United States of America v. Real Property Known and Numbered as 6321 Taylor Road, Franklin County, Blacklick, Ohio, With All Improvements, Appurtenances, and Attachments Thereon

Filing 11

DEFAULT JUDGMENT AND DECREE OF FORFEITURE. Signed by Judge Algenon L. Marbley on 03/23/2009. (west1, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION : : Plaintiff, : : -v.: : REAL PROPERTY KNOWN AND NUMBERED: AS 6321 TAYLOR ROAD, FRANKLIN : COUNTY, BLACKLICK, OHIO, WITH : ALL IMPROVEMENTS, APPURTENANCES,: AND ATTACHMENTS THEREON, : (Recorded Owner: Joseph A. : Morrone, Successor Trustee of : the Michael W. Bletz Trust) : : Defendant. : United States of America, Civil Action No. C-2-08-842 JUDGE MARBLEY Magistrate Judge Kemp DEFAULT JUDGMENT AND DECREE OF FORFEITURE This cause came before the Court on Plaintiff's Motion for Default Judgment and Decree of Forfeiture. After a thorough review of the record, the Court finds: 1. That on September 4, 2008, Plaintiff, the United States of America, filed a Verified Complaint alleging that the Defendant Property was used to facilitate the commission of violations of 21 U.S.C. §§841(a)(1) and 846, said violation(s) being: possession with intent to distribute controlled substances, distributing controlled substances, and conspiring to do the same, and is therefore forfeitable pursuant to 21 U.S.C. §881(a)(7); 2. statement That the aforementioned Complaint contained a verified that established probable cause to believe the allegations set forth in said Complaint; 3. That process was duly issued herein and returned according to law; 4. That notice of the forfeiture of the Defendant Property was given according to law; 5. That Joseph A. Morrone, Trustee of the Michael W. Bletz Trust, was the only party known to the United States to have any interest in the Defendant Property. That he and any other claimants have failed to come forward to timely file herein any claim or other pleading within the time fixed by law; 6. That the allegations of the Verified Complaint are taken as admitted; and 7. That this Court has jurisdiction pursuant to 28 U.S.C. §§1345 and 1355. NOW THEREFORE, based upon the above findings, and the Court being otherwise fully advised in the matter; it hereby: ORDERED, ADJUDGED AND DECREED: 1. That said Defendant Property, was used to facilitate the commission of violations of 21 U.S.C. §§841(a)(1) and 846, said violation(s) being: possession with intent to distribute controlled substances, distributing controlled substances, and conspiring to do the same, and is therefore forfeitable to the United States of America pursuant to 21 U.S.C. §881(a)(7), and that the Defendant Property, described as: 2 Real Property known and numbered as 6321 Taylor Road, Franklin County, Blacklick, Ohio, with all improvements, appurtenances, and attachments thereon, legally described as: Situated in the State of Ohio, County of Franklin, and Township of Jefferson: Being in the north part of Lot 20, Quarter Township 3, Township 1, Range 16, of the United States Military Lands, and further described as follows: Being part of the original Mary J. Clark 13.093 acre tract (Deed Book 2614, page 614) and beginning at an iron pin at the southeasterly corner of the R.D. Longstreth O.971 acre tract (Deed Book 2627, page 431); thence along the westerly line of the Evan 13.307 acre tract, South 1373 feet to the southeasterly corner of Mary J. Clark tract; thence North 89 deg. 14' West, 123.7 feet to an iron pipe; thence North 1 deg. 54' West, 41.4 feet to an iron pipe; thence North 88 deg. 42' West, 76.4 feet to an iron pipe; thence North 687.43 feet to an iron pipe at a corner of a shed; thence North 21 deg. 06' East, 214.9 feet to an iron pipe; thence North 6 deg. 14' West, (passing an iron pipe at 801.82 feet), 832.03 feet to a point in the centerline of Taylor Road; thence along said centerline, South 89 deg. 32' East, 25.17 feet; thence South 6 deg. 14' East (passing an iron pipe at 30.21 feet) 387.67 feet to an iron pipe; thence south 89 deg. 32' East, (passing the southwesterly corner of the above mentioned R.D. Longstreth 0.971 acre tract at 37.08 feet) 147.08 feet to the place of beginning, containing 5.776 acres more or less. LESS AND EXCEPTING THEREFROM THE FOLLOWING: Situated in the State of Ohio, County of Franklin, City of Gahanna, being located in Lot 20 of Quarter Township 3, Township 1, Range 16, United States Military Lands and being part of the 5.734 acre tract conveyed to Randy L. Imes by deed of record in Official Record Volume 12160I03, all references being to records in this Recorder's Office, Franklin County, Ohio and bounded and described as follows: 3 Beginning at a point in the centerline of Taylor Road, at the northwesterly corner of said Randy L. Imes 5.734 acre tract, the northeasterly corner of the Robert A. Rowe 5.871 acre tract, of record in Deed Book 3312, page 49, said point also being located North 89 deg. 32'00" West, a distance of 879.20 feet from Franklin County Monument FCGS 5518 located in the centerline of Taylor Road; thence South 6 deg. 14' 00" East, along the westerly line of said R.D. and B.D. Longstreth 0.514 acre tract, a distance of 40.27 feet to a point; thence North 89 deg. 32' 00" West, crossing the Randy L. Imes 5.734 acre tract, a distance of 30.21 feet to a point in the easterly line of the Robert A. Rowe 5.871 acre tract; thence North 6 deg. 14' 00" West, along said easterly line of the Robert A. Rowe 5.871 acre tract, a distance of 40.27 feet to the point of beginning, containing 0.028 acre, more or less. Subject, however to all legal rights of ways and/or easements, if any, of previous record. Bearings contained herein are based on the same meridian as the centerline of Taylor Road (South 89 deg. 32' 00" East), of record in Official Record Volume 260B10. Parcel Numbers: 025-010848-80 and 025-010848-90 Previous Instrument Number 200011070226385 is hereby FORFEITED to the United States of America pursuant to 21 U.S.C. §881(a)(7). 2. That all other claims and interest in and to said Defendant Property are forever closed and barred; that no right, title, or interest in the Defendant Property shall exist in any party other than the United States of America. 4 3. That the United States Marshals Service shall dispose of the forfeited property as provided by law. IT IS SO ORDERED this 23rd day of March , 2009. s/Algenon L. Marbley HONORABLE JUDGE ALGENON L. MARBLEY UNITED STATES DISTRICT COURT JUDGE 5

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