United States v. Real Property Located in Temecula

          CONSENT JUDGMENT OF FORFEITURE

          VIRGINIA A. PHILLIPS UNITED STATES DISTRICT JUDGE.

         Plaintiff United States of America (“Plaintiff” or the “government”) and Claimant Maria del Rosario Aguirre (“Claimant”) submitted a stipulated request for the entry of this Consent Judgment of Forfeiture, 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. This Court has jurisdiction over the parties and the subject matter of this action.

2. The defendant real property located in Temecula, California is assigned Assessor's Parcel Number 961-161-023-3. The legal description of the defendant property is:

         The real property in the City of Temecula, County of Riverside, State of California, described as:

Lot 47, of Tract 23063-1, as shown by Map recorded in Book 212, Pages 49 through 58, of Maps, Records of Riverside County, California and amended by Certificate of Correction recorded March 12, 1992 as Instrument No. 86989 of Official Records.

Excepting therefrom, all minerals, oil, gas, petroleum, other hydrocarbon substances in or under or which may be produced from said land which underlies a plane parallel to and 500 feet below the present surface of said land which for the purpose of prospecting for, the exploration, development, production, extraction and taking of said minerals, oil, gas, petroleum, and other hydrocarbon substances from said land by means of mines, wells, derricks or other equipment from surface locations on adjoining or neighboring land or lying outside of the above-described land, it being understood that the owner of such minerals, oil, gas, petroleum, other hydrocarbon substances, as set forth above, shall not have the right to enter upon the surface of the above-described land nor to use any of the said land or any portion thereof above said plane parallel to and 500 feet below the present surface of the said land for any purpose whatsoever. As reserved in the Deed from Broadmoor/Westana/Redhawk Associates, a General Partnership recorded April 27, 1993 as Instrument No. 153340 of Official Records.

3. 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. Claimant filed the only claims and answers, and the time for filing claims and answers has expired. All potential claimants to the defendant real property, other than Claimant are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture.

4. Claimant shall pay the government a total of $50, 000.00 (fifty thousand dollars) within 120 days of the date that this Consent Judgment is entered. This payment shall be in the form of a cashier's check payable to the “United States Marshals Service, ” and shall be delivered to the U.S. Attorney's Office, Asset Forfeiture Section, 312 North Spring Street, 14th Floor, Los Angeles, California 90012. The $50, 000.00 shall be the substitute res for the defendant real property and shall be condemned and forfeited to the United States of America, which shall dispose the funds in accordance with law.

5. Provided that Claimant timely makes the $50, 000.00 payment, Plaintiff shall, within fourteen (14) days of its receipt of the payment, withdraw its lis pendens recorded against the defendant real property.

6. Should Claimant fail to timely make the $50, 000.00 payment, Plaintiff shall have judgment against the defendant real property, and all right, title and interest in the defendant real property shall be condemned and forfeited to the United States of America. Plaintiff shall dispose of the defendant real property in the manner provided by law.

7. Should Claimant fail to timely make the $50, 000.00 payment, any occupants of the defendant real property shall vacate the property and remove any personal property within thirty (30) days of receiving a written notice to vacate from the United States Marshals Service. Claimant and any occupants of the defendant real property shall take all reasonable precautions to prevent any destruction to or diminution in value of the defendant real property and any fixtures thereto. If any such occupants fail to vacate the defendant property and remove personal property in accord with the notice to vacate, the United States Marshals Service may remove any occupants and personal property without further order of the Court.

8. The Court finds that there was reasonable cause for the institution of these proceedings. The consent judgment shall be construed as a certificate of reasonable ...