NOTICE OF SERVICE BY PROCESS BY PUBLICATION
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION
FILE NO. 24 CvD 126
NORTH CAROLINA
CHEROKEE COUNTY
Cherokee County, A Body Politic and Corporate vs. Unknown Heirs at Law of Luther R. Gabriel, a/k/a Luther Riley Gabriel, Jr.
TO: Unknown Heirs at Law of Luther R. Gabriel, a/k/a Luther Riley Gabriel, Jr.
Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows:
Foreclosure sale to satisfy unpaid property taxes owing to Cherokee County on your interest in the property described as follows:
BEING that certain tract or parcel identified as 4469-00-67-1802-000 by the Cherokee County Tax Office, containing 0.67 acres, more or less, and being a portion of that parcel in Notla Township, District No. 3, Lot No. 28, of what was formerly known as the O. P. Lance property, and being more particularly described as follows:
BEGINNING at a point where the centerline of South Cove Lane intersects the centerline of West Cove Lane and runs thence with the centerline of South Cove Lane two courses: N. 08-15 W. 76.5 feet and N. 30-28 W. 124.66 feet to a point in said centerline; thence N. 89-00 W. 366.77 feet to a point in East line of the Carl Tyler tract; thence a line common with Tyler S. 17-38 W. 266.37 feet to a point in the centerline of West Cove Lane, thence with the centerline of West Cove Lane five courses as follows: S. 74-55 E. 125.4 feet, S. 89-00 E. 90.5 feet, N. 71-05 E. 133.8 feet, N. 67-50 E. 166.7 feet and S. 74-45 E. 33.0 feet to the BEGINNING, containing 2.6 acres, more or less.
LESS AND EXCEPT: A certain tract or parcel of land lying and being in Notla Township and being 2.00 acres more or less and being designated as Lot 28-1 of O. P. Lance Subdivision as shown on survey entitled "Barbara J. Guidry and Luther R. Gabriel" dated November 6, 2001 by Southern Boundary Surveying Company, D. Bruce Black, North Carolina Professional Land Surveyor No. L-3544 and from said survey is more particularly described as follows:
BEGINNING at a railroad spike set at the intersection of the centerlines of a 14-foot gravel subdivision access road (South Cove Lane) the centerline of which is also the centerline of a 30-foot ingress/egress and utility right of way easement corridor extending 15-feet on each side of the aforementioned centerline and an 8-foot existing soil subdivision access road (West Cove Lane) the centerline of which is also the centerline of a 30-foot ingress/egress and utility right of way easement corridor extending 15-feet on each side of the aforementioned centerline. Said beginning point being the Southeast corner of the property herein conveyed, corner common to Tract 1/Lot 26 (Guidry Deed Book 769 Page 174), Hawkins (Deed Book 915 Page 212) and Lot #22 of 0. P. Lance Subdivision. Said beginning point also being located South 31 deg 07' West a distance of 27.85 feet from an iron rod found on a line common to Lot #26 and Lot #26. From said point of beginning, leaving the 14-foot gravel road centerline and along with the 8-foot soil road centerline the following eleven (11) calls and distances: South 77 deg 01' West a distance of 31.60 feet; thence South 76 deg 09' West a distance of 37.84 feet; thence South 65 deg 32' West a distance of 79.81 feet; thence South 68 deg 22' West a distance of 38.56 feet; thence South 79 deg 14' West a distance of 47.21 feet; thence South 64 deg 26' West a distance of 40.78 feet; thence South 75 deg 47' West a distance of 28.45 feet; thence South 80 deg 08' West a distance of 55.38 feet; thence North 84 deg 53' West a distance of 80.03 feet; thence North 70 deg 19' West a distance of 49.18 feet; thence North 75 deg 15' West a distance of 31.72 feet; to an iron pin located at the Southwest corner of the property herein conveyed, corner common to Lot 28-2 and Lot #23 of 0. P. Lance Subdivision. Thence leaving the aforementioned centerline and along a line common to Lot 28-2 North 42 deg 02' East a distance of 11.16 feet to an iron rod set near the North side of the aforementioned right of way margin; thence continuing North 42 deg 02' East a distance of 337.92 feet to an iron rod set at the Northwest corner of the property herein conveyed, corner common to Lot 28-2 and Guidry (Deed Book 769 Page 174). Thence leaving the line common to Lot 28-2 and along a line common to Tract 2 South 86 deg 46' East a distance of 167.48 feet to an iron pipe found on the West side of the first mentioned right of way margin (said iron pipe being located South 52 deg 51' West a distance of 162.36 feet from an iron pipe found at the Southeast corner of Tract #2); thence South 86 deg 47' East a distance of 18.76 feet to a point in the center of the first mentioned 14-foot gravel access road, said point being the Northeast corner of the property herein conveyed, corner common to Tract 2 and Tract I/ (Lot #26 0. P. Lance Subdivision. Thence leaving the line common to Tract 2 and along with the aforementioned centerline the following seven (7) calls and distances: South 15 deg 09' West a distance of 3.55 feet; thence South 10 deg 55' East a distance of 17.45 feet; thence South 24 deg 40' East a distance of 23.13 feet; thence South 33 deg 05' East a distance of 22.56 feet; thence South 34 deg 22' East a distance of 38.34 feet; thence South 25 deg 10' East a distance of 40.97 feet; thence South 18 deg 18' East a distance of 47.46 feet to the point and place of BEGINNING. Containing 2.00 acres more or less according to the aforementioned survey. Should there be any discrepancy between the metes and bounds description above and the aforementioned survey plat, the survey plat shall prevail.
Together with and subject to easements, restrictions, water rights and rights of way of record, and matters of survey.
Also being identified as Parcel ID# 4469-00-67-1802-000, Cherokee County Tax Office.
Address: (4469-00-67-1 802-000) Cove Lane
Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed.
You are required to make defense to such pleading not later than April 30, 2024 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This day of March 12, 2024.
E. Lauren Watson Hubbard
Attorney for Plaintiff
Capital Center
82 Patton Avenue, Suite 500
Asheville, North Carolina 28801
(828) 252-8010
Publish on
March 20, 2024
March 27, 2024
April 3, 2024
(807360)