Public notices from Oct. 1 edition

Click below for a few view of the public notices.

(Published in the Montgomery County Chronicle on Oct. 1, 2009)

CITY OF CHERRYVALE
PUBLIC HEARING NOTICE
APPLICATION FOR CDBG FUNDS
The City of Cherryvale will hold a public hearing on Thursday, October 8, 2009, at 5:30 p.m. in City Hall, located at 123 W. Main, for the purpose of considering an application to be submitted on behalf of the City of Cherryvale to the Kansas Department of Commerce for Small Cities Community Development Block Grant funds under the community facilities category.  The specific project application to be discussed is to mill and overlay approximately 7 city blocks of Main street from Liberty to Montgomery street. The estimated project cost is $300,000 with an estimated grant request of $150,000.  Other project proposals introduced at the hearing will be considered.  Oral and written comments will be recorded and become a part of the City’s CDBG Citizen Participation Plan.
Reasonable accommodations will be made available to persons with disabilities. Requests should be submitted to City Hall at 620-336-2776 before Monday, October 1, 2009.

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(Published in the Montgomery County Chronicle on Oct. 1, 8 and 15, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

Wells Fargo Bank, National Association (Plaintiff)
vs.
John W. Greenfield, et al (Defendants)
Case No. 09CV114
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 09CV114, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 10/29/2009, at the Main Door of the Courthouse in Independence, Montgomery County, Kansas, the following described real estate located in the County of Montgomery, State of Kansas, to wit:
LOT 3, BLOCK 5, CITY PARK ADDITION TO THE CITY OF COFFEYVILLE, MONTGOMERY COUNTY, KANSAS.
SHERIFF OF MONTGOMERY COUNTY, KANSAS
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Oct. 1, 8 and 15, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

Wells Fargo Bank, National Association (Plaintiff)
vs.
Harold Abildgaard AKA H R Abildgaard AKA Harold Hoildgaard AKA Harold Mike Abildgaard AKA Harold Raymond Abildgaard [deceased] , et al., (Defendants)
Case No. 09CV15 I
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 09CV15 I, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 10/29/2009, at the Main Door of the Courthouse in Indepdendence, Montgomery County, Kansas, the following described real estate located in the County of Montgomery, State of Kansas, to wit:
ALL THAT PARCEL OF LAND IN MONTGOMERY COUNTY, STATE OF KANSAS, AS MORE FULLY DESCRIBED IN BOOK 506, PAGE 263, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF THE W2 OF THE NW4, THENCE WEST 195.34 FEET THENCE SOUTH 223 FEET, THENCE EAST 195.34 FEET, THENCE NORTH 223 FEET TO THE POINT OF BEGINNING: AND BEGINNING 223 FEET SOUTH OF THE NE CORNER OF THE W 12 OF THE NW4, THENCE WEST 624.55 FEET TO THE EAST LINE OF THE HIGHWAY RIGHT OF WAY THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY A DISTANCE OF 209.58 FEET TO A POINT 421.5 FEET SOUTH OF THE NORTH LINE OF SAID NW4, NW4 THENCE EAST 691.8 FEET TO THE EAST LINE OF SAID W4 NW4, THENCE NORTH 198.5 FEET TO THE POINT OF BEGINNING ALL IN SECTION 19, TOWNSHIP 31, RANGE 16, MONTGOMERY COUNTY, KANSAS, EXCEPT THAT PART DEEDED TO THE SECRETARY OF TRANSPORTATION OF THE STATE OF KANSAS AS DESCRIBED ON WARRANTY DEED RECORDED IN BOOK 431, PAGE 244.
Robert Dierks, sheriff
Montgomery County, Kan,
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Oct. 1, 8 and 15, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

Bank of America, N.A., (Plaintiff)
vs.
Ellouese Upton, deceased, et al., (Defendants)
Case No. 09 CV 33 C
Title to Real Estate Involved

