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CITY OF DALLAS, Plaintiff, v. CCC&RTRESARBOLES,L.L.C. Defendant. $ $ $ $ $ $ $ $

DALLAS COUNTY.TEXAS

CITY'S ORIGINAL PETITION, REQUEST FOR TEMPORARY AND MOTION TO APPOTNTRECETVER, PERMANENT TNJIINCTTONS, AND REQIIEST FOR EXPEDITED TRIAL SETTING REQT]ESTFOR DISCLOSURB, TO TI{E HONORABLEJUDGEOF SAID COURT: for The City of Dallas ("City"; files this its Original Petition,Request Temporaryand and Request for for Injunctions,Motion to Appoint Receiver,Request Disclosure, Permanent CCC&R Tres Arboles,L.L.C. ("Tres Arboles")and ExpeditedTrial Setting("Petition") against showthe Court asfollows: in supportof which would respectfully r. DrscovERy 1. coNTRoL PLAN AND REQUEST FOR DISCLOSURE

underLevel 2 of Rule 190of the TexasRulesof Discoveryis intendedto be conducted

Civil Procedure. 2. within fifty (50) daysof serviceof that The City herebyrequests Tres Arbolesdisclose,

in the this request, informationor materialdescribed Rule 194.2of the TexasRules of Civil Procedure. II. PARTIES 3. mainly situated DallasCounty,Texas, in The City is a homerule municipalcorporation

underthe lawsof the Stateof Texas. and incorporated operating 4. in doingbusiness andowningreal property TresArboles,is a limited liability corporation

Request Motion to AppointReceiver, Injunctions, and for City's OriginalPetition,Request Temporary Permanent PageI of6 Trial Setting for and for Disclosure, Request Expedited Citv of Dallasv. CCC&R TresArboles,L.L.C.

with citationthroughits registered in the City of Dallas,DallasCounty,Texasandmaybe served Texas75082' Road,Suite140,Richardson, GregoryB. Fell at3021E.Renner agent, III. VENUE AI\D JURISDICTION 5. to This Courthasjurisdictionandis a propervenuefor this suit pursuant Section125.002

Code. and of the TexasCivil Practice Remedies IV. FACTS AND CAUSE OF ACTION 6. owns,usesand/oris a partyto TresArbolesis the ownerof the Propertyandmaintains,

the use of the ProPertY. 7. The Property is a place to which persons habitually go for (1) delivery, possession,

manufacture. or use of a controlled substancein violation of Chapter 481 of the Health and Safety Code; (2) robbery as describedby Section29.O3, Penal Code; (3) aggravatedassaultas describedby Section 22.02, Penal Code; (4) murder as describedby Section 19.02,Penal Code; and (5) unlawfully carrying a weapon as described by Section 46.02 of the Penal Code. See affidavit of Karen Lewis, attachedas Exhibit A and incorporatedby referenceas if fully set forth herein. 8. Between July, 2010 and June, 2}ll, the following offenses were reported to have

occurred at the Property: (a) thirteen (13) cases of delivery, possession,manufacture, or use of a controlled substance:

(b) one(1) case ofrobbery; (c) three(3) cases aggravated assault; of (d) one(1) murder;and (e) one(1) caseof unlawfully carryinga weapon.
Request Motion to AppointReceiver, Injunctions, and for City's OriginalPetition,Request Temporary Permanent Page2 of 6 Trial Setting for Expedited and for Disclosure, Request Citv of Dallasv. CCC&RTresArboles,L.L.C.

g. 10.

Tres Arboles knowingly toleratesthis habitual criminal activity. Tres Arboles has failed to make reasonable attempts to abate the habitual criminal

activity. 11. The Property constitutes a common nuisancepursuant to Section 125.0015of the Texas

Civil Practice and RemediesCode. V. REQI]EST FOR TEMPORARY AND PERMANENT INJT]NCTIONS IZ. The City requeststemporary and permanent injunctions pursuant to Section 125.002 of

the Texas Civil Practice and Remedies Code prohibiting Tres Arboles from maintaining the property as a cornmon nuisance, specifically, as a place to which personshabitually go for: (1) delivery, possession,manufacture,or use of a controlled substance;(2) robbery; (3) aggavated assault;(4) murder; and (5) unlawfully carrying a weapon. L3. If after notice and hearing on the City's request for a temporary injunction, the Court

determinesthat the City is likely to succeedon the merits in its suit, the City requeststhat the Court order reasonable requirements to prevent the use or maintenance of the Property as a conrmon nuisanceas describedherein. 14. If after notice and hearing on the CrE's request for a temporary injunction, the Court

determinesthat the City is likety to succeedon the merits in its suit, the City requests,and Civil Practice and RemediesCode Section L25.045(a)mandates,that the Court require Tres Arboles to execute a bond payable to the state at Dallas County in an amount set by the Court of not less than $5.000.00nor more than $10,000.00;have sufficient suretiesapprovedby the Court; and be conditioned that Tres Arboles will not knowingly maintain a common nuisanceat the Property as describedherein.

