structure such as a rock jetty at the tip of an island would improve ac cess to the ocean for fishermen. Tandy bases his opinion in part on recent erosion at Holdcn Beach. "In the last six or seven years we've had an unbelievable infiltration by the ocean," he said. "Right now it's coming in at a healthy lick." At Sunset Beach, there hasn't been an erosion problem for years and there aren't any bulkucads, sea walls or groins on the strand. Mayor Mason Barber saiil he hasn't thought much about the Coastal Resources Commission de bate. "Since it's never been an issue with us. we've never had to explore it." he said. But Barber agrees with mayors at CX'ean Isle and llolden Beach. He said the C'RC should consider each case instead of holding to a "blanket policy." Tandy said coastal management experts don't have enough data to conclude that all sea walls and other hard structures harm die beach. "I really have some peculiar leel ings about it. ..being down here a long time and watching what has happened to us," he said. Thirty years ago. remains of the Civil War ship Ranger could be seen slicking out of die sand at low tide. Tandy remembers sitting on the shipwreck and fishing with his son. But the mayor hasn't seen the ship in many years bccausc of ero sion. Just last year, Tandy's son was fishing near the wreck in a boat. "It looked like they were halfway to France," he said. CRC Rules Could Affect Permits And Dredging The N.C. Coasial Resources Commission is considering a rule that would make coastal property owners promise to move or demol ish their homes if they become threatened by erosion. A public hearing will be held next week on a plan to make the agree ment to relocate or demolish a con dition of receiving a minor CAMA permit and building on the beach. The proposal is one of three that will go to public hearing at next week's CRC meeting at die Duke Marine Lab Auditorium in Beaufort. Hearings also will be held on proposals to loosen restrictions on maintenance dredging and to in crease the fee for a minor permit. All three hearings arc scheduled Thursday, July 25, suirting at 4 p.m. The CRC already encourages homeowners to relocate or destroy homes that arc in danger of falling into the ocean. In Brunswick County, most homes within 20 feet of the ocean arc considered "immi nently threatened." "it not a shift in policy, but it makes it stricter," said Jcanetlc John son, spokesperson with the N.C. Division of Coastal Management. A plan to allow maintenance dred ging in shellfish beds, coastal wet lands and submerged vegetation also goes to public hearing next week. Prior to any dredging, however, the applicant would have to demon strate and document that a water-de pendent need exists, and excavation ALL STAR FLAGS 1-800-868-FLAG ?Flags 'Banners ?Flagpoles 'Pennants A Variety Of Flags Desert Storm ? Yellow Ribbon POW-MIA Flags Mail Orders FREE Catalog & Delivery 101 Aviators Lane Burgaw, NC 28425 Catherine Moore, Owner material would have to placed in an approved disposal area. Maintenance dredging would on ly be allowed in a previously-per mitted channel constructed or man dated under state or federal permits or in a channel built before permits were required. There also must be clear evidence that the channel was continuously used for a specific purpose. The original width and depth of the channel could not lie increased to allow for a new or expanded use, said Ms. Johnson. Coastal Resources Commission members will conduct a third public hearing on a plan to increase the mi nor CAMA permit fee from S25 to S50. Local governments that adminis ter minor permits receive the fees. Minor permits arc needed Tor all de velopment in areas of environmental concern that is not considered major. Projects that arc larger than 20 acres or have a structure that covers more than 60,000 square feet or that require another state or federal per mit must receive a major permit from the Division of Coastal Man agement. $ J u To |jacc? Cut'?ni time cd M?,e ??"tantc /tillfl* The Tobacco Curing Generator or "Best Cure"0" can save you time and increase the market value of your tobacco. Try one for two weeks ? if you're not satisfied with the results, we'll refund your money. Check with your dealer for full details. Best Cure"? ? - ? y ( thy Genw Tobacco Curing Gener.itor On Display At: Brunswick Farm Supply Highway 130 (11 miles west of Shallotte) ASh, NC 28420 287-6343 or 287-6329 Authorized Dealer for Catalytic Generators. Inc. Development, Inc. 'Your Professional Full Service Construction Company' Sewage Disposal & Water ?Consulting/Permit Application* ?Designs/Plans/lnstallation* ?Conventional Septic Tanks/ LPP Systems* ?Drainage Plans/Fill Dirt Plans* ?Maintenance Agreements* ?Water Line Installations* Site Preparation & Paving ?Clearing* 'Chipping* ?Fill Dirt* 'Grading* ?Sock Tile Installation* ?Minor Paving* ?Home Driveways* ?Parking Lots* -NORTH CAROLINA Mtff Ricky Parker - Owner 842-4003 Monday-Friday 9-5, Saturday by appointment only Hwy. 130, Holden Beach Rd., 41A miles from Shallotte 'mem&r i _ ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?
The Brunswick Beacon (Shallotte, N.C.)
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July 18, 1991, edition 1
36
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