Filed: Sep. 29, 2015
Latest Update: Sep. 29, 2015
Summary: PARTIAL COSENT JUDGMENT OF FORFEITURE AS TO REAL PROPERTY LOCATED ON ALMEDA ROAD, HOUSTON, TEXAS (I & II) (THIS JUDGMENT IS NOT DISPOSITIVE OF THIS CASE) STEPHEN V. WILSON , District Judge . This action was filed on May 27, 2010. Notice was given and published in accordance with law. Claimants Lemuel Libunao and lucita Uy, both individually and through L & L Funding, Inc, (collectively "Claimants") filed claims to the real properties commonly known as 4701 Almeda Road, Houston, Texas proper
Summary: PARTIAL COSENT JUDGMENT OF FORFEITURE AS TO REAL PROPERTY LOCATED ON ALMEDA ROAD, HOUSTON, TEXAS (I & II) (THIS JUDGMENT IS NOT DISPOSITIVE OF THIS CASE) STEPHEN V. WILSON , District Judge . This action was filed on May 27, 2010. Notice was given and published in accordance with law. Claimants Lemuel Libunao and lucita Uy, both individually and through L & L Funding, Inc, (collectively "Claimants") filed claims to the real properties commonly known as 4701 Almeda Road, Houston, Texas propert..
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PARTIAL COSENT JUDGMENT OF FORFEITURE AS TO REAL PROPERTY LOCATED ON ALMEDA ROAD, HOUSTON, TEXAS (I & II) (THIS JUDGMENT IS NOT DISPOSITIVE OF THIS CASE)
STEPHEN V. WILSON, District Judge.
This action was filed on May 27, 2010. Notice was given and published in accordance with law. Claimants Lemuel Libunao and lucita Uy, both individually and through L & L Funding, Inc, (collectively "Claimants") filed claims to the real properties commonly known as 4701 Almeda Road, Houston, Texas property and 4715 Almeda Road, Houston, Texas (collectively the "defendant Almeda Road properties"), more particularly described below. A claim was also filed by Harris County, Texas (Docket Number 13), which claim is hereby recognized by Plaintiff. Plaintiff and Claimants have reached an agreement that is dispositive of their Claims to the defendant Almeda Road properties in this action.1 The parties have requested that the Court enter this Partial Consent Judgment of Forfeiture.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
A. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties hereto.
B. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. § 981(a)(1)(A) and 31 U.S.C. § 5317(c)(2).
C. Notice of this action has been given in accordance with law. All potential claimants to the interests of the Claimants in the defendant Almeda Road properties other than Claimants and claimant Harris County 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.
D. The United States of America shall have judgment as to Claimants' interests in the defendant Almeda Road properties, subject to the previously recorded interest of Allegiance Bank Texas, and no other person or entity shall have any right, title or interest therein. The legal description of the defendant real property known as 4701 Almeda Road, Houston, Texas is as follows:
All that certain parcel of land situated in being known as lot (1), in block one (1) of Riverside Terrace, first section, an addition in Harris County, Texas, according to the map or plat thereof, as recorded in volume 6, page 64 of the map records of Harris County, Texas. Parcel ID Number: 061-093-000-0001.
The legal description of the defendant real property known as 4715 Almeda Road, Houston, Texas is as follows:
All that certain parcel of land situated in being known as a tract or parcel of land containing 0.227 acres being out of land a part of an original parent tract and being out of lot 35 and a part of lot 36, block 1, of Riverside Terrace addition, section 1 to the City of Houston, Harris County, Texas, according to the map or plat thereof, recorded in volume 6, page 64, of Harris County map records, said 0.227 acre tract being more particularly described by metes and bounds as follows to-wit:
Beginning at a nail set marking the southwest corner of lot 36 and also marking the intersection of the easterly right-of-way line of Almeda Road with the north right-of-way the line of Wentworth Avenue (60.00 foot right-of-way);
Thence south 54 deg. 43 min. 00 sec. east with the northeast right-of-way line of Wentworth Avenue, a distance of 92.73 feet to a 3/8 inch iron rod found for corner;
Thence north 09 deg. 00 min. 20 sec east with the easterly boundary line of a remainder 0.2242 acre tract severed from said parent tract crossing over lots 35 and 36, a distance off 133.83 feet to an "X" set in the northeasterly boundary of said lot 36 and in the southwesterly right-of-way line of a 10.00 foot alley;
Thence north 54 deg. 43 min. 00 sec. west with the southwesterly right-of-way line of said alley, a distance of 72.34 feet to an "X" found for corner;
Thence south 17 deg. 20 min. 34 sec. west, a distance of 126.12 of the point of beginning and containing 0.227 acres of land, more or less. Parcel ID Number: 061-093-000-0036
E. Claimants have released the United States of America, its agencies, agents, and officers, including employees and agents of the Drug Enforcement Agency and the Internal Revenue Service, from any and all claims, actions or liabilities arising out of or related to this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of the claimants, whether pursuant to 28 U.S.C. § 2465 or otherwise. Nothing in this consent judgment is intended as, nor should anything in this consent judgment be interpreted as an admission by Clainants of any liability or wrongdoing.
F. The court findss that there was reasonble cause for the institution if these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
