Notice of Appointment to be published by Administrator or Executor

IN THE MATTER OF THE ESTATE OF PATRICIA A. TYE, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Letters Testamentary of said deceased having been granted to the undersigned on the 13th day of August, 2013 by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.

James Keith Tye, Co-Executor

Kimberly Tye Sharpton, Co-Executor

Legal run on 8/23/13, 8/30/13 & 9/6/13

 

NOTICE OF COMPLAINT FOR WRONGFUL PAYMENT OF TAX SALE PROCEEDS

Virginia Hayley Runne, Global Claim Services, and Global Claims, LLC, whose whereabouts are unknown, must answer the Complaint  of Bobby L. Hayes, Gloria Hayes, and the Bobby L. Hayes Living Trust in Case No. CV-13-900061, currently pending in the Circuit Court of Lee County, Alabama, within 30 days from the date of publication.

Legal run on 8/16/13, 8/23/13, 8/30/13 & 9/6/13

 

NOTICE OF EXECUTION SALE

By virtue of a writ of execution dated the 16th day of July, 2013 directed and delivered to me as Sheriff of the County of Lee and issued out of the Circuit Court of Lee County, Alabama on a judgment rendered in such Court on Circuit Court Action Number  CV2009-900236, November 5th, 2009 in favor of SUPERIOR ROOFING against ROGER D. BELL for the sum of $39,509.00, I have heretofore on July 23, 2013, levied on all the right, title and interest of ROGER D. BELL only in and to the following described real property situated in Lee County, Alabama, to-wit:

LOT 1-A and 2-A, Block 91, Grant survey of Opelika, Alabama in Plat Book 2, Page 9 in the Lee County Probate Office.

This address is commonly known as 605 N. 8th Street, Opelika, Lee County, Alabama 36801.

Public notice is hereby given that I, the undersigned, as Sheriff of Lee County, Alabama, will on the 16th of September, 2013 at 12:00 noon sell at public auction to the highest bidder, for cash, in front of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama, all the right, title and interest of ROGER D. BELL in and to the above described real property, to satisfy such execution, together with interest and costs thereon.

Dated this, the 25th of July, 2013.

SHERIFF OF LEE COUNTY, ALABAMA

BY: /s/ Jay M. Jones

Sheriff

Legal run on 8/16/13, 8/23/13, 8/30/13 & 9/6/13

 

NOTICE OF APPOINTMENT

IN THE MATTER OF THE ESTATE OF MARY FRANCES DEAS, DECEASED

COURT OF PROBATE

Letters Testamentary of said deceased having been granted to the undersigned on the 15th day of August, 2013, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Witness our hands, and dated this the 15th day of August, 2013.

Clifford E. Deas

Judy Diane Tubbs

Legal run on 8/23/13, 8/30/13 & 9/6/13

 

IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

FAMILY COURT DIVISION: DOMESTIC RELATIONS

IN RE: THE MARRIAGE OF ILWOONG KIM, PLAINTIFF vs. FUMIKO ICHIKAWA, DEFENDANT

NOTICE OF DIVORCE ACTION

Fumiko Ichikawa, whose whereabouts are unknown, must answer Ilwoong Kim’s petition for divorce and other relief by October 18, 2013, or, thereafter, a judgement by default may be rendered against her in Case No. DR-2013-900199, Circuit Court of Lee County, Alabama.

DONE the 8th day of August, 2013

Mary B. Roberson, Clerk of the Circuit Court of Lee County, Alabama.

Legal run on 8/16/13, 8/23/13, 8/30/13 & 9/6/13

 

NOTICE OF EXECUTION SALE

By virtue of a writ of execution dated the 12th day of July, 2013 directed and delivered to me as Sheriff of the County of Lee and issued out of the District Court of Russell County, Alabama on a judgment rendered in such Court on District Court Action Number  DV04-103 on March 9th, 2004 in favor of FIRST AMERICAN BANK, SUCCESSOR against RONALD A. JOHNSTON, III for the sum of $11,276.66, I have heretofore on July 23, 2013, levied on all the right, title and interest of RONALD A. JOHNSTON, III only in and to the following described real property situated in Lee County, Alabama, to-wit:

LOT 13 DEERFIELD PLANTATION PHASE II.

PARCEL#: 43.24.03.08.0.000.067.000 PIN: 3766

This property is commonly known as 704 LEE ROAD 437, Phenix City, Lee County, Alabama 36870.

