Filed: Sep. 24, 2015
Latest Update: Sep. 24, 2015
Summary: PARTIAL CONSENT JUDGMENT OF FORFEITURE AS TO REAL PROPERTY LOCATED ON HIGHWAY 6, HOUSTON, TEXAS 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 defendant real property located on Highway 6 South, Houston, Texas (the "defendant Highway 6 property"), more particularly describ
Summary: PARTIAL CONSENT JUDGMENT OF FORFEITURE AS TO REAL PROPERTY LOCATED ON HIGHWAY 6, HOUSTON, TEXAS 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 defendant real property located on Highway 6 South, Houston, Texas (the "defendant Highway 6 property"), more particularly describe..
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PARTIAL CONSENT JUDGMENT OF FORFEITURE AS TO REAL PROPERTY LOCATED ON HIGHWAY 6, HOUSTON, TEXAS
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 defendant real property located on Highway 6 South, Houston, Texas (the "defendant Highway 6 property"), 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 the Claims to the defendant Highway 6 property 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 defendant Highway 6 property 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' interest in the defendant Highway 6 property, and no other person or entity shall have any right, title or interest therein. The legal description of the defendant Highway 6 property is as follows:
All that certain parcel of land situated in being known as 0.9183 acre (40,000 square feet) out of a forty (40) acre tract of land in the Martin Moran 640 acre survey, Abstract No. 580, in Harris County, Texas, and said tract of land being more particularly described by metes and bounds as follows:
Commencing at the intersection of the northwest corner of the Martin Moran survey, Abstract No. 580, with the original center line of State Highway 6;
Thence south 00 degrees 06 minutes 00 seconds west along the west line of said Martin Moran survey and the original center line of State Highway 6 a distance of 2324.36 feet to a point for corner;
Thence south 89 degrees 41 minutes 00 seconds east a distance of 30.00 feet to the place of beginning of the herein described tract of land, and being the east right-of-way line of State Highway 6 (based on a width of 180.00 feet) from which a found 5/8 inch iron rod bears north 53 degrees 28 minutes 04 seconds east, 1.24 feet;
Thence north 00 degrees 06 minutes 00 seconds east along the east right-of-way line of State Highway 6 and the west line of this tract a distance of 200.00 feet to a 5/8 inch iron rod found for the northwest corner of the herein described tract of land;
Thence south 89 degrees 41 minutes 00 seconds east along the north line of this tract, a distance of 200.00 feet to a 5/8 inch iron rod found for the northeast corner of the herein described tract of land;
Thence south 00 degrees 06 minutes 00 seconds west along the east line of this tract a distance of 200.00 feet to a ½ inch iron rod found for the southeast corner of the herein described tract of land;
Thence north 89 degrees 41 minutes 00 seconds west along the south line of this tract, a distance of 200.00 feet to a 5/8 inch iron rod found for the southwest corner and place of beginning of the herein described tract of land and containing within these calls 40,000.00 square feet or.9183 acre of land. Parcel ID Number: 058-297-000-0126.
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 interpeted as an admission by Claimants of any liability or wrongdoing.
F. The court finds that there was reasonable cause for the institution of these proceesings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.