NOTICE OF SHERIFF`S SALE
NOTICE IS HEREBY GIVEN, that under and by virtue of an Order of Sale issued by the Clerk of the District Court of Montgomery County, Kansas, in the case above numbered, wherein the parties above named were respectfully plaintiff and Defendant, and to me, the undersigned Sheriff of Montgomery County, Kansas, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the south steps of the Montgomery County Courthouse, 102 W. 7th St. in Coffeyville, Kansas on October 27, 2009 at 10:00 a.m. of said day, the following described real estate situated in the County of Montgomery, State of Kansas, to-wit:
THE EAST 90 FEET OF LOT 5, BLOCK 88, CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS (“Property”)
said real property is levied upon as the property of Defendant Upton and all other alleged owners and will be sold without appraisal to satisfy said Order of Sale.
Robert Dierks, sheriff
Montgomery County, Kan.
MARTIN, LEIGH, LAWS & FRITZLEN, P.C.
Beverly M. Weber (KS # 20570)
Emily W. Hess     (KS # 23035)
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Oct. 1, 8 and 15, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KANSAS

BANK OF AMERICA, N.A., (Plaintiff)
vs.
VIVIAN L. ADAMS, et al., (Defendants)
Case No. 2009 CV 40 C
Title to Real Estate Involved

NOTICE OF
SHERIFF`S SALE
NOTICE IS HEREBY GIVEN, that under and by virtue of an Order of Sale issued by the Clerk of the District Court of Montgomery County, Kansas, in the case above numbered, wherein the parties above named were respectfully plaintiff and Defendant, and to me, the undersigned Sheriff of Montgomery County, Kansas, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at the south steps of the Montgomery County Courthouse, 102 W. 7th St. in Coffeyville, Kansas on October 27, 2009 at 10:00 a.m. of said day, the following described real estate situated in the County of Montgomery, State of Kansas, to-wit:
LOT 3, BLOCK 1, NORTH HIGHLAND ADDITION TO THE CITY OF CANEY, MONTGOMERY COUNTY, KANSAS (“Property”)
said real property is levied upon as the property of Defendant Adams and all other alleged owners and will be sold without appraisal to satisfy said Order of Sale.
Robert Dierks, sheriff
Montgomery County, Kan.
MARTIN, LEIGH, LAWS & FRITZLEN, P.C.
Beverly M. Weber    KS # 20570
Emily W. Hess    KS # 23035
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Oct. 1, 8 and 15, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

Chase Home Finance LLC (Plaintiff)
vs.
Gregory A. Horner and Allyson C. Horner, et al. (Defendants)
Case No.  09CV82I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on October 22, 2009, at 2:00 PM, the following real estate:
Lots 1, 2 and the E/2 of Lot 3, Country Club Addition, being a sub-divison of part of the NE/4, Section 27, Township 34, Range 16, Montgomery County, Kansas, commonly known as 1405 Meadow Street, Coffeyville, KS  67337 (the “Property”)
to satisfy the judgment in the above-entitled case.  The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, sheriff
Montgomery County, Kan.
South & Associates, P.C.
Randall Wharton   (KS #22897)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733
(316) 684-7766 (Fax)
Attorneys For Plaintiff (100173)

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(Published in the Montgomery County Chronicle on Oct. 1, 8 and 15, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. (Plaintiff)
vs.
Desire R. Phillips, et al (Defendants)
Case No.  09CV113I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on October 22, 2009, at 2:00 PM, the following real estate:
Lot 120, Block 4, Maywood Heights Addition to the City of Independence, Montgomery County, Kansas, commonly known as 1708 Irving Street, Independence, KS  67301 (the “Property”)
to satisfy the judgment in the above-entitled case.  The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, sheriff
Montgomery County, Kan.
South & Associates, P.C.
Tricia M. Oldridge   (KS #18213)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733
(316) 684-7766 (Fax)
Attorneys For Plaintiff (102213)

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(Published in the Montgomery County Chronicle on Oct. 1, 8 and 15, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KANSAS

Wells Fargo Bank, National Association (Plaintiff)
vs.
Lawrence Todd Hughes, et al., (Defendants)
Case No. 09CV93
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 09CV93, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 10/29/2009, at the Main Door of the Courthouse in Independence, Montgomery County, Kansas, the following described real estate located in the County of Montgomery, State of Kansas, to wit:
COMMENCING 50 FEET WEST OF THE NE CORNER OF LOT 1, COUNTY CLERK`S SUBDIVISION OF OUT LOT 34, CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS, THENCE WEST 50 FEET, SOUTH 95 FEET, EAST 50 FEET, NORTH 95 FEET TO POINT OF BEGINNING
Robert Dierks, sheriff
Montgomery County, Kan.
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Thursday, Sept. 24, Oct. 1 and 8, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

