Legals 11-27-19
Published 3:01 pm Tuesday, November 26, 2019
Order Of Publication
Commonwealth Of Virginia VA. Code 1-211.1; 8.01-316, -317, 20-104 Case No. CA19-15 Isle Of Wight County Circuit Court 17000 Josiah Parker Circle, Isle of Wight, VA 23397 Commonwealth of Virginia, in re Gilbert Joh Digby Jr. and Linda J. Digby. The object of this suit is to: Adoption of Brianna Lynn Digby It is ORDERED that Jessica Amber Kidd appear at the above-named court and protect his/her interests on or before December 27, 2019. October 31, 2019 Laura E. Smith, DC Clerk Deputy L19-183
Nov6/4tc/159
TRUSTEE’S SALE
47 East Windsor Boulevard Windsor, VA 23487
In execution of the Deed of Trust dated June 8, 2018 and recorded on June 12, 2018 in Instrument # 180002217 of Isle Of Wight County land records, Trustee Services of Virginia, LLC, the appointed Substitute Trustee, will offer for sale at public auction at the front steps of the Circuit Courthouse, Courts Building 17000 Josiah Parker Circle, Isle of Wight County, Virginia on December 23, 2019 at 3:00 PM the property more particularly described in the aforementioned Deed of Trust, located at the property address listed below and briefly identified as follows:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being on the South side of State Highway No. 460 leading from Windsor to Suffolk, Virginia and bounded and described as follows, to-wit:
Commencing on the South right of way line of the Highway aforesaid at an iron stake located three hundred sixty (360) feet distant from and West of the lands of A. Shadie Roberts at a certain culvert under the aforesaid Highway and running thence at a right angle with said Highway in a general Southerly direction across the land of the grantors herein a distance of two hundred ten (210) feet to an iron stake; thence running in a general westerly direction and in a line parallel with said Highway and two hundred Ten (210) feet from the South right of way line thereof at all points, ninety (90) feet to an iron stake: thence in a general Northerly direction across the land of the grantors herein for a distance of two hundred ten (21O) feet to an iron stake on the south right of way line of said Highway: and thence running in a general Easterly direction along the South right of way line of said Highway for a distance of ninety (90) feet to the point of beginning, which said lot of land fronts ninety (90) feet on the Highway aforesaid and runs back therefrom in a southerly direction between parallel lines a distance of two hundred ten (210) feet.
PROPERTY KNOWN AS: 47 East Windsor Blvd., Isle of Wight. VA 23487 (FOR IDENTIFICATION, BUT NOT INSURANCE PURPOSES)1
Tax No.: 54B-01-190
Property address: 47 East Windsor Boulevard, Windsor, VA 23487
The property will be sold “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND SUBJECT TO conditions, covenants, restrictions, reservations, easements, rights of way, and all other matters of record taking priority over the Deed of Trust, if any, as might be listed in this notice or may be announced at the sale.
TERMS OF SALE: A non-refundable bidder’s deposit of $19,500.00 or 10% of the sale price, whichever is less, by cashier’s or certified check required at time of sale, except for the party secured by the Deed of Trust. Risk of loss is on the purchaser from date and time of auction. Balance of the purchase price must be paid by cashier’s check within 14 days from sale date. Except for Virginia Grantor tax, all settlement costs and expenses are purchaser’s responsibility. Taxes are pro-rated to the date of sale. Purchaser is responsible for obtaining possession of the property. If purchaser defaults, deposit may be forfeited and property resold at the risk and cost of the defaulting purchaser who shall be liable for any deficiency in the purchase price and all costs, expenses, and attorney’s fees of both sales. If Trustee does not convey title for any reason, purchaser’s sole remedy is return of deposit without interest. This sale is subject to post-sale audit of the status of the loan secured by the Deed of Trust including but not limited to determining whether prior to sale a forbearance, repayment, or other agreement was entered into, the loan was reinstated or paid off, or whether the property became subject to an automatic stay under the U.S. Bankruptcy Code prior to the sale; in any such event this sale shall be null and void and purchaser’s sole remedy shall be return of deposit without interest. Pursuant to the Federal Fair Debt Collections Practices Act, this law firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.
