STATE OF NORTH
CAROLINA
COUNTY OF CHEROKEE
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION
23 CvD 448
NOTICE OF SALE
CHEROKEE COUNTY,
A Body
Politic and Corporate
Plaintiff
-vs-
MARSHA Y. MILLIGAN, UNKNOWN SPOUSE OF MARSHA Y. MILLIGAN, UNKNOWN HEIRS AT LAW OF FLOYD L. HYDE, UNKNOWN HEIRS AT LAW OF JOSIE HYDE, UNKNOWN HEIRS AT LAW OF ELMO HYDE, a/k/a DAVID ELMO HYDE, UNKNOWN HEIRS AT LAW OF ODELL HYDE, a/k/a CARL ODELL HYDE, UNKNOWN HEIRS AT LAW OF BERNICE HYDE, a/k/a BERNICE HYDE MCLEAN, a/k/a ESTER BERNICE HYDE MCLAIN, UNKNOWN HEIRS AT LAW OF LOIS JEAN ROLAND, a/k/a LOIS JEAN HYDE ROLAND, UNKNOWN HEIRS AT LAW OF DAVID EUGENE HYDE
Defendants
Under and by virtue of an order of the District Court of Cherokee County, North Carolina, made and entered in the action entitled CHEROKEE COUNTY, A Body Politic and Corporate Plaintiff vs. MARSHA Y. MILLIGAN, UNKNOWN SPOUSE OF MARSHA Y. MILLIGAN, UNKNOWN HEIRS AT LAW OF FLOYD L. HYDE, UNKNOWN HEIRS AT LAW OF JOSIE HYDE, UNKNOWN HEIRS AT LAW OF ELMO HYDE, a/k/a DAVID ELMO HYDE, UNKNOWN HEIRS AT LAW OF ODELL HYDE, a/k/a CARL ODELL HYDE, UNKNOWN HEIRS AT LAW OF BERNICE HYDE, a/k/a BERNICE HYDE MCLEAN, a/k/a ESTER BERNICE HYDE MCLAIN, UNKNOWN HEIRS AT LAW OF LOIS JEAN ROLAND, a/k/a LOIS JEAN HYDE ROLAND, UNKNOWN HEIRS AT LAW OF DAVID EUGENE HYDE, Defendants, the undersigned commissioner will on April 23, 2024 at 11:00 AM offer for sale and sell for cash, to the last and highest bidder at public auction, at the courthouse door in Cherokee County, North Carolina in Murphy, the following described property lying in Cherokee County, North Carolina and more particularly described as follows:
Parcel 1:
That certain tract or parcel of land consisting of 3.86 acres, more or less, situate on the North side of North Carolina State Secondary Road 1501, Red Marble Road, Valleytown Township, Cherokee County, North Carolina, designated and being Lot 2, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property" as is depicted on that survey plat dated February 23, 2011, revised on March 12, 2013, by Kenneth R. Moore, Professional Land Surveyor, incorporated herein by reference thereto, the metes and bounds description as related thereon being:
BEGINNING on a p.k. nail situate in the centerline of North Carolina State Secondary Road 1501, Red Marble Road, the Southeast corner of this tract, assigned North Carolina Grid Coordinates N:570,062.02 and E:588,999.71; thence; and, therefrom, along and with the centerline of Red Marble Road, these courses and distances: S 35-29-20 W 46.80 feet, S 35-29-20 W 48.71 feet, S 53-51-20 W 48.71 feet, S 64¬26- 54 W 48.14 feet, S 66-29-15 W 53.65 feet, S 67-22-38 W 52.04 feet, S 68-40¬53 W.48:87 feet, S 73-22-44 W 48.42 feet, S 82-35-34 W 45.34 feet, N 86-51-08 W 48.01 feet, N 80-03-35 W 46.15 feet, N 77-35-32 W 47.90 feet, N 78-12-13 W 46.68 feet, N 82-59-40 W 46.46 feet, S 86-56- 16 W 46.94 feet, S 78-11-26 W 46.56 feet, S 76-38-23 W 47.39 feet, S 80-07-33 E 41.94 feet; and, S 82-31-37 W 23.87 feet to a point situate in the centerline of Red Marble Road, the Southwest corner of this tract; thence, leaving Red Marble Road, along and with the common boundary line of that tract owned, now or formerly by Red Marble Baptist Church (Deed Book 107, page 206, Deed Book 275, page 73, Deed Book 329, page 3, Deed Book 321, page 106 and Deed Book 846, page 9), N 02-18-29 E 12.89 feet to a magnetic nail (found); and, N 02-12-44 E 50.96 feet to an iron rod (set), the Northwest corner of this tract, assigned North Carolina Grid Coordinates N: 569,962.17 and E:588,222.65; thence, along and with the common boundary line of Lot 3,"Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", N 55-09-38 E 583.61 feet to an iron road (set), the North corner of this tract; thence, along and with the common boundary line of Lot 1, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", S 51-55-38 E, crossing the cited electric power lines, traversing overhead electric wires, 353.576 feet to an iron rod (set) an or near the right of way of Red Marble Road; and, S 51-49-30 W 25.09 feet to the beginning corner.