Chase Home Finance LLC (Plaintiff)
vs.
Lori L. Moore a/k/a Lori Moore; David G. Moore a/k/a David Moore; Unknown Spouse, if any, of Lori L. Moore; Unknown Spouse, if any, of David  G. Moore; John Doe (Tenant/Occupant); Mary Doe (Tenant/Occupant); Board of County Commissioners for Montgomery County, Kansas (Defendants)
Case No.  09CV137I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Suit
The State Of Kansas, to the above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned.
You are notified that a Petition has been filed in the District Court of Montgomery County, Kansas, praying to foreclose a real estate mortgage on the following described real estate:
Lot 10, Block 1, Levan’s Subdivision of Block 113, Original City of Coffeyville, Montgomery County, Kansas, commonly known as 1820 Walnut Street, Coffeyville, KS  67337 (the “Property”)
and all those defendants who have not otherwise been served are required to plead to the Petition on or before the 4th day of November, 2009, in the District Court of Montgomery County, Kansas.  If you fail to plead, judgment and decree will be entered in due course upon the Petition.
NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction.  The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.
South & Associates, P.C.
Tricia M. Oldridge (KS # 18213)
245 N. Waco St., Suite 400
Wichita, KS 67202
(316)684-7733
(316)684-7766 (Fax)
Attorneys For Plaintiff
(104327)

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(Published in the Montgomery County Chronicle on Thursday, Sept. 24, Oct. 1 and 8, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

CitiMortgage, Inc. (Plaintiff)
vs.
Shimree Carpenter and Jason Carpenter, et al. (Defendants)
Case No.  09CV112I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on October 15, 2009, at 2:00 PM, the following real estate:
Lot 13, Faircrest Plat, a Sub-divsion of Out Lot 13 of Paxsons Out Lot Addition, City of Cherryvale, Montgomery County, Kansas, commonly known as 626 E. Main Street, Cherryvale, KS  67335 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the court. For more information, visit www.Southlaw.com.
Robert Dierks, sheriff
Montgomery County, Kansas
South & Associates, P.C.
Tricia M. Oldridge   (KS #18213)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (102186)

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(Published in the Montgomery County Chronicle on Thursday, Sept. 17, 24 and Oct. 1, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

Bank of America, N.A. (Plaintiff)
vs.
Russell L. Farris and Wanda Farris, et al. (Defendants)
Case No.  09CV119I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on October 8, 2009, at 2:00 PM, the following real estate:
Lots 11 and 12, Blk 11 Concannon’s Addition to the City of Independence, Montgomery County, Kansas.
Subject to restrictions, reservations, easement, covenants, oil, gas or mineral rights of record, if any, commonly known as 900 W. Maple, Independence, KS  67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit  www.Southlaw.com.
Robert Dierks, sheriff
Montgomery County, Kansas
South & Associates, P.C.
Tricia M. Oldridge   (KS #18213)
245 N. Waco St., Suite 400
Wichita, KS  67202
(316) 684-7733 • (316) 684-7766 (Fax)
Attorneys For Plaintiff (100852)

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(Published in the Montgomery County Chronicle, Thursday, Oct. 1, 2009)