(19-07540)
FOR INFORMATION CONTACT: BROCK & SCOTT, PLLC (Attorney for TRUSTEE SERVICES OF VIRGINIA, LLC) 484 Viking Drive, Suite 203
Virginia Beach, VA 23452 (757)213-2959
L19-192
Nov20/2tp/40299
County of Surry, Virginia
Proposed Sale of County Property – Public Notice
Pursuant to the requirements of Va. Code §§15.2-1800 and 15.2-1813, notice is hereby given that the Board of Supervisors of the County of Surry, Virginia will hold a public hearing at its regularly scheduled meeting on Thursday, December 5, 2019 at 7:00 p.m. in the General District Courtroom of the Surry County Government Center, 45 School Street, Surry, Virginia 23883, to receive citizen comments on the sale of a portion of County-owned property, consisting of four acres of unimproved land, located in the Surry County Industrial Park, as part of Lot 40-1 with eastern portion located along Commerce Drive.
A copy of the ordinance may be reviewed in the Office of the County Administrator, Surry County Government Center, 45 School Street, Surry, Virginia. Office hours are Monday through Friday from 9:00 am to 5:00 pm.
If you are disabled and require assistance or special accommodations in order to participate in the hearing, please contact the Virginia Department of Transportation at (804) 253-5144, or call the Surry County Administrator’s Office at (757) 294-5271, at least seven days before the hearing.
By order of: Jonathan Lynn Surry County Administrator
L19-193
Nov20/2tc
NOTICE OF PUBLIC HEARING – Surry County Chief Elected Officials Consortium Agreement
NOTICE is hereby given that the Surry County Board of Supervisors has scheduled a public hearing for Thursday, December 5, 2019 at 7:00 p.m. in the General District Courtroom of the Surry County Courthouse Building, Government Center, 45 School Street, Surry, Virginia, 23883, on a proposed ordinance to enter into the Chief Elected Officials Consortium Agreement. If adopted, the County would be a member of an association known as the Chief Elected Officials Consortium. The purpose of the Consortium is to plan, establish, and operate a local workforce development area and Workforce Development Services Delivery System through the Crater Regional Workforce Development Board.
A draft copy of the ordinance is available for review and inspection by the public in the Office of the County Administrator, Surry County Government Center, 45 School Street, Surry, Virginia. Office hours are Monday through Friday from 9:00 a.m. to 5:00 p.m.
If you are disabled and will need assistance or accommodations in order to participate in the hearing, please call the Surry County Administrator’s Office at least seven days before the hearing at (757) 294-5271.
L19-194
Nov20/2tc
NOTICE OF PUBLIC HEARING
TOWN COUNCIL OF THE TOWN OF SMITHFIELD SPECIAL USE PERMIT
Notice is hereby given that the Town Council of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Town Council in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, December 3, 2019 at 6:30 p.m. to consider the application of the Trustees of Brown’s African Methodist Episcopal Church, owners, for a special use permit under the provisions of Article 3.I, Section C of the Zoning Ordinance of the Town of Smithfield, Virginia, adopted September 1, 1998, and as amended thereafter, in order to approve a waiver from the requirement of Section 8.B.6. which provides that:
For all . . . institutional . . . uses . . . all required off street parking spaces and drives shall be constructed of an all-weather, stabilized, dust-free surface (concrete, bituminous concrete, paving blocks, or other similar material) . . .
The property which is the subject of this special use permit application is located at 655 W. Main Street. (Tax Map #21A-01-217). The parcel’s current zoning designation is Entrance Corridor Overlay (ECO) & Highway Retail Commercial (HRC). Any person affected by or interested in the aforesaid application may appear at the hearing and be heard. Copies of the Zoning Ordinance of the Town of Smithfield and application for this special use permit are available for inspection in the town offices, 310 Institute Street, Smithfield, Virginia 23430.
TOWN OF SMITHFIELD, VIRGINIA
BY: Lesley G. King, Clerk
L19-195
Nov20/2tc
NOTICE OF PUBLIC HEARING
TOWN COUNCIL OF THE TOWN OF SMITHFIELD SPECIAL USE PERMIT
Notice is hereby given that the Town Council of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Town Council in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, December 3, 2019 at 6:30 p.m. to consider the application of the Trustees of Harvest Fellowship Baptist Mission, owners, for a special use permit under the provisions of Article 3.I, Section C of the Zoning Ordinance of the Town of Smithfield, Virginia, adopted September 1, 1998, and as amended thereafter, in order to approve a waiver from the requirement of Section 8.B.6. which provides that:
For all . . . institutional . . . uses . . . all required off street parking spaces and drives shall be constructed of an all-weather, stabilized, dust-free surface (concrete, bituminous concrete, paving blocks, or other similar material) . . .
The property which is the subject of this special use permit application is located at 19290 Battery Park Road. (Tax Map #22-01-022). The parcel’s current zoning designation is Entrance Corridor Overlay (ECO) & Community Conservation (CC).