Subject to easements, restrictions and rights of way of record, and matters of survey.
Also being identified as Parcel ID# 5587-00-80-7089-000, Cherokee County Tax Office.
Address: 1663 Red Marble Rd
Parcel 2:
That certain tract or parcel of land consisting of 3.87 acres, more or less, situate on the North side of North Carolina State Secondary Road 1501, Red Marble Road, Valleytown Township, Cherokee County, North Carolina, designated and being Lot 3, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", as is depicted on that survey plat dated February 23, 2011, revised on March 12, 2013, published by Kenneth R. Moore, Professional Land Surveyor, incorporated herein by reference thereto, the metes and bounds description as related thereon being:
BEGINNING on an iron rod (set), the South corner of this tract; and, the Northwest corner of Lot 2, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", assigned North Carolina Grid Coordinates N:569,962.17 and E: 588,222.65; thence, and therefrom, along and with the common boundary line of that tract owned, now or formerly by Red Marble Baptist Church (Deed Book 107, page 205, Deed Book 275, page 73; Deed Book 329, 3; Deed Book 321, page 106; and, Deed Book 846, page 9): N 02-12-44 E 63.13 feet to a IA" iron rod (set) and, N 07-12-55 E 75.08 feet to a to a 'A" iron rod (set) , the Northwest corner of this tract; thence, continuing along and with the common boundary line of the "Red Marble Baptist Church Tract; and, thereafter, along and with the common boundary line of that tract, owned, now by Higdon and by Roach (Deed Book 1381, page 144), these courses and distances: N 47¬14-39 E 149.94 to an 'A" iron rod (set), N 40-13-49 E 130.98 feet to a 'A" iron rod (set), N 36-43-22 E, traversing a creek or branch, 337.05 feet to a 'A" iron rod (set); and N 32-28-02 E 317.97 feet to an iron rod (found) in the center of a creek, the North corner of this tract, thence, along and with the common boundary line of that tract owned, now or formerly by Lane Roper (Deed Book 664, page 89), S 49-40-22 E 70.76 feet, S 85-31-15 E 29.46 feet, S 45-23-15 E 50.45 feet and S 19-28¬01 E 20.24 feet to a point, the East corner of this tract and the North corner of Lot 1, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property"; thence, along and with the common boundary of Lot 1, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", S 27-05-36 W 18.87 feet to an iron rod (set), S 27-04-02 W, crossing an easement, twenty (20') feet wide, extending from the North boundary line of this tract, Lot 1 and the corresponding South boundary line of Lot 3, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", to its intersection with the centerline of North Carolina State Secondary Road 1501, Red Marble Road, 401.54 feet to an iron rod (set); and, S 27-04-03 W 75.71 feet to and iron rod (set); the Northwest corner of Lot 1, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property" and the Northeast corner of Lot 2, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", assigned North Carolina Grid Coordinates N: 570,295.57; and, E: 588,710.65; thence, along and with the common boundaryline of Lot 2, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", S 55-09-38 W 583.61 feet to the beginning corner.
Subject to easements, restrictions and rights of way of record, and matters of survey.
Also being identified as Parcel ID# 5587-00-80-7557-000, Cherokee County Tax Office.
