Court filing — No. 4:21-cr-00577 (Dkt. 40)

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Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 1 of 30

United States Courts

UNITED STATES DISTRICT COURT mane pit of Teas
SOUTHERN DISTRICT OF TEXAS ¢
HOUSTON DIVISION EP 2 6 2022
UNITED STATES OF AMERICA, § Nathan Ochsner, Clerk of Cours
§
Plaintiff, §
: §
v. § CRIMINAL NO. 4:21-CR-877
§ :
SCOTT JACKSON DAVIS, §
§
Defendant. §

DECLARATION OF KATHY ANN TERRY IN SUPPORT OF HOLLY CREEK
ESTATES PROPERTY OWNERS ASSOCIATION

Comes now Holly Creek Estates Property Owners Association (the ‘“Association”), an
interested party through its attorney Kathy Ann Terry, PO Box90141, Houston, Texas 77269, for.
its claim in and to certain real property forfeited by Defendant Scott Jackson Davis (“Davis”) to
Plaintiff the United States of America (“Plaintiff”) in the above-captioned action states to the Court
as follows:

The Association claims an interest in the following real property, ordered by the court
condemned and forfeited to Plaintiff, and with a street address of 23226 Oak Hollow Lane,

: Tomball, Texas 77377 (the “Property”):

Ali that certain tract or parcel containing 5.593 acres of land in the J.H. Edwards
Survey, A-20, Harris County, Texas, being a portion of a 32.0467 acre tract which was
conveyed from E. Wheeler Coe, Jr., Trustee, to John R. Frey, Trustee, by an Instrument
of record in File No. F991833 of the Official Public Records of Real Property of Harris

County, Texas (HCOPRRP), said 5.593 acres being more particularly described as
follows, to Wit:
Commencing for Reference at a 2" iron pipe found marking the southeast corner of the
aforementioned 32.0467-acre tract, also being the most easterly northeast corner of a

132.7706-acre tract conveyed from Thomas A. Glazier, et al, to John R. Fray Properties,
Inc. by an Instrument of Record in File No. F853837, HCOPRR;
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 2 of 30

Thence N 0 degrees 01' 45” E, 511.48 feet along the east line of said 32.0467-acre tract
to a 1/2" iron rod found at an angle point;

Thence N 0 degrees 18' 43" E, 1027.25 feet along the east line of said 32.0467-acre tract
to a 5/8" iron rod set for the southeast comer and Place OF BEGINNING of the tract
herein described;

Thence N 89 degrees 29' 09" W, 266.26 feet along the center line of a 45-foot road to a
point for southwest corner;

Thence N 0 degrees 30' 51" E, at 22.50 feet pass a 5/8" iron rod set for reference in the
north line of said 46-foot road, at 825.81 feet pass a 5/8" iron rod set for reference, and
continuing for a distance in all of 860.81 feet to a point for northwest comer in the
center line of Spring Creek;

Thence S 88 degrees 31' 30" E, 47.79 feet along the center line of Spring Creek to an
angle point;

Thence N 55 degrees 57' 01" E, 260.99 feet along the center line of Spring Creek to a
point for northeast corner also being the northeast comer of the aforementioned
32.0467-acre tract;
Thence § 0 degrees 18' 43" W, along the east line of said 32.0487-acre tract at 985.59
feet pass a 5/8" iron rod set for reference in the north line of said 45-foot road and
continuing for a distance in all of 1008.09 feet to the Place of Beginning and containing
5.593 acres of land, more or less,
By way of further setting forth an interest and claim in and to the Property, the
_ Association affirmatively states as follows:
On or about May 27, 2020, Davis, individually and in his capacity as Trustee of the Texas
Star 2019 Capital Revocable Living Trust dated November 10, 2019, purchased the property
located at 23226 Oak Hollow Lane, Tomball, TX, 77377. A copy of the deed is marked “Exhibit
A” attached and incorporated hereto by this reference. The property was subsequently allowed to
fall into disrepair as Davis failed to remove and keep removed all trash and garbage from the

property; mow on a regular basis; remove a trailer being stored at the property; and repair the

fountain in his front yard in violation of the Amended Deed Restrictions. A copy of the
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 3 of 30

Restrictions is marked “Exhibit B” attached and incorporated hereto by this reference.
Additionally, Davis began remodeling the outside of the buildings on the property without
Architectural Control Committee approval, also in violations of said Amended Deed Restrictions.
These restrictions constitute a legally binding and enforceable contract between the Association
and the homeowners. After numerous demands were made, a lawsuit was filed on November 18,
2021, Cause No. 202168338 in the Harris County District Court No. 125.

