Opinion
Case No. C 01-4109 EDL.
March 12, 2003
KEVIN V. RYAN, United States Attorney, CHARLES B. BURCH, Chief, Criminal Division, ROBERT D. WARD, Assistant United States Attorney, San Francisco, CA; Attorneys for Plaintiff.
RORY A. HANSON, ESQ., Attorney for Claimant Brenden Lewis.
ELAINE PROFANT TURNER, ESQ., Attorney for Claimant Robbin L. Lewis.
SETTLEMENT STIPULATION AND FINAL ORDER OF FORFEITURE
STIPULATION
In resolution of all claims and disputes herein, the United States of America and the Claimants, Brenden Lewis and Robbin L. Lewis, hereby stipulate and agree as follows:
1. Sufficient evidence exists to support forfeiture of the defendant parcels of real property as alleged in the Complaint for Forfeiture.
2. The defendant property described as Humboldt County Assessor's Parcel Numbers 214-142-08 and 214-142-09, and further described in Exhibit A, attached hereto, shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(7).
3. The claimants will furnish to the United States Attorneys Office, on or before 12:00 p.m. on April 4, 2003, a cashiers check in the amount of $50,000 payable to the United States Treasury. The said $50,000 shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(A) in lieu of forfeiture against the defendant property at 2600 Tawndale Lane, Hydesville, California.
4. Upon receipt of said check and deposit of same, the United States will dismiss the forfeiture complaint and release the previously filed lis pendens against the real property at 2600 Tawndale Lane, Hydesville, California.
5. If, by 12:00 p.m., April 4, 2003, the claimants have not furnished to the United States Attorneys Office said cashiers check, then the defendant real property at 2600 Tawndale Lane, Hydesville, California shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(A).
ORDER
IT IS SO ORDERED. Based upon the above Stipulation and all pleadings herein, the Court finds that sufficient evidence exists to support forfeiture of the defendant parcels of real property as alleged in the Complaint for Forfeiture. Therefore, IT IS HEREBY ORDERED THAT
1. The defendant real property described as Humboldt County Assessor's Parcel Numbers 214-142-08 and 214-142-09, and further described in Exhibit A, attached hereto, shall be and hereby is forfeited to the United States pursuant to 21 U.S.C. § 881(a)(7). All right, title and interest in said property is hereby vested in the United States of America. All other claims to said property are hereby barred forever. The Internal Revenue Service shall dispose of the forfeited real property according to law.
2. The claimants shall deliver to the United States Attorneys Office on or before 12:00 p.m. on April 4, 2003, a cashiers check in the amount of $50,000 payable to the United States Treasury. Said $50,000 shall be and hereby is ordered forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(A). The Internal Revenue Service shall dispose of the forfeited $50,000 according to law.
3. Upon receipt and deposit of said $50,000 cashiers check, the United States shall dismiss the Complaint for Forfeiture against the real property at 2600 Tawndale Lane, Hydesville, California and release the lis pendens filed against said property.
4. If the $50,000 cashiers check has not been received by the United States by 12:00 p.m. April 4, 2003, the defendant Tawndale real property, further described in Exhibit B, attached hereto, shall be and hereby is ordered forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(A). The Internal Revenue Service shall dispose of the forfeited real property according to law.
EXHIBIT A
That real property situate in the County of Humboldt, State of California, described as follows:PARCEL ONE:
The Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of Section 25, Township 3 South, Range 3 East, Humboldt Meridian, as contained in the Patent recorded in Book 17 of Patents, page 259, Humboldt County Records.
PARCEL TWO:
A non-exclusive easement for ingress and egress and underground public utilities over those existing roads 50 feet in width, the centerlines of which are shown on the Record of Survey recorded in Book 43, pages 67-73, Humboldt County Records, as Courses 1-91, 510-516.
EXHIBIT B
That real property situated in the County of Humboldt, State of California, described as follows;
PARCEL ONE
Parcel 1, as shown on Parcel Map No. 2609, filed in the Office of the Humboldt County Recorder, in Book 23 of Parcel Maps, Pages 95 and 96.
EXCEPTING THEREFROM an undivided 1/6th interest in and to all of the oil, gas and minerals of whatsoever kind or nature in and under said Parcel One. being the same as reserved in the Deed dated January 10, 1968, executed by Jasper A. Anderson and Clovel June Anderson, husband and wife, to Thomas Edward McCorkendale and wife and recorded September 3, 1968, in Book 973 of Official Records at Page 493.
ALSO EXCEPTING THEREFROM all remaining oil, gas and minerals of whatsoever kind or nature in and under said land.
PARCEL TWO
A non-exclusive right of way for ingress, egress and public utilities over a strip of land described as follows:
BEGINNING at the Southwest corner of Parcel One, as shown on Parcel Map No. 9, filed in the Office of the Humboldt County Recorder, in Book 1 of Parcel Maps, Page 21; and running
thence North 89 degrees 46 minutes 25 seconds West, along the Southerly line of the Parcel of land conveyed to Neilo Niemi and wife, by Deed recorded October 5, 1964, in Book 807 of Official Records, Page 272, under Recorder's File No. 17006, Humboldt County Records, 621.5 feet;
thence South 50 feet to the South line of the Northeast Quarter of Section 17, Township 2 North, Range 1 East, Humboldt Meridian;
thence South 89 degrees 46 minutes 25 seconds East along the Quarter Section line, 1007.00 feet;
thence North 00 degrees 20 minutes East, 354.6 feet to the Southeasterly line of Parcel One, as shown on said Parcel Map No. 9;
thence South 62 degrees 37 minutes 40 seconds West along the Southeasterly line of said Parcel One, 56.3 feet;
thence South 00 degrees 20 minutes West, 278.5 feet;
thence North 89 degrees 46 minutes 25 seconds West, along the Southerly line of said Parcel One, 284.38 feet;
thence North 11 degrees 41 minutes West, 216.95 feet;
thence North 12 degrees 51 minutes East, 124.0 feet, more or less, to the South line of said Parcel One above described;
thence West along the South line of said Parcel One, 50 feet to the Westerly Line of Parcel 1, as shown on Parcel Map No. 9, previously referred to;
thence South 12 degrees 51 minutes West, 124.0 feet;
thence South 11 degrees 41. minutes East, 216.95 feet to the point of beginning.
BEING the same as reserved from Tract "F", in the Agreement dared July 14, 1967, by and between Jasper A. Anderson and wife and John B. McCorkendale and wife and recorded July 25, 1967, in Book 929 of Official Records at Page 258, under Recorder's File No. 10490, Humboldt County Records, and as granted under Tract "D" in the Deed from Jasper A. Anderson and wife to Thomas Edward McCorkendale and wife, recorded September 3, 1968, in Book 973 of Official Records at Page 493, under Recorder's File No. 12987, Humboldt County Records.
PARCEL THREE
A non-exclusive easement for ingress, egress and public utilities over that portion of Tawnendale Lane, as shown on Parcel Map No. 2609, referred to in Parcel One above, which lies Westerly of the Southerly extension of the Easterly line of Parcel 1, as shown on said Parcel Map No. 2609.