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United States v. Real Property Located in Temecula
United States District Court, C.D. California, Eastern Division
December 19, 2019
UNITED STATES OF AMERICA, Plaintiff,
REAL PROPERTY LOCATED IN TEMECULA, CALIFORNIA, Defendant. MARIA DEL ROSARIO AGUIRRE, Claimant.
CONSENT JUDGMENT OF FORFEITURE
VIRGINIA A. PHILLIPS UNITED STATES DISTRICT JUDGE.
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.
Court, having considered the stipulation of the parties, and
good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND
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
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
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 ...
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