Pursuant to the terms of the Amended Deed Restrictions, Davis is also obligated to pay
Assessments to the Associations. As a result, Davis currently owes the Association an outstanding
balance, which is secured by the Texas Constitution. A breakdown of the balance owed by Davis
is marked “Exhibit C” attached and incorporated hereto by this reference. The total currently due
is $8,111.00. Association has a valid claim and lien against the Property in this amount. marked
“Exhibit D,” attached hereto and incorporated herein by this reference. Attached as “Exhibit E”
and attached hereto is the Declaration of Francis Graves, which verifies under oath Association’s
claim amount upon the Property, including the facts set forth in Paragraphs above herein and the
authenticity of the exhibits cited therein, and which is signed under penalty of perjury.

WHEREFORE, the Association prays the court determine its claim and lien in and to the
real estate Property described herein to be valid, a prior lien on said Property, providing a right to
recover proceeds derived from such Property, and that upon disposal of said real Property, the
Association be paid the full amount of its above-stated claim, plus all accrued interest, fees, and

costs incurred relating thereto, until paid in full, and for such other and further relief as the court

deems just and equitable.
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 4 of 30

Dated: August... ,.2022
Respectfully submitted,
/s/ Kathy Ann Terry
Kathy Ann Terry

State Bar No. 19799320
kathyterry@ outlook.com
PO Box 690141

Houston, TX 77269

281 897 9111

Fax 281 894 1602
ATTORNEY FOR HOLLY CREEK ESTATES PROPERTY OWNERS ASSOCIATION
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 5 of 30

TIE F

I hereby certify that a true and correct copy of the foregoing document was served on weeks an
2022, by the Court’s ECF noticing system on all parties that consent to such service including the
following:

Rick Blaylock, Assistant United States Attorney
United States Attorney’s Office 600E. Harrison,
Suite 201 Brownsville, Texas 78520
Rick.Blaylock.Jr@usdoj.gov

/s/ Kathy Ann Terry

Kathy Ann Terry
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD_ Page 6 of 30

Exhibit A
RP-2020-224952

Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 9 of 30

# Pages 3

e-Filé@yé\é-Redorded in the

Official Public Records of

HARRIS COUNTY
DIANE TRAY

COUNTY CLER
Fees $22.0

This instrument was received and recorded electronically
and any blackouts, additions orschanges were present

at the time the instrument was ‘filed and recorded.

Any provision herein which restricts the sale, “rental, or
usé of the described real property becatisé of color or
race is invalid and unenforceable under:federal ilaw.

COUNTY OF HARRIS i, to

I hereby certify that this instrument was!-FILED Bok,
File Number Sequence on the date and at the time, st {
hereon by me; and was duly RECORDED in the Official )
Public Records of Real Property of Harris County,

¢
COUNTY CLERK
HARRIS COUNTY, TEXAS
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 10 of 30

Exhibit B
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSDg Prorst4 9§30

(32.5) feet to any cul-de-s
shall not be considered as

ee line. Eaves, steps, and open porches
uilding, but this definition shall not
uding the aforesaid, to be nearer than
Sperty Line, except when two or more
g lot. Excepting that, the Developer or
ctors shall have the right to grant
figuration of that lot makes said set
variance will, in the opinion of the
th existing structures and will not
;ppearance of the subdivision.

najacent lots are used as one rs
Homeowner's Association Boa
variances to this section wh
back lines unreasonable an
Developer or Board, be in ha
materially detract from the

structure of any kind or nature
ion of the property.

7. No business or cof
whatsoever shall be built on an

ity may be carried on or conducted
one thereon which may be or become
poperty owners.