Request Motion to AppointReceiver, Injunctions, and for City's OriginalPetition,Request Temporary Permanent Page3 of 6 Trial Setting for and for Disclosure, Request Expedited City of Dallasv. CCC&R TresArboles,L.L.C.

15.

pursuant to The City further requests that if final judgment be in favor of the City,

Coutt grant a Section 125.002(e)and (0 of the Texas Civil Practice and Remedies Code, the Tres Arboles pennanent injunction ordering Tres Arboles to abatethe common nuisance;enjoin specific from maintaining or participating in the common nuisance; and set in its order requirements of Tres Arboles to prevent the use or maintenance of the Property as a common nuisance. VI. MOTION TO APPOINT RECEIVER 16. BecauseTres Arboles continues to maintain and/or allow the Property to be maintained

as a common nuisance thus endangeringthe health and safety of its tenants and neighboring of citizens, ttre City requeststhat the Court appoint a receiver to take charge and possession the Property under Texas Civil Practice and RemediesCode Sectiorrl25-046. I7. Accordingly, the City requeststhat the Court order the following: a. Receiver be appointed to take possessionand charge of the Property and be allowed to: 1) 2) 3) take control of the ProPertY; collect rents due on the Property; make or have made repairs necessary to bring the Property into compliance with minimum housing standardsof the Dallas City Code; 4) make payments necessaryfor the maintenanceor restoration of utilities to the Property 5) 6) 7) to purchasematerials necessary accomplishrepairs; renew existing rental contractsand leases;

enter into new rental contracts and leases; Request Receiver, Motionto Appoint Injunctions, and for Request Temporary Permanent Petition, City'sOriginal
for Disclosure, and Requestfor Expedited Trial Setting City of Dallas v. CCC&RTres Arboles, L.L.C. Page 4 of 6

8)

affirm, renew, or enter into a new contract providing for insurance coverageon the Property; and

9)

exercise all other authority that an owner of the Property would have except for the authority to sell the Property;

10)

seek approval of the court for all expenditures of monies in excess of $10,000as neededto satisfy(3), (4), and (5);

11)

upon completion of the receivership,file with the Court a full accounting of all costs and expensesincurred in repairs, including reasonablecostsfor labor and subdivision and all income received from the Property; and

12) b.

perform other acts in regard to the Propertiesas authorizedby the Court.

All representatives and employees of Tres Arboles be prohibited from being

within 500 feet of the Properties; c. Tres Arboles relinquish to the Receiver all accounts,books, rent rolls, funds, and

papersregarding the managementof the Property; d. e. Tres Arboles ceaseto hold itself out as being in control of the Property; and Tres Arboles refrains from contacting the current tenants of the Property. VIII. REQTJEST F'OR EXPEDITED TRIAL SETTING

Pursuant to Section 125.003(c) of the Texas Civil Practice and RemediesCode, the City respectfully requests a full trial on the merits no later than the 90ft day after the date of the temporary injunctive order. PRAYER FOR RELIEF WHEREFORE PREMISES CONSIDERED, the City respectfully requeststhat the Court grant the following relief in the City's favor: City'sOriginal Petition, Request Temporary Permanent for and Injunctions, Motionto Appoint Receiver, Request for Disclosure, Request Expedited setting page of 6 and for rrial 5 Cityof Dallas CCC&R v. TresArboles, L.L.C.

a) A temporary injunction prohibiting Tres Arboles from maintaining the property as a common nuisance, specifically, as a place to which personshabitually go for: (1) delivery, possession, manufacture, or use of a controlled substance; (2) robbery; (3) aggravated assaull (a) murder; and (5) unlawfully carrying a weapon. b) A permanentinjunction againstTres Arboles as requestedherein; c) A receiver be appointedto take possession and chargeof the property; d) Reasonableattomeys' fees and costs; e) Postjudgment interest at the maximum rate allowed by law; 0 A full trial on the merits no later than the 90mday after the date of the temporary injunctive order; and g) Any and all other relief, generalor special,at law or in equity, to which the City is justly entitled.

lly submitted, P. PERKINS, JR.

No.24012696) Assistant City Attomey City Attorney'sOffice 1500Marilla Street, Room78 North Dallas, Texas7520L Telephone -670-3519 : ZI4 Telecopier 214-67 -0622 : 0 andrew. gilbert@dallascityhall.com ATTORNEY FOR TIIE CITY OF DALLAS
City's original Petition,Request Temporary Permanent for and Injunctions, Motion to AppointReceiver, Request for Disclosure, Request Expedited and for Trial Setting page6 of 6 City of Dallasv. CCC&R TresArboles.L.L.C.

