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United States v. Vacant Land Located In Ontario

United States District Court, C.D. California, Eastern Division

August 31, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
VACANT LAND LOCATED IN ONTARIO, CALIFORNIA, Defendant. THE HARRIS GROUP II, LP, Titleholder.

          SANDRA R. BROWN Acting United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section

          JONATHAN GALATZAN Assistant United States Attorney Asset Forfeiture Section Attorney for Plaintiff United States of America

          CONSENT JUDGMENT OF FORFEITURE

          THE HONORABLE MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE

         Plaintiff and claimant KVG Group, Inc. and potential claimant The Harris Group II, LP have made a stipulated request for the entry of this Consent Judgment, resolving this action in its entirety.

         The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND DECREES:

         1. The government has given and published notice of this action as required by law, including Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. KVG Group, Inc. has filed a claim and answer. Potential claimant The Harris Group II, LP claims an interest in the defendant property, but has not filed a claim in this case or answered the complaint. However, The Harris Group II, LP would have filed a claim and answer in this case absent this agreement. No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired. This Court has jurisdiction over the parties to this judgment and the defendant property. Any potential claimants to the defendant property other than KVG Group, Inc. and The Harris Group II, LP are deemed to have admitted the allegations of the complaint with respect to the defendant property.

         2. The United States of America shall have judgment as to the defendant property, and, other than those interests recognized herein, no other person or entity shall have any right, title or interest therein. The legal description of the defendant property, which property has Assessor Parcel Numbers 0238-041-22 and 0238-041-28 (the “defendant property”) and is more fully described as follows:

Parcel 1:
Parcel 4 of parcel map No. 14738-1, in the City of Ontario, County of San Bernardino, State of California, as per map on file in Book 186, pages 34 through 37 of parcel maps, in the office of the county recorder of said county, excepting the following described portion of said parcel 4;
Beginning at a point on the westerly boundary of said parcel 4 that bears south 00 degrees 25'52' west, 83.00 feet from the northwesterly corner of said parcel 4:
Thence south 89'34'08' east, parallel with the northerly boundary of said parcel 4, a distance of 7.22 feet;
Thence south 21'56'52' east 171.23 feet to an intersection with said westerly boundary;
Thence north 36'14'14' west along westerly boundary, 46.67 feet to an angle point therein;
Thence continuing along said westerly boundary, north 22'11'28' west, 115.80 feet to an ...

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