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U.S. v. RESIDENTIAL PROPERTY

United States District Court, S.D. California


October 11, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
ONE RESIDENTIAL PROPERTY LOCATED AT 838 PHILLIPS STREET VISTA, CALIFORNIA AND ALL IMPROVEMENTS AND APPURTENANCES AFFIXED THERETO, Defendant.

The opinion of the court was delivered by: BARRY MOSKOWITZ, District Judge

STIPULATION FOR DISMISSAL OF COMPLAINT FOR FORFEITURE; ORDER THEREON
Plaintiff, the United States of America ("plaintiff"), by and through its counsel, Carol C. Lam, United States Attorney, and Garry G. Haehnle, Special Assistant United States Attorney, and claimant Doris Watson and her attorney of record, Richard M. Barnett, hereby stipulate and agree as follows: The Residential Property Located at 838 Phillips Street, Vista, California, and All Improvements and Appurtenances Affixed Thereto is described as:

  PARCEL 1:

Parcel B of Parcel Map No. 13435, in the City of Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County.
Parcel 2:
  An easement for ingress and egress for access purposes over that portion of Parcel A of Parcel Map No. 13435, in the City of Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, lying Northeasterly of the Southeasterly prolongation of that course in the Northeasterly boundary of said Parcel A bearing "North 52°09 54" West, 107.00 feet". 2. That plaintiff has recorded the Withdrawal of Lis Pendens and has seized the net proceeds from the sale of defendant real property pursuant to a seizure warrant.

  3. Therefore, plaintiff and claimant stipulate and agree that the Complaint for Forfeiture in this case may be dismissed without prejudice.

  ORDER

  Having reviewed the foregoing Stipulation and good cause appearing,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
The Stipulation is hereby APPROVED.
  1. That the Residential Property Located at 838 Phillips Street, Vista, California, and All Improvements and Appurtenances Affixed Thereto is described as:

  PARCEL 1:

Parcel B of Parcel Map No. 13435, in the City of Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County.
Parcel 2:
  An easement for ingress and egress for access purposes over that portion of Parcel A of Parcel Map No. 13435, in the City of Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, lying Northeasterly of the Southeasterly prolongation of that course in the Northeasterly boundary of said Parcel A bearing "North 52°09 54" West, 107.00 feet". 2. That plaintiff has recorded the Withdrawal of Lis Pendens and has seized the net proceeds from the sale of defendant real property pursuant to a seizure warrant.

  3. That the Complaint for Forfeiture in this case shall be dismissed without prejudice.

20051011

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