CAUSE NO. I fl THE STATE OF TEXAS IN THE DISTRICT COURT 9? vs. 266? JUDICIAL DISTRICT 20.53 ACRES OF LAND AND ERATH COUNTY, TEXAS IMPROVEMENTS LOCATED IN ERATH COUNTY, 21.76 ACRES OF LAND AND IMPROVEMENTS LOCATED IN ERATH COUNTY, 19.08 ACRES OF LAND AND IMPROVEMENTS LOCATED IN ERATH COUNTY, TEXAS ORIGINAL NOTICE OF SEIZURE AND INTENDED FORFEITURE TO THE HONORABLE DISTRICT COURT: COMES NOW, the State of Texas (?Petitioner?) by and through her District Attorney for Erath County, Texas, and ?les this Notice of Seizure and Intended Forfeiture of three (3) tracts of land of 20.58 acres, 21.76 acres and 19.08 acres in Erath County, Texas, together with all improvements thereon, and alleges the following: I. This proceeding is brought under and by Virtue of Chapter 59 of the Texas Code of Criminal Procedure. Petitioner alleges that discovery is intended to be conducted under Level 2 of Rule 190.3 of the Texas Rules of Civil Procedure. 11. Jurisdiction is conferred upon this Court by virtue of Article V, Section 8 of the Texas Constitution and Article 59.04 of the Code of Criminal Procedure. Petitioner complains of OMAR LOPEZ, hereinafter referred to as RESPONDENT as possessor and owner of said acreage. The legal descriptions of said property are attached hereto as Exhibits 1, 2 and 3. IV. Petitioner would Show that said real property and all improvements are contraband as de?ned by Article 59.01 of the Code of Criminal Procedure. Said property was seized on July 17, 2015, pursuant to a search warrant. Petitioner would Show that said property is contraband subject to forfeiture because it was used or intended to be used in the commission of a felony under Chapter 481, Health and Safety Code. V. Petitioner would show that, as to the real property which is the subject of this suit, a search of the deed records of Erath County, Texas reveals that OMAR LOPEZ, RESPONDENT herein, is the owner of said real property. Petitioner would further show that OMAR LOPEZ RESPONDENT #1 is the possessor of said property. Search of the deed records of Erath County, Texas reveals that the following persons may have interests in the said properties: 3 Consolidated Rural Properties, Ltd. Creekside Rural Investments, Inc., Registered Agent 1500 Log Cabin Road Mertzon, TX 76941 Jay Dickens 1500 Log Cabin Road Mertzon, TX 76941 Dana Dickens 1500 Log Cabin Road Mertzon, TX 76941 First State Bank Central Texas Loan Operations PO. Box 6136 Temple, TX 76503-6136 VI. Petitioner requests that a certi?ed copy of this notice be served upon RESPONDENT OMAR LOPEZ, at 1201 Broad Moore, Apt. 108, Austin, Texas. Petitioner further requests that notice be served on the persons listed in Paragraph V. by certi?ed mail, return receipt requested. VII. A true and correct copy of a sworn statement of a peace of?cer substantially complying with Code of Criminal Procedure, Art. 59.03 is attached as Exhibit 4. WHEREFORE, PREMISES CONSIDERED, the State of Texas prays that upon hearing, the Court enter a ?nding that the said property and its improvements are contraband, and upon such ?nding to order the forfeiture of said property to the State of Texas with the Erth County District Attorney?s Of?ce acting as agent for the State, and then to be administered and disposed of by said of?ce in compliance with Article 59.06 of the Code of Criminal Procedure. Respectfully submitted, ~714 - M. ALAN NASH District Attorney Erath County, Texas Tel: (254) 965-1462 Fax: (254) 965?5543 State Bar No. 24027680 Attorney for Petitioner AUG 18 2015 - cult aimrcr own? mm Kenneth D. Leatherwood Registered Professional Land Surveyor 384 PR 829 Phone 254 968 5539 Stephenville, Texas 76401 Fax 254 968 6960 Land Description State of Texas: County of Erath: Tract Eight: All that certain 20.58 acre tract of land in the John Hamilton Survey A - 368, in Erath County, Texas, being part of that certain 163.24 acre tract described in deed from Ledle, Inc. to Consolidated Rural Properties. dated September 25, 2008, and recorded in volume 140, page 265 of the deed records of Erath County, Texas and described as follows: Beginning at capped 318 iron rod found at the northeast corner of the said 163.24 acre tract, the northwest corner of a 2.94 acre tract described in deed from Sam Thompson, ct to: to Jerry L. Magee, et ux, dated February 23, 1968, and recorded in volume 423, page 264 of the deed records of ?5th County, Texas, and in the south right of way of State Highway No. 6, for the northeast corner of this tract, from which a 3" pipe fence comer post bears 78? 03? 14? E, 3.21?: Thence along the east line of the said 163.50 acre tract and the west line of the said 2.94 acre tract as follows: 8 08? 