Public notice is hereby given that I, the undersigned, as Sheriff of Lee County, Alabama, will on the 16th of September, 2013 at 12:00 noon sell at public auction to the highest bidder, for cash, in front of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama, all the right, title and interest of RONALD A. JOHNSTON, III in and to the above described real property, to satisfy such execution, together with interest and costs thereon.

Dated this, the 25th of July, 2013.

SHERIFF OF LEE COUNTY, ALABAMA

BY: /s/ Jay M. Jones

Sheriff

Legal run on 8/23/13, 8/30/13, 9/6/13

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE ESTATE OF: LARUTH ALMOND, deceased

Letters Testamentary of LARUTH ALMOND, Deceased was granted to AARON ALMOND on the 16 day of August, 2013, by the Hon. Bill English, Probate Judge of Lee County. Notice is herby given that all persons having claims against said estate that they are hereby required to present the same within time allowed by law or the same will be barred.

AARON ALMOND, EXECUTOR

Legal run on 8/23/13, 8/30/13 & 9/6/13

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE MATTER OF ADOPTION:

C.A.A. (DOB 4-13-2009)

NOTICE OF PETITION FILED AND SERVICE BY PUBLICATION

NOTICE TO: MARK MICHAEL ALLEN, alleged father of the minor child and any other UNKNOWN FATHER of C.A.A. born on the 13th day of April, 2009 in Valley, Chambers County, Alabama: Whose whereabouts are unknown; Must answer the petition for Adoption filed in the Probate Court of Lee County, Alabama within thirty (30) days from the last date of Publication of this Notice, or appear at the full hearing in this cause scheduled for Wednesday, the 23rd day of October, 2013 at 10:00 a.m., in the Probate Court of Lee County, Alabama, located at the Lee County Court House, South 9th Street, Opelika, Alabama or thereafter a final judgement may be rendered in the Adoption Petition Of Phillip J. Sands and Nellie J. Sands granting said Adoption.

Rebecca S. Frayer

Clerk of Court

Legal run on 8/23/13, 8/30/13, 9/6/13 & 9/13/13

 

STATE OF ALABAMA

CASE NO. 2013-B-83

LEE COUNTY PROBATE COURT

ESTATE OF JAMES JUNIOR JARRELL, DECEASED

NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE

Letters Testamentary of said James Junior Jarrell, deceased having been granted to Mary Patricia Williams Jarrell this 21st day of August, 2013, by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by the law or the same will be barred.

Mary Patricia Williams Jarrell, Personal Representative

Legal run on 8/30/13, 9/6/13 &  9/13/13

 

NOTICE OF PUBLIC SALE OF PERSONAL PROPERTY

Notice is hereby given that the undersigned will sell, to satisfy lien of the owner, at public sale by competitive bidding on September 19th, 2013 at 1:30PM at the Extra Space Storage facility located at:

1412 Opelika Rd

Auburn, AL 36830

334-821-0445

The personal goods stored therein by the following may include, but are not limited to general household, furniture, boxes, clothes, and appliances.

Unit F85 – April Blackburn – 525 South Pine St. Stillwater, OK 74074 ~ 1617 Lee Rd. 12 Lot 12 Auburn, AL 36832 ~ bikes, bed, shelves, bins, grill, washer, dryer, misc.

Unit R312 – Jose Sanchez-Cazares – 420 N Dean Rd Apt 3G Auburn, AL 36830 – speakers, generator, misc.

Unit I111 – Chris Fowler – 501 Webster Rd Lot 122 Auburn, AL 36832 ~ couch, love seat, dining table, chairs,  lamps, blender, shelves, luggage, misc.

Unit C50 – Wilmar Edwards – 923 Gentry Dr. Auburn, AL 36830 ~ mattress, box, cloths, misc.

N164 – Morgan Cash – 504 Hardwood Ln Birmingham, AL 35215 – couch, boxes, totes, cloths, sewing machine, misc.

Purchases must be made with cash only and paid at the time of sale. All goods are sold as is and must be removed at the time of purchase. Extra Space Storage reserves the right to refuse any bid. Sale is subject to adjournment.

Legal run on 8/30/13

& 9/6/13

 

 

NOTICE OF PUBLIC SALE OF PERSONAL PROPERTY

Notice is hereby given that the undersigned will sell, to satisfy lien of the owner, at public sale by competitive bidding on September 19th, 2013 at 12:30PM at the Extra Space Storage facility located at:

1242 N Dean Rd

Auburn, AL 36830

334-501-6046

The personal goods stored therein by the following may include, but are not limited to general household, furniture, boxes, clothes, and appliances.