8. No obnoxious or offeRs®
on the property, nor shall anythin
an annoyance or nuisance to adjoinis

9a. All exterior improvements. pepe completed in a reasonable length
of time. It is stipulated & esasonable length of time for the
completion of the exterior part 3 gperovomants, residence or other

poured or installed.

or character shall be placed or
stored upon the property until s ready to commence improvements
and then such material shall be ed wkgihin the property lines on the lot
or parcel of land upon which impeovements are to be erected, and shall not
be placed on the streets or between ecurb and property line.

b. No building material

ter or debris o£ any kind shall

. 10. No trash, garbage, put
be dumped or permitted to accumus

11. No animals, livestock, poultry, dogs, cats, and such may be kept
or permitted on the premises, exqape as pees or for domestic use. Nothing
herein contained shall ever be f as to permit the keeping of
animals and pets to become a nu F bnoxious to the occupants of
neighboring property, or to becomes hazard #0 the health, welfare, and well

: being of the community. It is further understood and agreed that no hogs or
swine shall be kept on any part of ubject Property for any purpose
whatsoever. Homesites consisting of ¥ one lot and/or having two (2)
or more acres shall gualify for one (¥ animal for each acre of land.

Lr permitted on the property. Septic
weir construction and location
other laws relating thereto.

12. No ceas pools shall be dug
tanks will be.permitted on the prope
shall comply with all existing stat
The location of all septic systemssand water wells shall conform to the
locations designated on the subdivi#ion plat prepared by the Developer in
order to protect the development of aéjacent lots consistent with applicable
health laws. In any event, however, no septic tank shall be constructed or
maintained closer than twenty-five (25) feet from any property line or
roadway easement. No septic tank may be shared with any other property
owner. There shall be no outside toilet built or used on the premises.

mbly of motor vehicles or any

13, No repair work, dismantling or
met, or in the front or side

machinery or equipment shall be done ing
yards of any tract,

ailer, cattle trailer or
than twenty-four (24) hours
age, carport or designated

14, No boat, luggage trailer, &
motorhome is to be parked on any tract fo
unless said trailer or vehicle is store
storage area behind the house. . ‘

15. No firearms or fireworks or aie Bhall be discharged on the
property.

16. Concrete culvert crossings of =
be installed at all access points to the mas
sized by the Developer or his successors or

be decorative woodframe,
Structed of cedar, redwood
e (3) rails attached to

. 17. Any fences installed along roadways mug
split rail style fences. Such fences shal
or treated lumber. They shall be a mining

HC4-DR.184
case 4:21-cr-00577 Document 40 Filed on 09/26/22 in sn e 5 ait 30
J

equity against the person or persons violating or
ech restrictions and cither to prevent him or them
yer damages or other dues for such violations, for
the benefit of the Des Beer, his successors and assigns; or other owners,
y reac. Developer, his successors and assigns, may
other expanses in enforcing restrictions.
d restrictions shall run with the land and shall
thier heirs and assingns, and all persons and
for a period of twenty-five (25) years from the
d, at which time they shall be automatically
10) year periods unless changed or ended in
Se 8. This declaration may be amended by an
instrument signed by the Gicers of the Board of Directors of the
that the owner's o£ at least alxaty (60%)
; y these restrictions have agreed to said
amendment by signing a wreétcer™ballot or statement of amendment. Any
instrument setting forth such amendment shall be recorded of record in the
County Clerk's office of Harris inty, Texas.

mm
a
n
Qa
po]

be binding upon theGr
parties claiming undg
date the declararion

eS more o£ these covenants, agreements,

Yell Become or be held invalid by reason of

abandonment, waiver or judicia¥Y decision, the same shall in no wise affect

the validity of the other covenants 4% sagreements conditions or restrictions
full force and effect.

set out herein, which shall 3

HC4-DR.184
Case 4:21-cr-00577 .Document 40 Filed on 09/26/22 in TXSD Page 16 of 30
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 18 of 30

Exhibit C
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 19 of 30

STATEMENT OF ACCOUNT
TEXAS STAR 2019 CAPITAL REVOCABLE LIVING TRUST
23226 Oak Hollow Lane’
Tomball, TX 77377

DELINQUENT ASSESSMENTS:

2022 Maintenance Fees $895.00
Lawn Service 200.00
Attorney’s Fees 1,616.00
Violation Fines 5,400.00

Total $8,111.00
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 20 of 30

Exhibit D
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 21 of 30
RP-2021-550101

Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 23 of 30

RP-2021-550101

# Pages 3

09/24/2021 03:05 PM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY

TENESHIA HUDSPETH

COUNTY CLERK

Fees $22.00

RECORDERS MEMORANDUM ; ;

This instrument was received and recorded electronically
and any blackouts, additions or changes were present

at the time the instrument was filed’ and recorded.

