The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
BENJAMIN B. WAGNER United States Attorney KIRK E. SHERRIFF Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorney for the United States of America
STIPULATION FOR FINAL ORDER OF FORFEITURE RE: REAL PROPERTY AT 1407 W. GARLAND FRESNO, CALIFORNIA AND ORDER THEREON
IT IS HEREBY STIPULATED by and between plaintiff United States of America and petitioner City of Fresno, to compromise and settle their interests in the following property (hereafter, the "Property"), and to consent to the entry of a Final Order of Forfeiture as to the following asset pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c):
Real Property located at 1407 W. Garland, Fresno, California 93705, APN 433-272-05, recorded owner Richard Earl Norton, Jr., and more fully described as:
LOT 86 OF TRACT NO. 1177, BURISS HEIGHTS, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 14 PAGE 100 OF PLATS, RECORDS IN SAID COUNTY.
This stipulation for Final Order of Forfeiture is entered into between the parties pursuant to the following terms:
1. On September 24, 2010, Richard Earl Norton, Jr., entered into a plea agreement in which he pled guilty to Count One of the Indictment, which charges him with Interstate Transportation of Stolen Property and Aiding and Abetting, in violation of Title 18, United States Code, Sections 2314 and 2. The Court entered a Preliminary Order of Forfeiture on November 9, 2010. Pursuant to 28 U.S.C. § 2461(c), incorporating 21 U.S.C. § 853(n), the United States gave direct notice to the City of Fresno, a municipal corporation and published notice on the official internet government forfeiture site www.forfeiture.gov for at least 30 consecutive days beginning December 11, 2010 and ending on January 9, 2011. The City of Fresno filed a Petition for Ancillary Hearing on March 15, 2011, claiming a lien holder interest in the Property. No other persons or entities have come forward and the time for maintaining a claim has expired.
2. The parties hereby stipulate that the City of Fresno is a lien holder on the Property. The City of Fresno has a legal right, title, or interest in the Property, and such right, title, or interest requires the Court to amend the Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(c)(2) to account for the Petitioner City of Fresno's interest because such interest was vested in the Petitioner rather than the Defendant at the time of the commission of the acts which give rise to the forfeiture of the Property. See 28 U.S.C. § 2461(c) (incorporating 21 U.S.C. § 853(n)). The parties further stipulate, however, that Richard Earl Norton, Jr., has an ownership interest in the Property and the Preliminary Order of Forfeiture remains valid to the extent it orders the forfeiture of his interest.
3. The parties agree that the sale of the Property shall be handled by the U.S. Marshals Service in a commercially reasonable manner. The U.S. Marshals Service shall have sole authority to select the means of the sale, including sale by internet or through a licensed real estate broker, and shall have sole authority over the marketing and sale of the Property. Richard Earl Norton, Jr. is currently in custody. Richard Earl Norton, Jr., or his designee shall maintain the Property in good condition and repair, and provide the U.S. Marshals Service or its agents with reasonable access to the Property to facilitate its appraisal, marketing, and sale. Richard Earl Norton, Jr. or his designee further shall remove all personal possessions, and the personal possessions of any former occupant, including all vehicles, furniture, and trash. Any and all of Richard Earl Norton Jr.'s personal possessions, and the personal possessions of any former occupant, not removed will be disposed of by the United States without further notice.
4. The United States agrees that upon entry of a Final Order of Forfeiture and sale of the Property pursuant to the Final Order of Forfeiture, the United States will not contest payment to the City of Fresno from the proceeds of the sale, after payment of outstanding real property taxes assessed against the Property and expenses reasonably incurred by the U.S. Marshals Service in connection with its custody and sale of the Property, the following:
a. All unpaid principal due to petitioner City of Fresno under the Deeds of Trust recorded in Fresno County, California, Official Records as instrument numbers 2006-0266140 and 2006-0266141 respectively, dated December 15, 2006 and recorded December 21, 2006. Said Deeds of Trust secured Promissary Notes in the original amounts of $13,051.00 and $13,052.00 dated December 15, 2006. As of March 15, 2011, the principal balance due and owing on the Notes was $12,655.50 and $12,656.50, for a total of $25,312.00. The total amount necessary to pay the Notes in full as of March 15, 2011 was $25,312.00.
b. Reasonable costs and expenses for servicing the subject loans and preservation of the Property to the extent recoverable under the above Notes secured by the Deeds of Trust, and any property insurance and property taxes paid by the City of Fresno, shall be reimbursed, until the date of payment.
d. A total fee of not more than $200 to process a beneficiary demand statement and to record a reconveyance of the Deeds of Trust.
e. The exact amount to be paid to the City of Fresno shall be determined at the time of payment, but shall not be less ...