Unit 507 – Nikesha Moss – 1913 1st Ave Opelika, AL 36801 – Pool Table, Toys, T.V, Table, Misc.

Unit 614 – Donnie Canaan – P.O. Box 7191 Gulf Shores, AL 36547 ~ 1117 District Court Auburn, AL 36830 ~ chair, couch, shelf, books, boxes, misc.

Purchases must be made with cash only and paid at the time of sale. All goods are sold as is and must be removed at the time of purchase. Extra Space Storage reserves the right to refuse any bid. Sale is subject to adjournment.

Legal run on 8/30/13

& 9/6/13

 

IN THE PROBATE COURT FOR LEE COUNTY, ALABMA

IN RE: The Estate of Fred Eugene Bass, Deceased

ORDER SETTING HEARING ON PETITION FOR PROBATE OF WILL

Susan Bass Simons has filed a Petition to have a document purporting to be the Last Will and Testament of Fred Eugene Bass, deceased, admitted to probate. Upon consideration thereof it is ORDERED AND ADJUDGED by the Court as follows:

That the 9th day of October, 2013 at 10 o’clock a.m. be and is hereby set and fixed by the Court as the day and time for hearing said Petition.

That the Notice of the filing of said petition be issued and served on the following parties:

1. Susan Bass Matthews Simons

15477 US Highway 280 E

Smiths, AL 36877

2. Randy Lee Bass

844 Lee Road 303

Smiths, AL 36877

3. Gregory Eugene Bass

576 Lee Road 960

Smiths, AL 36877

4. Fred Eugene Bass, Jr.

4820 Coventry Drive

Gautier, MS 39533

That Notice be given by publication to the 3 children of Jerry Bass, deceased (son of Fred Eugene Bass) whose names and whereabouts are unknown, by publication once a week for three consecutive weeks in the Opelika Observer, a newspaper of general circulation.

DONE this the 22nd day of August, 2013.

BILL ENGLISH, PROBATE JUDGE

Legal run on 8/30/13, 9/6/13 &  9/13/13

 

NOTICE OF APPOINTMENT TO BE PUBLISHED BY ADMINISTRATOR OR EXECUTOR

PROBATE COURT

Estate of Audrey Mae Buchanon, Deceased

Letters Testamentary of said deceased having been granted to the undersigned on the 22nd day of August, 2013, by the Hon. Bill English Judge of Probate of LEE County, notice is hereby given that all person having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Gwendolyn L. Sistrunk

Executrix for the Estate of AUDREY MAE BUCHANON

Legal run on 9/6/13,   9/13/13 & 9/20/13

 

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, October 1, 2013, at 7:00 p.m. in the City Council Chambers of the Municipal Building, 204 S. 7th Street, Opelika, Lee County, Alabama.

PURPOSE

The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance of the City of Opelika”) adopted on September 17, 1991.  At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE TEXT OF THE ZONING ORDINANCE OF THE CITY OF OPELIKA

BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”)  as follows:

Section 1.  Amendment.  That Ordinance 124-91 entitled “Zoning Ordinance of the City of Opelika, Alabama”, adopted on September 17, 1991, as amended, is further amended in the following respect:

(a)  That Section 2.2 DEFINITIONS is further amended to add the following definitions of “brewpub” and “micro-distillery”

BREWPUB–A brewpub is any premises upon which beer is actively or continuously brewed for consumption on the premises where manufactured.  A brewpub must be located in a building designated as a historic building, located in a historic district, or located in any economically distressed area designated as suitable by the municipal governing body.  The beer brewed by a brewpub cannot be possessed, sold or dispensed except on the premises where it is brewed.  A brewpub cannot produce more than 10,000 barrels of beer in one year.  The brewpub must contain and operate a restaurant or otherwise provide food for consumption on the premises.

MICRO-DISTILLERY– An establishment for the manufacture,  blending, fermentation, processing and packaging of alcoholic beverages, except beer and wine, with a floor area of 10,000 square feet or less which takes place wholly inside a building and produces no more than 75,000 proof gallons of alcoholic beverages annually.  The Planning Commission may consider a conditional use permit via a separate application to increase by no more than 20{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} for a maximum of 90,000 proof gallons.  A tasting room is permitted within the micro-distillery.  The micro-distillery must be properly licensed by any state or federal regulatory agency with jurisdiction over the facility, including The Alabama Beverage Control Board.  All activities must occur within the building and outdoor storage is prohibited.  The manufacture, processing and packing of beer and wine by the micro-distillery is prohibited.