Any provision herein which restricts the sale, rental, or
us@ of the described real property because of color or
race is invalid and unenforceable under federal law.

THE STATE OF TEXAS

COUNTY OF HARRIS oo. .

I hereby certify that this instrument was FILED in

File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Texas.

COUNTY CLERK
HARRIS COUNTY, TEXAS
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 26 of 30

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS HOUSTON

DIVISION
UNITED STATES OF AMERICA, §
§
Plaintiff, §
Vv. : CRIMINAL NO. 4:21-CR-
§ 577
SCOTT JACKSON DAVIS, §
Defendant. :

DECLARATION OF FRANCIS GRAVES IN SUPPORT
OF CLAIM TO PROPERTY BY HOLLY CREEK ESTATES PROPERTY OWNERS
ASSOCIATION

I, Francis Graves (“Declarant”), declare as follows:

1, I am the Treasurer of Holly Creek Estates Property Owners Association (the
“Association”). I am over the age of 21 and competent to make this declaration. All of the
statements set forth herein are true and correct and are based upon my personal knowledge.

2. I have reviewed the foregoing Claim to Property by the Association filed in this
action (“Claim”).

3. I verify that the factual statements contained within the Claim are within my
personal knowledge or have been made known to me in my role as Treasurer of the Association.
I am authorized to make this verification on behalf of the Association, and such facts are true
and correct.

4. __ The records attached to the Claim, specifically the Amended Deed Restrictions
and Statement of Account (collectively the “Records”) are true and accurate copies or exact
duplicates of the original documents and were based on records kept in the regular course of

business of the Association.
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 28 of 30

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION
UNITED STATES OF AMERICA, §
§
Plaintiff, §
§
v. § CRIMINAL NO. 4:21-CR-577
§
SCOTT JACKSON DAVIS, §
§
Defendant. §

DECLARATION OF KATHY ANN TERRY IN SUPPORT OF HOLLY CREEK
ESTATES PROPERTY OWNERS ASSOCIATIONS ATTORNEY FEES

I, Kathy Ann Terry (“Declarant”), hereby declare as follows:

1. I am the attorney for Holly Creek Estates Property Owners Association
(“Association”). I submit this Declaration in support of attorneys’ fees in connection with services
_ rendered by Kathy Ann Terry on behalf of the Association. Unless otherwise stated herein, I have
personal knowledge of the facts set forth herein and, if called upon, could and would testify thereto.

2. My firm served as counsel for the Association in matters relating to the enforcement
of its Claim to Property (“Claim”) relating to real property, ordered by the court condemned and
forfeited to Plaintiff, and with a street address of 23226 Oak Hollow Lane, Tomball, Texas 77377
(the “Property”). The tasks undertaken by my firm relating to the Claim can be summarized as
follows: (i) a thorough legal and factual investigation of the Association’s claim to the Property;

(ii) initiation of proceedings against the Property concerning the collection of outstanding funds
Case 4:21-cr-00577 Document 40 Filed on 09/26/22 in TXSD Page 29 of 30

owed to the Association; and (iii) communications with the Association and the preparation and
filing of the Association’s Claim in the above captioned matter.

3. I have spent 3.5 hours preparing and filing this claim, 2.0 hours on 07-27-2022 and
1.5 hours on 07-28-2022. My hourly fee is $325.00. These fees were prepared from
contemporaneous daily time records regularly prepared and maintained by my firm, which are
available at the request of the Court.

4. My firm’s hourly rates are largely based upon a combination of the level of
experience and practice area for each attorney and professional support staff employee, as well as
market rates for practitioners in the field. These hourly rates are the same as, or comparable to,
rates submitted by other firms and accepted by courts in commercial litigation matters.

5. These fees are based on records kept by my firm and the records were made at or
near the time of each act, event, condition, opinion, or diagnosis set forth in the Records, or as
reflected in the title of the respective record. It was the regular practice of my firm to record the
information set forth in the records. The Declarant is familiar with the records and the
_ circumstances under which they were made, and the Declarant is not a party to the action set forth

above.

I declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct.

Kathy Ann Terry


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