CITY OF CANEY

RESOLUTION NO. 1212
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, STATING THE GOVERNING BODY’S FINDINGS OF FACT CONCERNING THE PUBLIC HEARING HELD UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS.
WHEREAS, the City of Caney, Kansas held a public hearing on September 21, 2009, upon the statement of the enforcing officer of said City, to determine whether the following described structure is unsafe or dangerous, to-wit:
BECKLEYS ADD S12, T35, R13, 1 EX, 018A FOR HWY; LOT WIDTH 153.0, LOT DEPTH 142.0 City of Caney, Kansas, Montgomery County, Commonly known as 412 E. 6th St. (All buildings on property).
WHEREAS, said hearing was held pursuant to and in compliance with the notice requirements set forth in Article 4, Chapter IV of the Code of the City of Caney; and
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas, provided that the Governing Body shall hear all evidence submitted by the owners, their agent, lien holder of record, or occupants having an interest in the structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings of fact by resolution.
WHEREAS, the Governing Body of the City of Caney shall fix a reasonable time, not to exceed sixty (60) days, within which the repair or removal of such structure shall be commenced.
WHEREAS, Chief of Police, Rick Pell submitted evidence as the enforcing officer of said City, and there were no property owners present.
NOW THEREFORE, after hearing evidence presented by the enforcing officer and landowner in interest, be it resolved by the Governing Body of the City of Caney, Kansas.
Section 1. The Governing Body of the City of Caney, Kansas, finds that the above described property is found to be unsafe or dangerous, and should be repaired or removed, such repair or removal to be commenced within sixty (60) days of the effective date of this resolution, and be completed by December 21, 2009.
Section 2. That if the owner of the above described structure has failed to commence the repair or removal of such structure within the time stated in this resolution or has failed to diligently prosecute the same thereafter, or to complete the same within the time above stated, the City of Caney, Kansas, may proceed to raze and remove such structure, make the premises safe and secure or let the same to contract at the expense of the party in interest.
Section 3. This resolution shall be published once in the Montgomery County Chronicle, the official city newspaper.
Section 4. The City Clerk of the City of Caney, is hereby directed to mail a true and correct certified copy of the within resolution by certified mail within three (3) days after the date of first publication to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days of such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
PASSED AND APPROVED by the Governing Body of the City of Caney, Kansas, this 21st day of September, 2009.
Dale McBride, Mayor
ATTEST: CAROLE COKER, City Clerk

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(Published in the Montgomery County Chronicle, Thursday, Oct. 1, 2009)

CITY OF CANEY
RESOLUTION NO. 1213
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, STATING THE GOVERNING BODY’S FINDINGS OF FACT CONCERNING THE PUBLIC HEARING HELD UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS.
WHEREAS, the City of Caney, Kansas held a public hearing on September 21, 2009, upon the statement of the enforcing officer of said City, to determine whether the following described structure is unsafe or dangerous, to-wit:
BRADLEYS ADD., S07, T35, R14, BLOCK 6, LOT 3 & 4: LOT WIDTH 100.0, LOT DEPTH 127.0, City of Caney, Kansas, Montgomery County, Commonly known as 205 S. McGee (House/Storage building).
WHEREAS, said hearing was held pursuant to and in compliance with the notice requirements set forth in Article 4, Chapter IV of the Code of the City of Caney; and
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas, provided that the Governing Body shall hear all evidence submitted by the owners, their agent, lien holder of record, or occupants having an interest in the structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings of fact by resolution.
WHEREAS, the Governing Body of the City of Caney shall fix a reasonable time, not to exceed sixty (60) days, within which the repair or removal of such structure shall be commenced.
WHEREAS, Chief of Police, Rick Pell submitted evidence as the enforcing officer of said City, and there were no property owners present.
NOW THEREFORE, after hearing evidence presented by the enforcing officer and landowner in interest, be it resolved by the Governing Body of the City of Caney, Kansas.
Section 1. The Governing Body of the City of Caney, Kansas, finds that the above described property is found to be unsafe or dangerous, and should be repaired or removed, such repair or removal to be commenced within sixty (60) days of the effective date of this resolution, and be completed by December 21, 2009.
Section 2. That if the owner of the above described structure has failed to commence the repair or removal of such structure within the time stated in this resolution or has failed to diligently prosecute the same thereafter, or to complete the same within the time above stated, the City of Caney, Kansas, may proceed to raze and remove such structure, make the premises safe and secure or let the same to contract at the expense of the party in interest.
Section 3. This resolution shall be published once in the Montgomery County Chronicle, the official city newspaper.
Section 4. The City Clerk of the City of Caney, is hereby directed to mail a true and correct certified copy of the within resolution by certified mail within three (3) days after the date of first publication to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days of such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
PASSED AND APPROVED by the Governing Body of the City of Caney, Kansas, this 21st day of September, 2009.
Dale McBride, Mayor
ATTEST: CAROLE COKER, City Clerk

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(Published in the Montgomery County Chronicle, Thursday, Oct. 1, 2009)