Any person affected by or interested in the aforesaid application may appear at the hearing and be heard. Copies of the Zoning Ordinance of the Town of Smithfield and application for this special use permit are available for inspection in the town offices, 310 Institute Street, Smithfield, Virginia 23430.
TOWN OF SMITHFIELD, VIRGINIA
BY: Lesley G. King, Clerk
L19-196
Nov20/2tc
VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ISLE OF WIGHT
COUNTY OF ISLE OF WIGHT, VIRGINIA,
Plaintiff, v. Case No. CL19-925 GEORGE W. ROBINSON, JR., if living, and if not, then the unknown heirs, devisees and successors in interest of GEORGE W. ROBINSON, JR., et al.,
Defendants.
ORDER OF PUBLICATION
The Plaintiff filed this suit pursuant to Va. Code § 58.1-3965, et seq., to enforce its delinquent tax liens against the following real estate standing in the name of George W. Robinson, Jr.: Tax Map No.: 31A-01-030 Brief Description: 114 Meadowbrook Lane
An affidavit having been filed that the Plaintiff served Defendant George W. Robinson, Jr., if living, by posted service at his last known address of 114 Meadowbrook Lane, Smithfield, VA and has used due diligence to ascertain any other location for him, but without effect; that the Plaintiff served Defendant Joaquin M. Liborio, if living, by substitute service upon the Secretary of the Commonwealth at his last known address of 9646 Osprey Isle Blvd, Palm Beach Gardens, FL 33412 and has used due diligence to ascertain any other location for him, but without effect; that if George W. Robinson, Jr. and Joaquin M. Liborio are not living, that the Plaintiff used due diligence to locate their unknown heirs, devisees and successors in interest, but without effect; that the post office addresses of the unknown heirs, devisees and successors in interest of George W. Robinson, Jr. Joaquin M. Liborio are unknown; and that there may be other persons having an interest in the property whose names and addresses are unknown, and those claiming through the aforementioned parties, all such persons made defendants as “Parties Unknown.”
It is ORDERED that this Order be published at least once a week for two successive weeks in the Smithfield Times, a newspaper of general circulation in Isle of Wight, Virginia, and that the parties named herein appear at 9 a.m. December 18 , 2019, in the Isle of Wight Circuit Court Clerk’s Office and do what may be necessary to protect their respective interests. Entered this 14th day of November 14, 2019.
TESTE: Sharon N. Jones, Clerk
By Laura E Smith DC
James J. Reid, Esq., VSB No. 45796 DAVID, KAMP & FRANK, L.L.C. 739 Thimble Shoals Blvd., Suite 105 Newport News, VA 23606 Phone: (757) 595-4500/ Fax: (757) 595-6723 Counsel for the Plaintiff L19-198
Nov20/2tc
VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ISLE OF WIGHT
COUNTY OF ISLE OF WIGHT, VIRGINIA,
Plaintiff, v. Case No. CL19-922 the unknown heirs, devisees and successors in interest of COLLIE R. ELEY, et al.,
Defendants.
ORDER OF PUBLICATION
The Plaintiff filed this suit pursuant to Va. Code § 58.1-3965, et seq., to enforce its delinquent tax liens against the following real estate standing in the name of Collie R. Eley: Tax Map No.: 58-01-131A Brief Description: River Run Trail
An affidavit having been filed that the Plaintiff served Defendant Lue Emma Eley Claude, if living, by posted service at her last known address of 703 Bullock Street, Suffolk, VA and has used due diligence to ascertain any other location for her, but without effect; that the Plaintiff used due diligence to locate the unknown heirs, devisees and successors in interest of Collie R. Eley and Alexander Eley, but without effect; that the post office addresses of the unknown heirs, devisees and successors in interest of Collie R. Eley and Alexander Eley are unknown; that if Lue Emma Eley Claude is not living, that the Plaintiff used due diligence to locate her unknown heirs, devisees and successors in interest, but without effect; that the post office addresses of the unknown heirs, devisees and successors in interest of Lue Emma Eley Claude are unknown; and that there may be other persons having an interest in the property whose names and addresses are unknown, and those claiming through the aforementioned parties, all such persons made defendants as “Parties Unknown.” It is ORDERED that this Order be published at least once a week for two successive weeks in the Smithfield Times, a newspaper of general circulation in Isle of Wight, Virginia, and that the parties named herein appear at 9 a.m. December 27, 2019, in the Isle of Wight Circuit Court Clerk’s Office and do what may be necessary to protect their respective interests. Entered this 21st day of November 2019.
