United States v. 46773 Silver Fir St.

Full title: UNITED STATES OF AMERICA, Plaintiff, v. 46773 SILVER FIR STREET, PARKER…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 3, 2013

Civil Action No. 12-cv-01474-JLK-MJW (D. Colo. Apr. 3, 2013)

Opinion

Civil Action No. 12-cv-01474-JLK-MJW

04-03-2013

UNITED STATES OF AMERICA, Plaintiff, v. 46773 SILVER FIR STREET, PARKER, COLORADO, Defendant.

JOHN L. KANE

FINAL ORDER OF FORFEITURE

THIS MATTER is before the Court on the United States' Unopposed Motion for Final Order of Forfeiture (doc. #23), filed April 3, 2013. The Motion is GRANTED. The Court FINDS:

THAT the United States commenced this action in rem pursuant to 21 U.S.C. § 881;

THAT all known parties have been provided with an opportunity to respond and that publication has been effected as required by Supplemental Rule G(4);

THAT the United States and claimant North Pines Metropolitan District and lienholder US Bank have reached settlements in this case, and have filed Settlement Agreements with the Court resolving all issues in dispute;

THAT default as to Kyle Abt was entered;

THAT no other claims to defendant property have been filed;

THAT forfeiture of defendant 46773 Silver Fir Street Parker, Colorado, more particularly described as: Lot 60, Sky Rim (Amendment No. 2), recorded April 6, 2001, in Book 11 at Page 89, Reception No. 402228, County of Elbert, State of Colorado shall enter in favor of the United States;

THAT it further appears there is cause to issue a forfeiture order under 21 U.S.C. § 881.

NOW, THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED:

THAT forfeiture of 46773 Silver Fir Street Parker, Colorado, more particularly described as: Lot 60, Sky Rim (Amendment No. 2), recorded April 6, 2001, in Book 11 at Page 89, Reception No. 402228, County of Elbert, State of Colorado shall enter in favor of the United States;

THAT the United States shall have full and legal title to the defendant property, and may dispose of it in accordance with law and in accordance with the terms and provisions of the parties' Settlement Agreements;

THAT the Clerk of Court is directed to enter Judgment; and

THAT a Certificate of Reasonable Cause, which this Order constitutes, is granted as to all defendant property pursuant to 28 U.S.C. § 2465.

BY THE COURT:

____________________

JOHN L. KANE

U.S. District Court Senior Judge