22? 14" W. 223.62? to a capped iron rod found for a corner of the said 2-94 acre tract and the said 163.24 acre tract and in the old bed of the Railroad: 14? 24? 11? W, 61.97? to a capped 378 iron rod found for a comer ofthe said 163.24 acre tract and the southwest corner of the said 2.94 acre tract: 75? 36' 56" E, generally along a fence line, 300.46? to a 38 iron rod found in a fence comer post in the south line of the said 2.94 acre tract, for a northeast corner of the said 163.24 acre tract and the northwest corner ofa 445.14 acre tract described in deed from Estle G. Ammons. et in: to the Rebekah L. Simmons Trust No. 2, dated April 4, 1972, and recorded in volume 473, page 88 of the deed records of Erath County, Texas: Thence 11? 54? 37" W, along the east line of the said 163.50 acre tract and the west line of the said 445.14 acre tract, 89.03' to a point in the centerline of Green Creek, for a southeast corner of this tract: Thence upstream with the meanderings of Green Creek as follows: 79? 27? 54" W. 185.79?: 76? 50? 39? 15?47? 02" W, 107.13?: 42? 35? 23" W, 126.64?: 85? 40? 36? W, 245.37?: 37? 28? 58" W, 73.24': 51? 12? 35? W, 299.87?: 36? 41 58? W, 220.25?: And 86? 56? 12" W, 161.98? to the southwest corner of this tract: Thence 15? 33? 49? E, crossing the said 163.24 acre tract, at 139.83? pass a capped 378 iron rod set, a total of 1234.97' to a 3" pipe post in the curved south right of way of State Highway No. 6, for the northwest corner of this tract: Thence along the south right of way of State Highway No. 6 as follows: Along a curve to the le?, radius 2914.96?, long chord 72? 58' 13" B, 187.93?, an arc distance of 187.16? to a concrete monument at the end of said curve635.72' to the point of beginning and containing 20.58 acres of land. 1. Kenneth D. essional Land Surveyor No. 5531, of the State of Texas, certify that these ?eld notes and accompanying plat are correct to the best of my knowledge and represent a survey made on the ground by me personally on 7 October 2008. EXHIBIT 1 Kenneth D. Leatherwood Registered Professional Land Surveyor 384 PR 329 Phone 254 968 5539 Stephenville, Texas 7640] Fax 254 968 6960 Land Description State of Texas: County of Erath: Tract One: All that certain 21.76 acre tract of land in the John Beldin Survey, A 45, in Erath County, Texas, being part of that certain 163.24 acre tract described in deed from Ledle, Inc. to Consolidated Rural Properties. dated September 25, 2008, and recorded in volume 140. page 265 of the deed records of Erath County. Texas and described as follows: Beginning at a capped 338 iron rod set in the south right of way of State Highway No. 6. for the northwest corner of the said 163 .24 acre tract, the northeast corner of a tract described in deed from Francis D. Carter to Amie Moellcr, et ux, dated April 18, 2005, and recorded in volume 1220, page 839 of the deed records of Erath County, Texas, for the northwest corner of this tract, from which the southeast corner of the John Beldin Survey and the northeast corner of the John Hamilton Survey bettrs per deed 77? 09? 33? E, 214.91?, 59? 53? 05? E. 3365.84?, 30? 20? 00" E, 2189.28', 63? 08? E. 1555': Thence 72? 03? 12" E, along the soth right of way of State Highway No. 6, 3 l6.65? to a 3? pipe post at the northwest corner of a roadside park 0.231 acre tract described in deed to the State of Texas in volume 4 I 3, page 556 of the deed records of Erath County. Texas for a corner of this tract: Thence 19? 49' 15? E, along the west line of the said roadside park, 9533? to a 38 iron rod found for a corner of this tract: Thence 56? 10' 14" E, along the south line ofthe said roadside park, 93.34? to a PK nail found in the concrete base of a 3" pipe post at the southeast corner of the said 0.231 acre tract and the southwest corner of a 0.918 acre tract described in deed to the State of Texas in volume 401, page 105 of the deed records of Erth County, Texas for a corner of this tract: Thence 72? 05? 42" E, along the south line of the said 0.918 acre tract, 200.00? to the northeast corner of this tract: Thence 08? 03? 49? W, crossing the said ?53.24 acre tract, at 0.63? pass a capped 318 iron rod set. at 1174.80? pass a capped iron rod set on the north bank of Greens Creek, in all 1299.82? to the southeast comer of this tract in the center of Greens Creek in the south line of the said 163.24 acre tract and in the north line of a 1.99 acre tract described in deed from Leslie Dowdy to Lowell R. Lowery, et ux, dated July 21, 1976, and recorded in volume 538, page 1199 of the deed records of Erath County. Texas. for the southeast corner of this tract: Thence along the center of Greens Creek and the south line of the said ?53.24 acre tract as follows: 83? 