Affidavit of Karen Lewis Came unto me this day, Senior Corporal Karen Lewis, Affiant, a personknown to me and upon oath swearsas follows: "My name is Karen Lewis. I am over the age of eighteen and have personal knowledge of the facts asserted below and am competentto testlfy to those facts. I swear that the facts below are true and correct. I am employed as a police officer by the City of Dallas Police Department and I am assignedto the NortheastDivision. I have been a police officer for nine years. In August of 2010, I opened an investigation on the property located at7222Fair oaks, Dallas, Texas, known as the casa verde Apartments (the 1'property''), a multifamily residence,becauseof the illegal activity on the propeny. The following abatable illegal activity has occurred on the Property in the last twelve months: On July 13, 2010, the Narcotics Division of the Dallas Police Department ("DPD") executeda searchwarrant at the Property and arresteda person residing at the apartments on the Property for possessionof 208.5 gru-J of marijuanal Officers also seized a digital scale and a 12 gauge sawed Lff shot gun during execution of the warrant at the property (#196ag3X); On July l7 ,2010, a person was arrestedby DPD officers for unlawfully canying a weapon; a 38 caliber revolver, on the property (#2002gaX); On August L1',2OL0,an aggravatedassaultoccurred on the Property as a resident of the apartments was shot (#225599X); On September22,2010, a known gang member was arrestedby DpD officers for possessionof 5.9 grams of marijuana on the Property. The Property is a drug free zone and gang free zone as it is within 1000 feet of two bdtas schools

@2652aaX);

On October17, 2010,a robberyoccurredon the Propertyas severalitems were takenfrom one of the apartments (#28909aX); On November14, 2010,DPD officers arrested personfor manufacturing a and deliveryof 3.2 gramsof cocaine theproperry(#3l5Za4X); at On Decembet19, 2010, a murderoccurredon the Propertyas a residentof the apartments shotin the parkinglot anddied asa result(#346096x); was

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On January7,2011, a personresidingat the apartments was arrested DpD by officerson thePropertyfor possession 60.8gramsof marijuana, of manufacturing and deliveryof L2.2gramsof cocaine, manufacturing deliveryof 27.9 gtatri and phencyclidine, of manufacturing and delivery of 7.3 gramsof alprazolam, and manufacturing delivery of 71.7 gramsof hydrocodone.Officers also seized and firearms, drug paraphernalia, numerousdigital scales,drug cooking utensils, variouspackaging materials, currency (#005816y); and On February 17, 2011, DPD arresteda person for aggravated assaultat the Propertyand he was found to be in possession 2 gramsof marijuanaand 4.1 of gramsof methamphetamines (#0a0583y); On February17, 20L1,a personresidingat the apartments arrested DPD was by officers on the Propertyfor possession 1.0 gramsof cocaine,l}.l gramsof of marijuana, 8.6 gramsof alprazolam and (#040583y); On March 3, 2011, an undercoverofficer with the NarcoticsDivision of the DallasPoliceDepartment madea drugbuy of 0.6 gramsof cocaine from a person at theProperty( N1-11-0194); On March 2L,2OL1,an aggravated assault occurred the Propertyas a resident on of the apartments stabbed the parkinglot (#070031y); was in On March22,2011,a confidentialinformantmadea drugbuy of 0.2 gramsof cocaine from a personat theProperty(N1-11-0299); On March 22, 201I, a confidentialinformantmadea drug buy of 0.3 gramsof cocaine from a person theproperty at (N1-11-0300); On April L4, 2011, a personresiding at the apartments was arrested DpD by officerson the Propertyfor possession 2.3 grams marijuana of of (#O93770y); On May 13,2011,person residingat the apartments arrested DPD officers was by on the Propertyfor possession < .1 gramsof cocaine burglaryof a vehicle of and (#122374Y); On May 26,2011,an undercover officer with the Narcotics Division of the Dallas Police Department madea drug buy of 4.7 gramsof marijuana from a personat (Nl-1 1-0553); the Property On May 30,20t1, a personwas arrested DPD officers on the property for by possession 2.3 grams of marijuanaand possession .7 grams of coiaine of of (#r40229Y). As part of my investigation, reviewedeachof the arrestor incidentreportslisted I above.This includesa review of all facts, data,and other informationcontained within
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these reports. Based uponmy reviewof the reportsandmy investigation, havepersonal I knowledge of all the facts, data, and other information within the arrest and incident reportslistedabove. To my knowledge, CCC&R Tres Arboles,L.L.C. has not takenreasonable steps to abate criminal activityoccurringat the property. the This Propertycontinues be habituallyusedfor drug-related to activity, robbery, aggravatedassault, aggravatedsexual assault,and unlawiully canying a weapon. Furthermore, Property a reputation a placewherepersons to purchase the has as go illigal substances."

Sworn to and subscribedbefore me on this the gth dav of July,2011.

Notary Public in and for the Stateof Texas

PAMELA VOYLES L.
Notary ublic P Stateof Texas

MyComm. Expres 12-12-2014

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