TESTE: Sharon N. Jones, Clerk
By Laura E Smith DC
James J. Reid, Esq., VSB No. 45796 DAVID, KAMP & FRANK, L.L.C. 739 Thimble Shoals Blvd., Suite 105 Newport News, VA 23606 Phone: (757) 595-4500/ Fax: (757) 595-6723 Counsel for the Plaintiff L19-199
Nov27/2tc
EXPANSION OF VIRGINIA’S IMPORTED FIRE ANT QUARANTINE
By authority granted under Section 3.2-703 of the Code of Virginia, the Virginia Department of Agriculture and Consumer Services (VDACS) will expand the Virginia Imported Fire Ant Quarantine (2VAC5-315) on December 5, 2019 to include the counties of Mecklenburg, Brunswick, Greensville, Southampton, and Isle of Wight and the independent cities of Emporia and Franklin. Expansion of the quarantine became necessary after surveys indicated that imported fire ant populations had become established in these localities and eradication was no longer feasible.
Once established, the imported fire ant has the potential to spread to uninfested areas, either through natural means or through the artificial movement of infested articles. The quarantine is intended to prevent the artificial spread of this pest. Under the terms of the quarantine, regulated articles are prohibited from moving out of the quarantined area unless certified as free of imported fire ant. Regulated articles include, but are not limited to: any life stage of imported fire ant; soil (except soil shipped in original containers after commercial preparation); plants with roots with soil attached and rhizomes with soil attached; grass sod; used soil-moving equipment (unless free of all non-compacted soil); used farm equipment (unless free of all non-compacted soil); hay and straw stored in direct contact with the ground; honey bee hives stored in direct contact with the ground; and logs and pulpwood with soil attached.
For additional information regarding the Virginia Imported Fire Ant Quarantine, visit the VDACS website at https://www.vdacs.virginia.gov/plant-industry-services-fire-ant-suppressioneand-eradication.shtml or contact VDACS at:
Virginia Department of Agriculture and Consumer Services Office of Plant Industry Services P. O. Box 1163 Richmond, VA 23218 Phone: (804) 786-3515 Hearing Impaired: (800) 828-1120 L19-200
Nov27/1tp/40380
PUBLIC NOTICE
Notice is hereby given that the Board of Supervisors, at its meeting on Thursday, December 12, 2019, will hold a public hearing to consider the divestment and transfer of public property located in the Newport Magisterial District, Isle of Wight County, Virginia and designated as “PARCEL D” on that certain plat entitled “PLAT SHOWING SUBDIVISION PROPERTY OF ISLE OF WIGHT COUNTY LOCATED ON GREAT SPRINGS ROAD NEWPORT MAGISTERIAL DISTRICT ISLE OF WIGHT COUNTY, VIRGINIA” dated June 6, 2013 and of record in the Clerk’s Office of the Circuit Court for Isle of Wight County, Virginia in Plat Cabinet 2013-52-1&2, Tax Map Parcel 21-01-083D.
A copy of the proposed deed is on file in the Office of the County Attorney and the Office of the County Administrator, Isle of Wight Courthouse, Isle of Wight County, Virginia, and is available for public inspection. Any person desiring to be heard in favor of, in opposition to, or to express his views with respect to, the proposed transfer may appear before, and be heard by, the Board during the Public Hearing section of the meeting in the Robert C. Claud, Sr. Board Room, Isle of Wight County Courthouse, Isle of Wight, Virginia. The public meeting shall begin at 6:00 p.m.
The County of Isle of Wight is in compliance with the Americans with Disabilities Act of 1990. If you will require a reasonable accommodation, please make requests to the Clerk of the Board of Supervisors at least five (5) days in advance of the meeting at (757) 365-6204.
ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
L19-201
Nov27/2tc
VIRGINIA: IN THE CIRCUIT COURT FOR ISLE OF WIGHT COUNTY
IN RE: ADOPTION OF ZAYDE ANELISE NIEVES CASE NO.: CA19-16
ORDER OF PUBLICATION The object of the above-styled suit is to process the adoption of the child to be known as Zayde Anelise Cutchin, by Chad Anthony Cutchin, the child’s stepfather. And, it appearing by affidavit filed according to law that Nikko Brewster, the child’s natural father, is not a resident of the State of Virginia, it is therefore ORDERED that the said Nikko Brewster appear on or before the 22nd day of January, 2020, in the Clerk’s Office of this Court and do what is necessary to protect his interests. And, it is further ORDERED that this order be published once a week for four (4) successive weeks in the Smithfield Times, a newspaper of general circulation in Isle of Wight, Virginia; that a copy of this order be posted at the front door of the courthouse wherein this court is held; and that a copy of this order be mailed to the defendant at the address shown by the aforesaid affidavit.