(b)  That the use categories in the matrix table in Section 7.3, as amended, are further amended to provide for the use categories of “Brewpub” and “Micro-Distillery” as follows:

(a) Brewpubs shall be allowed in the C-1, C-2, C-3 and M-1 districts provided the conditions set forth in Section 2.2 are met.  Brewpubs are not allowed in theR-1A, R-1, R-2, R-3, R-4, R-4M, R-5, R-5M, M-2, I-1, GC-1 and GC-2 districts.

(b)  Micro-distilleries shall be allowed in the M-1 district and conditional use in the C-1 and C-3 districts provided the conditions set forth in Section 2.2 are met.  Micro-distilleries are not allowed in the R-1A, R-1, R-2, R-3, R-4, R-5, R-5M, C-2, M-2, I-1, GC1 and GC-2 districts.

Except as specifically amended or changed herein, all other use categories as shown in the matrix table shall remain in full force and effect.

Section 2.  Repeal of Conflicting Ordinances.   Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.

Section 3.  Effective Date.  This Ordinance shall become effective upon its adoption, approval and publication as required by law.

Section 4.  Publication.  This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

WITNESS my hand this the 6th day of September, 2013.

/s/ R. G. Shuman

CITY CLERK OF THE CITY OF OPELIKA, ALABAMA

Legal run on 9/6/13

 

 

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, October 1, 2013, at 7:00 p.m. in the City Council Chambers of the Municipal Building, 204 S. 7th Street, Opelika, Lee County, Alabama.

PURPOSE

The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance” of the City of Opelika) adopted on September 17, 1991.  At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA

BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”)  as follows:

Section 1.  That Ordinance 124-91 entitled “Zoning Ordinance City of Opelika, Alabama”, adopted on September 17, 1991, and the Zoning Map of the City of Opelika provided for and referred to therein, as previously amended and/or modified, be and the same is hereby amended by rezoning or redistricting the parcel of land hereinafter in this section described, so as to change such parcel from one class of district to another class of district as follows, to-wit:

From a R-4, GC-2 District (Medium Density Residential, Gateway Corridor Overlay District) to a I-1, GC-2 District (Institutional, Gateway Corridor Overlay District) the parcel of land hereinafter described:

From Southwest corner of Section 5, Township 19, Range 27 run West along Section line 348 feet to West edge of right-of-way of Opelika-Lafayette Highway, thence in a Northeasterly direction along the West edge of Right-of-Way of said Highway for 2894 feet to an iron stake on West edge of Right-of-Way, which is point of beginning of lot of land described herein; From point of beginning run North 84 degrees West for 198 feet, thence South 36 degrees West 210 feet, thence East 200 feet to West edge of Right-of-Way of said Opelika-Lafayette Highway as of 1941, thence North 33 ½ degrees East, along West edge of Right-of-Way for 180 feet to point of beginning; containing .8 acres, more or less, located in West ½ of Section 5, Township 19, Range 27, Lee County, Alabama.

Commence at the Southeast corner of Section 5, Township 19 North, Range 27 East in Lee County, Alabama, thence run North 00° 32’ West for 1,251.1 feet; thence run South 34° 44’ West for 3,645.6 feet; thence run North 00° 58’ East for 106.6 feet; thence run North 51° 40’ West for 1,437.5 feet; thence run North 47° 94’ West for 203.9 feet to a point on the Southeasterly margin of Samford Avenue; thence run North 52° 35’ West for 102.2 feet to a point on the Northwesterly margin of Samford Avenue; thence along said margin of said avenue South 24° 56’ West for 35.7 feet to said point of beginning; thence run along said Avenue South 24° 54’ West for 173.6 feet; thence run North 85° 58’ West for 166.2 feet; thence run North 32° 44’ East for 430 feet; thence run South 78° 31’ East for 163.4 feet to said point of beginning; containing .730 acres, more or less.

The addresses of the above parcels are 312 and 314 Samford Avenue, Opelika, Alabama 36801.

Section 2.  Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.

Section 3.  This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

WITNESS my hand this the 6th day of September, 2013.

/s/ R. G. Shuman

CITY CLERK OF THE CITY OF OPELIKA, ALABAMA

Legal run on 9/6/13