26? 29" W, 332.54?: And 85? 03? 03? W, 260.85? to the southwest corner of the said 163.24 acre tract, in the cast line of the said 92.45 acre tract, for the southwest corner of this tract: Thence along the east line of the said 92.45 tract and the west line of the said 163.24 acre tract as follows: 27? 13? 05" W, departing Green Creek, l06.87' to a spike set in a 48? Burr Oak: 17? 13? 51? E, 98.26? to a capped 3ft! iron rod: 05? 16' 56? E, 277.34? to a capped 3/8 iron rod found at the base of a cutoff tree in a rock wall: 07? 22? 25" B, 286.62? to a capped 3/8 iron rod found: 09? 13? 32? E, crossing the old M.K.T. Railroad bed, ?255? to a 3" pipe post: 06? 59? 40" E. along a fence, 453.70? to a 3" pipe post: And 09? 18? 37? E, partly along a fence, 341.94? to the point of beginning and containing 21.76 acres of land. I. I, Kenneth D. Leatherwood, Registered Professional Land Surveyor No. 552?, of the State of Texas, certify that these ?eld notes and accompanying plat are correct to the best of my knowledge and represent a survey made on the ground by me personally on 4 June 2003. EXHIBIT 2 Kenneth D. leatherwood Registered Professional Land Surveyor 384 PR 829 Phone 254 968 5539 Stephenvilic, Texas 76401 Fax 254 968 6960 Land Description State of Texas: County of Erath: Tract Two: All that certain 19.08 acre tract ofiand in the John Beldin Survey. A ?45. in Erath County. Texas, being part of that certain I63 .24 acre tract described in deed from Ledlc. inc. to Consolidated Rural Properties. dated September 25. 2008. and recorded in volume 140. page 265 of the deed records of Erath County. Texas and described as follows: Commencing at a capped 3/8 iron rod set in the south right of way of State Highway No. 6, Indthe northwest corner of the said 163.24 acre tract. the northeast corner of a tract described in deed from Francis B. Carter to Arnie Moeller. at ux. dated April 18. 2005. and recorded in volume 1220. page 839 of the deed records of Bath Counry. Texas, for the northwest corner of this tract. from which the southeast corner of the John Beldin Survey and the northeast corner ofthe John Hamilton Survey bears per deed 77? 09? 33" E. 2 I4.9i'. 59" 53' 05" E. 3365.34'. 5 30? 20' 00? E. 2189.23'. 63? 08' E. 1555': Thence 72" 03' 12" E, along the south right of way of State Highway No. 6. 316.65? to a 3? pipe post at the northwest corner of a roadside park 0.231 acre tract described in deed to the State of Texas in volume 413. page 556 of the deed records of Erath County. Texas: Thence 19? 49' E. along the west line ofthe said roadside park. 95.33? toa 31'8 iron rod found: Thence 56? 10' 1-1? B. along the south line ofthe said roadside park. 93.34? to :1 PK nail found in the concrete base of a 3? pipe post at the southeast corner ofthe said 0.231 acre tract and the sorlhwest corner ol'a 0.9[8 acre tract described in deed to the State ochxas in volume 401. page 105 ofthe deed records of Bath County. Texas: Thence 72? 05? 42" E. along the soth line of the said 0.913 acre tract. 200.00? to the northwest corner and true Point of Beginning of this tract: Thence 72? 05? 43" E. continuing along the south line ofthe said 0.918 acre tract. 200.09' toa 3/8 iron rod found at the southeast corner ofthe said 0.918 acre tract and the southwest corner ofa 0.172 acre tract described in deed to the State of Texas in volume 4I3. page 556 of the deed records of Erath Camry. Texas, for a corner of this tract: ThenceN 74? E. alongtheeast line ofthe said0.l72acren1ct, taljl?toacappedlill'ronrod found in the south right ofway line of State Highway No. 6. forthe northeast cotrterofthe saidOJ'n acre tractand a corner ofthis tract: Thence 72" 03? 12" E. along the south line ofthe State Highway No. 6. 522.13? to a capped an iron rod set for the northeast corner of this tract: Thence 27? 33? 19" W. crossing the said 163.24 acre tract. at 153.47? pass a capped 32?8 iron rod set on the north bank of'Greens Creek. in all 1192.41" to the southeast corner ofthis tract in the center ofGreens Creek and the south line ofthe said 163.24 acre tract; Thence 83? 26? 29? W. along the center of Greens Creek. 495.54' to the southwest corner of this tract: Thence 08? 