CITY OF CANEY
RESOLUTION NO. 1214
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, STATING THE GOVERNING BODY’S FINDINGS OF FACT CONCERNING THE PUBLIC HEARING HELD UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS.
WHEREAS, the City of Caney, Kansas held a public hearing on September 21, 2009, upon the statement of the enforcing officer of said City, to determine whether the following described structure is unsafe or dangerous, to-wit:
BRADLEYS ADD., S07, T35, R14, BLOCK 6, LOT 5: LOT WIDTH 050.0, LOT DEPTH 127.0, City of Caney, Kansas, Montgomery County, Commonly known as 209 S. McGee (House).
WHEREAS, said hearing was held pursuant to and in compliance with the notice requirements set forth in Article 4, Chapter IV of the Code of the City of Caney; and
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas, provided that the Governing Body shall hear all evidence submitted by the owners, their agent, lien holder of record, or occupants having an interest in the structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings of fact by resolution.
WHEREAS, the Governing Body of the City of Caney shall fix a reasonable time, not to exceed sixty (60) days, within which the repair or removal of such structure shall be commenced.
WHEREAS, Chief of Police, Rick Pell submitted evidence as the enforcing officer of said City, and there were no property owners present.
NOW THEREFORE, after hearing evidence presented by the enforcing officer and landowner in interest, be it resolved by the Governing Body of the City of Caney, Kansas.
Section 1. The Governing Body of the City of Caney, Kansas, finds that the above described property is found to be unsafe or dangerous, and should be repaired or removed, such repair or removal to be commenced within sixty (60) days of the effective date of this resolution, and be completed by December 21, 2009.
Section 2. That if the owner of the above described structure has failed to commence the repair or removal of such structure within the time stated in this resolution or has failed to diligently prosecute the same thereafter, or to complete the same within the time above stated, the City of Caney, Kansas, may proceed to raze and remove such structure, make the premises safe and secure or let the same to contract at the expense of the party in interest.
Section 3. This resolution shall be published once in the Montgomery County Chronicle, the official city newspaper.
Section 4. The City Clerk of the City of Caney, is hereby directed to mail a true and correct certified copy of the within resolution by certified mail within three (3) days after the date of first publication to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days of such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
PASSED AND APPROVED by the Governing Body of the City of Caney, Kansas, this 21st day of September, 2009.
Dale McBride, Mayor
ATTEST:
CAROLE COKER, City Clerk

* * * *

(Published in the Montgomery County Chronicle, Thursday, Oct. 1, 2009)

CITY OF CANEY
RESOLUTION NO. 1215
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, STATING THE GOVERNING BODY’S FINDINGS OF FACT CONCERNING THE PUBLIC HEARING HELD UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS.
WHEREAS, the City of Caney, Kansas held a public hearing on September 21, 2009, upon the statement of the enforcing officer of said City, to determine whether the following described structure is unsafe or dangerous, to-wit:
FIRST ADD S12, T35, R13, BLOCK 25, LOT 7-9, LOT WIDTH: 075.0, LOT DEPTH 142.0, City of Caney, Kansas, Montgomery County, Commonly known as 611 N. State (House).
WHEREAS, said hearing was held pursuant to and in compliance with the notice requirements set forth in Article 4, Chapter IV of the Code of the City of Caney; and
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas, provided that the Governing Body shall hear all evidence submitted by the owners, their agent, lien holder of record, or occupants having an interest in the structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings of fact by resolution.
WHEREAS, the Governing Body of the City of Caney shall fix a reasonable time, not to exceed sixty (60) days, within which the repair or removal of such structure shall be commenced.
WHEREAS, Chief of Police, Rick Pell submitted evidence as the enforcing officer of said City, and there were no property owners present.
NOW THEREFORE, after hearing evidence presented by the enforcing officer and landowner in interest, be it resolved by the Governing Body of the City of Caney, Kansas.
Section 1. The Governing Body of the City of Caney, Kansas, finds that the above described property is found to be unsafe or dangerous, and should be repaired or removed, such repair or removal to be commenced within sixty (60) days of the effective date of this resolution, and be completed by December 21, 2009.
Section 2. That if the owner of the above described structure has failed to commence the repair or removal of such structure within the time stated in this resolution or has failed to diligently prosecute the same thereafter, or to complete the same within the time above stated, the City of Caney, Kansas, may proceed to raze and remove such structure, make the premises safe and secure or let the same to contract at the expense of the party in interest.
Section 3. This resolution shall be published once in the Montgomery County Chronicle, the official city newspaper.
Section 4. The City Clerk of the City of Caney, is hereby directed to mail a true and correct certified copy of the within resolution by certified mail within three (3) days after the date of first publication to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days of such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
PASSED AND APPROVED by the Governing Body of the City of Caney, Kansas, this 21st day of September, 2009.
Dale McBride, Mayor
ATTEST:
CAROLE COKER, City Clerk