Address:
1727 Red Marble Rd
Parcel 3:
That certain tract or parcel of land consisting of 3.86 acres, more or less, situate on the North side of North Carolina State Secondary Road 1501, Red Marble Road, Valleytown Township, Cherokee County, North Carolina, designated and being Lot 1, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property" as is depicted on that survey plat dated February 23, 2011, revised on February 23, 2011, by Kenneth R. Moore, Professional Land Surveyor, incorporated herein by reference thereto, the metes and bounds description as related thereon being:
BEGINNING on a p.k. nail situate in the centerline of Red Marble Road, the Southeast corner of this tract, assigned North Carolina Grid Coordinates N=570,203.17 and E=589,059.74; thence, leaving Red Marble Road, along and with the common boundary line of Lot 2, "Josie Hyde, Elmo Hyde, Bernice Hyde and Floyd Hyde Property", crossing under overhead electric utility lines, N 51-49-30 W 25;09 feet to an iron rod (set); and, N 51-55-38 W 353.57 feet to an iron rod (set), the Northwest corner of this tract and the North corner of Lot2 (3.86 acres) of the cited property, assigned North Carolina Grid Coordinates N: 570295.57 and E: 588701.65; thence, along and with the common boundary line of Lot 3 of the cited property, N 27-04-02 E 75.71 feet to an iron rod (set), N 27-04-02 W, crossing an easement corridor, twenty (20') feet wide, ten (10') feet on each side of the centerline thereof, 401.54 feet to an iron rod (set);and, N 27-05-36 E 18.87 feet to a point in the centerline of a creek, the Northeast corner of this tract; thence, along and with the centerline of the creek, along and with the common boundary line of that tract owned, now or formerly by Lane Roper (Deed Book 664, page 89), these courses and distances: S 19-28-01 E 9.97 feet, S 56-21-15 E 70.69 feet, S 38-32¬15 E 51.73 feet, S 45-24-15 E 67.88 feet, S 40-27-15 E 42.31 feet, S 24-19-15 E 92.21 feet; and, S 19-22-46 E 85.55 feet to a point in the centerline of Red Marble Road, the East corner of this tract, assigned North Carolina Grid Coordinates N¬570.403.73 and E:589,163.96; thence, along and with the centerline of Red Marble Road, these courses and distances: S 27-57-38 W 125.40 feet, S 27-37-40 W 57.62 feet, S 25-48-50 W 43.03 feet, S 23-09-23 W 44.49 feet, S 21-23-11 W 60.72 feet; and, S 25-00-36 W 48.23 feet to the beginning corner.
Subject to easements, restrictions and rights of way of record, and matters of survey.
Also being identified as Parcel ID# 5587-00-80-9430-000, Cherokee County Tax Office.
Address:
1727 Red Marble Rd
The sale will be made subject to all existing easements and restrictions, any superior liens, all outstanding city and county taxes, all local improvement assessments against the above-described property not included in the judgment in the above-entitled cause, any prior lien in favor of the State of North Carolina, any right of redemption of the United States and any rights of any persons in possession. A deposit of the greater of $750.00 or five (5) percent of the successful bid will be required at the time of sale unless the highest bid is by a taxing unit; then a deposit shall not be required.
In the instance where multiple tax parcels are indicated in this Notice, the Commissioner may elect to sell all of the parcels either in one sale, or on the sale date indicated sell each parcel individually by conducting a separate sale for each, or group various parcels together for several sales, or not conduct a sale at all on one or more parcels, as the Commissioner determines in his sole discretion as being most likely to sell the parcels at a price adequate to pay all taxes due, as well as fees and costs. Any party contemplating the filing of an upset bid is therefore strongly encouraged to consult the Clerk of Court records to ascertain the parcel or parcels included in the sale for which an upset bid is planned.
Upon delivery of the deed, the winning bidder shall be required to pay the costs of recordation of the deed, including deed stamp taxes due to the Register of Deeds. Title and condition of the property will be granted to the successful bidder ?as is? and without warranties.
This the 18 day of March, 2024.
E. Lauren Watson Hubbard
Commissioner
Capital Center
82 Patton Avenue, Suite 500
Asheville, North Carolina 28801
(828) 252-8010
TOTAL TAX VALUE: $55,158.00
(809221)