03' 49" E, aossingthe said I63.24 acre tract. at 125.02? pass a capped 3:1; iron rod set on the north bank of Greens Creek. in all 1299.82' to try: of beginning and containing 19.08 acres of land. I. Kenneth D- leadterwood. Regist Profession-i Surveyor No. 5531. of the State of Texas. certify thatthese ?eld notesand are correctto the best ofmy lotowledgeandrepresentasurvey made on the ground by me personally on 7 October 2008. - Jul-u?. "Pl-t - Jp? .. . SEIZURE AFFIDA THE STATE OF TEXAS COUNTY OF ERATH Before me, the undersigned authority, personally appeared Cameron Ray, who being duly sworn, deposed as follows: My name is Cameron Ray. I am a certi?ed peace officer under the laws of the State of Texas. I am an Sergeant Investigator with the Erath County Sheriff?s Office in Stephenviile, Erath County, Texas I am over the age of eighteen (18) and of sound mind, have personal knowledge of the facts asserted below and am competent to testify to those facts. On 07/10/15 Texas Department of Public Safety. Criminal investigation Division, Special Agent Chris Dale accompanied Drug Enforcement Administration (DEA) pilot Kenny Powers, and a DEA Tactical Flight officer Matt McCord on an aerial surveillance ?ight over suspect outdoor Marihuana grows in Southern Erath County, Texas. During the aerial surveillance Agent Dale observed rows of corn crops that appeared to look different than those observed in neighboring ?elds and after further inspection Agent Dale believed that two suspected places were concealing an active illegal operation of cultivated marijuana plants within two corn fields located in Southern Erath County. On 07/15/2015, Special Agent Dale participated in a second aerial surveillance flight with DPS Pilot TJ Mcquagge and Tactical Flight Of?cer Gil Martinez over the suspected places to further inspect the abnormalities observed in rows of the crops. A high altitude surveillance camera was utilized during the second flight and Agent Dale was able to con?rm that the irregular patterns in the rows of crops were indeed marijuana plants. Agent Dale also observed what appeared to be three (3) unknown males walking in and around the area of the suspected place where your affiant observed suspected marijuana plants. Agent Dale found that the property contained numerous cultivated rows of what Agent Dale recognize through his training and experience to be Marihuana plants. Each plant was in an individual area that has been cleared of debris and appears to be concealed between rows of corn crops. The Marihuana plants did not resemble the corn crop vegetation and have a distinct emerald green color consistent to Marijuana plants. Special Agent Dale observed that some of the Marihuana plants had a visible discoloration of the top soil dirt directly around the Marihuana plants that indicated extensive watering of the Marihuana plant. The Marihuana grow locations were in a remote area, and is shielded from view from the roadway by trees and tall plant vegetation. It is apparent that the caretakers of these Marihuana plants appeared to have gone to great measures to utilize this location to ensure that the operation was not discovered or compromised On July 17, 2015, Sergeant Cameron Ray assisted with DPS Investigators with the search of the active Marijuana Cultivation Operation in Erath County on private property located at (32.037467, -98.103247) and (32.037467, -98.13399). EXHIBIT 4 During the assist with DPS investigators the said property was found to be adjacent to "Greens" Creek which was utilized to assist with illegally growing of Marijuana. Investigators determined the purpose of the said property was used illegally grow and maintain the approximate ?ve thousand eight hundred and ?fty-two Marihuana plants (5852 Marihuana plants) discovered on 07117715. Sergeant Cameron Ray has reason to believe the said property seized from this location was utilized to illegally grow Marijuana. Therefore Sergeant Ray seized the property. The property seized is listed on Schedule which is attached to this af?davit. Based upon the forgoing, and based further upon my training and experience in law enforcement and criminal investigation, it is my belief the property described in Schedule constitutes contraband under Chapter 59 of the Texas Code of Criminal Procedures. Accordingly, I wish to seize the above described property in accordance with and pursuant to Chapter 59 of the Texas Code of Criminal Procedures. drwr?/z A?hnt' Sworn and subscribed before 2015. ?at/5% NOTARY 0 BEATY Notary Public STATE or TEXAS MyComrn. Em. 3t], 2016 SCHEDULE SEIZED PROPERTY 20.58 acres of land out of the John Hamilton Survey, A368, Tract 8, Erath County, Texas 21.76 acres of land out of John Beldin Suvey, A45, Tract 1, Erath County, Texas 19.08 acres of land out of John Beldin Survey, A45, Tract 2, Erath County, Texas