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(Published in the Montgomery County Chronicle on Thursday, Sept. 24 and Oct. 1, 2009)

CITY OF CANEY
RESOLUTION NO. 1216
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS
WHEREAS, the Enforcing Officer of the City of Caney, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
BROOKS ADDN, S13, T35, R13, BLOCK 1 , LOT 16 &7; LOT WIDTH: 100.0 LOT DEPTH 140.0 to the City of Caney, Kansas, Montgomery County, Commonly Known as 109 E. 7th
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas provides upon filing of such written statement, that the Governing Body of the City of Caney shall fix a time and place for hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth: and
WHEREAS, the name(s) and address(es) of the owner(s), Owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
Mack & Fern Chastain
505 S Wood
Caney, KS 67333
1. Owner(s) Agent(s):
2. Lien holder(s):  NONE
3. Occupant(s):
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS:
Section 1.  The Governing Body of the City of Caney, Kansas, does hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished:
Date of Hearing: December 21, 2009
Place of Hearing:  Board of Education Office at 7:00pm. Caney, KS  67333
SECTION 2.  This Resolution shall be published once each week for two consecutive weeks on the same day of each week in the County Chronicle, the official city newspaper.
SECTION 3.  The City Clerk of the City of Caney, Kansas, is hereby directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of  publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days on such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
ADOPTED by the governing body of the City of Caney on this September 21, 2009.
Dale McBride, mayor
ATTEST: Carole Coker, city clerk

* * * *

(Published in the Montgomery County Chronicle on Thursday, Sept. 24 and Oct. 1, 2009)

CITY OF CANEY
RESOLUTION NO. 1217
A RESOLUTION ADOPTED PURSUANT TO ARTICLE 4, CHAPTER IV OF THE CODE OF THE CITY OF CANEY, KANSAS, FIXING A TIME AND PLACE FOR HEARING AND PROVIDING FOR NOTICE UPON THE STATEMENT OF THE ENFORCING OFFICER OF SAID CITY THAT THE STRUCTURE DESCRIBED HEREIN IS UNSAFE OR DANGEROUS
WHEREAS, the Enforcing Officer of the City of Caney, Kansas, has filed a statement in writing that the following described structure is unsafe or dangerous, to-wit:
BRADLEY 2nd ADD, S07, T35, R14, BEG SE COR LT 4 BLK 10 N 100’ W 142’ S 100’ E 142’ TO POB; LOT WIDTH: 050.0 LOT DEPTH:158.0to the City of Caney, Kansas, Montgomery County, Commonly Known as 104 S. EAST ST.
WHEREAS, Article 4, Chapter IV of the Code of the City of Caney, Kansas provides upon filing of such written statement, that the Governing Body of the City of Caney shall fix a time and place for hearing, by adoption of a resolution, which resolution shall be published and notice given to each owner, agent, lien holder and occupant as hereafter set forth: and
WHEREAS, the name(s) and address(es) of the owner(s), Owner(s) agent(s), lien holder(s) and occupant(s) are:
Owner(s):
James P. Wade
601 S Penn Ave. Apt. 111
Independence, KS 67301
1. Owner(s) Agent(s):
2. Lien holder(s):  NONE
3. Occupant(s):
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS:
Section 1. The Governing Body of the City of Caney, Kansas, does hereby fix the following time and place at which the owner, owner’s agent, and lien holder of record and any occupant of such structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished:
Date of Hearing: December 21, 2009
Place of Hearing:  Board of Education Office at 7:00pm. Caney, KS  67333
SECTION 2.  This Resolution shall be published once each week for two consecutive weeks on the same day of each week in the County Chronicle, the official city newspaper.
SECTION 3.  The City Clerk of the City of Caney, Kansas, is hereby directed to mail a true and correct certified copy of the within Resolution by certified mail within three days after the date of  publication hereof to each owner, agent, lien holder and occupant at the last known place of residence of each, marked “Deliver to Addressee Only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days on such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.
ADOPTED by the governing body of the City of Caney on this September 21, 2009.
Dale McBride, mayor
ATTEST: Carole Coker, city clerk

October 2, 2009 · Posted in Notices  
    

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