Laura E Smith DC
Deputy Clerk of the Circuit Court
I ask for this:
Ashby Leigh Pope, p.q.
Ashby Leigh Pope, Esquire
THOMPSON & POPE 601 High Street Portsmouth, Virginia 23704 (757) 399-6868 (Telephone) (757) 399-2668 (Facsimile) Virginia State Bar # 80815
L19-202
Nov27/4tp/40409
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION OF THE TOWN OF SMITHFIELD AMENDMENT AND REVISION OF ZONING ORDINANCE Notice is hereby given pursuant to Sections 15.2-2204 and 15.2-2285 of the Code of Virginia, (1950), as amended, that the Planning Commission of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Planning Commission on Tuesday, December 10, 2019 at 6:30 P.M., in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, to consider the amendment and revision of Article 3.L of the Town’s Zoning Ordinance to allow for the addition of Section C.34, which will read: Private wells for the purpose of batching and mixing concrete. This will allow for the permissibility of private wells used for batching and mixing concrete within the Heavy Industrial (I2) zoning district by (Special Use Permit)- this use is currently not permitted in any zoning district. This public hearing has been held to consider the application of SB Cox Ready Mix, Inc., owner of the property which is the subject of this text amendment application and located at 865 W Main St (Tax Map #21-01-071). The parcel’s current zoning designation is Entrance Corridor Overlay (ECO) & Heavy Industrial (I2). Copies of the current Zoning Ordinance for Smithfield, Virginia, adopted September 1, 1998, and all amendments thereto, along with copies of the proposed revisions and amendments of the Zoning Ordinance for Smithfield, Virginia are on file and may be examined in the office of the Department of Community Development & Planning, 310 Institute St, Smithfield, Virginia 23430. Any person desiring to be heard in favor of, in opposition to, or to express his or her views with respect to the aforesaid revisions and amendments may appear and be heard.
TOWN OF SMITHFIELD
By: Lesley G. King, Clerk
L19-203
Nov27/2tc
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION OF THE TOWN OF SMITHFIELD SPECIAL USE PERMIT
Notice is hereby given that the Planning Commission of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Planning Commission in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, December 10, 2019 at 6:30 p.m. to consider the application of Miller Oil Company, Inc. & CIG Cypress Run Plaza, LLC, owners, for a special use permit under the provisions of Article 3.I, Section C of the Zoning Ordinance of the Town of Smithfield, Virginia, adopted September 1, 1998, and as amended thereafter, in order to approve a waiver from the following requirements of Article 8:
8.B.4.a: An alternative [parking] location shall be in the same ownership (fee simple or common) . . . of the land on which the use is located. *8.B.4.b: A common or cooperative [parking] location . . . shall be in the ownership (fee simple or common) of at least one of the participants . . . *8.B.8: In commercial . . . zoning districts . . . in no case shall it [a parking space] be located less than five (5) feet from any adjacent lot line . . . *8.B.14: All parking spaces shall be designed to prevent vehicles from extending over any property line . . . Where parking spaces allow a vehicle to extend . . . into such areas, an additional parking space depth of two (2) feet shall be provided and/or parking bumper stops shall be incorporated into the parking space design. 8.C.2.(a): No loading space shall be less than . . . fifteen (15) [feet] in vertical clearance . . . the depth shall be sufficient to accommodate the largest delivery trucks supplying the establishment and that loading space lengths for semi-trailer vehicles shall be not less than fifty (50) feet . . . 8.H.5: Perpendicular handicap parking spaces shall be 13 feet wide . . . All items noted above are requested for the property of Miller Oil Company, Inc.- all items marked with an asterisk () are requested for both Miller Oil Company, Inc. & CIG Cypress Run Plaza, LLC. The properties which are the subjects of this special use permit application are located at 13458 Benns Church Blvd (Tax Map #32-10-002A) & 13400-13474 Benns Church Blvd (Tax Map #32-10-002). The parcels’ current zoning designation is Entrance Corridor Overlay (ECO) & Highway Retail Commercial (HRC). Any person affected by or interested in the aforesaid application may appear at the hearing and be heard. Copies of the Zoning Ordinance of the Town of Smithfield and application for this special use permit are available for inspection in the town offices, 310 Institute Street, Smithfield, Virginia 23430. TOWN OF SMITHFIELD, VIRGINIA
BY: Lesley G. King, Clerk
L19-204
Nov27/2tc