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PZ - Warranty Deed C %�, E_ , , APR Clerk Ada County Kimbell D. Gourley/ISB #3578 TROUT ♦ JONES ♦GLEDHILL ♦FUHRMAN, P.A. �' sz •' ' 1)" The 9th & Idaho Center 225 North 9th Street, Suite 820 P.O. Box 1097 _. ..._. Boise, ID 83701 Telephone: (208) 331-1170 Facsimile: (208) 331-1529 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 36.00 12 BOISE IDAHO 04/17/07 04:13 PM Attorneys for: Ada County Highway District DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIII IIIIIIIIIIII III RECORDED-REQUEST OF 1���� Trout Jones Gledhill 4496 IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA ADA COUNTY HIGHWAY DISTRICT, a ) body politic corporate of the State of ) Case No. CVOC 0704272 Idaho, ) AMENDED ORDER FOR POSSESSION Plaintiff, ) OF REAL PROPERTY vs. ) JAMCO INVESTMENTS, L.L.C., an ) Idaho limited liability company; ) PREMIER HOLDINGS, INC., a Nevada ) corporation; JEFFREY MAJORS, an ) individual, and KAMRON ABDO, an ) individual; ZIONS FIRST NATIONAL ) BANK, a national banking association; ) and all unknown lessees and tenants in ) possession of any or all of the property ) which is subject to this action, and any ) other person or entity, who has or may ) have an interest in and to the property ) which is subject of this action, referenced ) for convenience by the fictitious ) designations of DOES 1 THROUGH 10, ) Defendants. ) THIS MATTER having come on before the court upon the stipulation entered into AMENDED ORDER FOR POSSESSION OF REAL PROPERTY -1- I Pagel of 12 09/01/2021 2:02 PM by the parties, and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, AND THIS DOES ORDER, ADJUDGE, AND DECREE: 1. The requirements of Idaho Code §7-721, enabling ACHD to obtain possession of the subject property pending trial have been satisfied, in that (a) ACHD has the right of eminent domain; (b)the use to which the subject property is to be applied is a use authorized by law; (c) the taking of the subject property is necessary for such use; and (d) ACHD has sought in good faith to purchase the subject property sought to be taken. 2. In consideration of the payment by ACHD to the court of the total sum of $165,176.00, which sum shall be tendered by ACHD in the form of a check payable to the Clerk of the Court, and the representations set forth below, ACHD is granted possession and use of the following subject to the rights of the tenants in possession: a. Parcels 2, 3, and 5 Condemned Property, b. Parcels 2, 3, and 5 Permanent Slope Easement, G. Parcel 5 Temporary Easement Property, (as defined and described in the Verified Complaint on file herein). A legal description of such properties is attached as Exhibits A-1 through A-3, B-1 through B-4, and C, which by this reference are incorporated herein. 3. ACHD is hereby entitled to take possession and commence use of said property. AMENDED ORDER FOR POSSESSION OF REAL PROPERTY-2- Page 2 of 12 09/01/2021 2:02 PM 4. ACHD and Defendants shall not have any contact or communications not authorized in advance by their respective attorneys with each other or their agents during the pendency of this action, and any such unauthorized communications shall be deemed settlement negotiations and inadmissible. 5. ACHD shall give notice to Defendants' counsel of any changes in that portion of the project and/or the project plans relating to Defendants' property or any property immediately adjacent to Defendants' property within seventeen (17) days of the change being made. 6. ACHD shall accept financial responsibility for all real property and personal property taxes assessed on that portion of Parcels 2, 3, and 5 being condemned by ACHD from the date of possession until possession is returned or judgment is entered. These taxes shall be calculated as follows: a. Land: sq.feet of take X taxes assessed on parcel X days of possession=ACHD portion total sq.ft.of 365 days parcel Nothing in this stipulation shall prevent ACHD from obtaining consent from the Ada County Assessor to cease assessing taxes on the subject property being condemned by ACHD, and thus terminating ACHD's financial responsibility to pay such taxes. 7. ACHD shall not oppose an application by Defendants to seek an order authorizing the clerk of the court to distribute to Defendants 80% of the $165,176.00 (i.e., $132,140.80), per Idaho Code §§ 7-721(6) and (7). 8. ACHD shall have the Condemned Property, Permanent Easement, and Temporary Construction Easement Property staked within fourteen (14) days, if not AMENDED ORDER FOR POSSESSION OF REAL PROPERTY-3- Page 3 of 12 09/01/2021 2:02 PM already staked, to the extent reasonably possible (it may not be possible to stake a line between the Condemned Property and Permanent Easement or Temporary Construction Easement Property if construction has commenced, but all lines adjacent to the Defendants' remaining property shall be staked) so that the Defendants may ascertain the location of such property. DATED this /J day of April, 2007. dge Joel D. Horton CERTIFICATE OF SERVICE - _ -----_HEREBY CERTIFY_that-an__the--/k-- - da-y--of &1�11,2007,-a-true Kect- - ---- copy of the foregoing document was served as follows: E. Don Copple First Class Mail Heather A. Cunningham Hand Delivery DAVISON COPPLE COPPLE & COX [ ] Facsimile P.O. Box 1583 [ ] Overnight Delivery Boise, ID 83701 Kimbell D. Gourley ix First Class Mail TROUT ♦ JONES ♦GLEDHILL ♦FUHRMAN ] Hand Delivery The 9t" & Idaho Center [ ] Facsimile 225 North 9 Street, Suite 820 [ ] Overnight livery P.O. Box 1097 Boise, ID 83701 zi putt' erk o, 5ih �FI:D: I S , I.J.i)ay, r1E�a Uj9pir l�aaAfC1i11.�r1���11.MI kr03 : „0 N SgSxfl"�9 tYi?9L't;C�j+,q i�y�'0�,'!3i tY,li�sf@ kl�S`;�Fk#i �1_pf{�9Pleg Martof 1 K&A^ 9e1i79�tr�liy�e�bcad bye! JA)AVfp NAV AMENDED ORDER FOR POSSESSION OF REAL PROPERTY -4- E y,_ VI Page 4 of 12 09/01/2021 2:02 PM Owner of Record: Jamco Investments LLC,Premier Holdings Inc. Assessor Parcel No.: S1224223530 AC11D Project: Overland Road (Linder to Meridian) AC14D Project No.: 603052 Right-of-Way Description - Parcel 2 A parcel of land located in the Northwest 1/4(NW1/4)of Section 24, Township 3 1 North,Range 1 West,Boise Meridian, and said parcel also being a portion of that Warranty Deed, filed as instrument number 763955,Official Records of Ada County, Idaho,being more particularly described as follows: Commencing at the northwest corner of the NW 1/4 of Section 24, T.3 N., N.� R. i W., B.M., said point being the REAL POLNT OF BEGINNING. Thence South 89°07'25"East, 109.00 feet(formerly S 89°54' E) along the north boundary of said NW1/4 to a point; Thence South 1°01'35"West, 51.00 feet(formerly S 0°15' W) along the east boundary of said warranty deed to a point; Thence North 89°07'25" West, 32.70 feet parallel to the north boundary of said NW 1/4 to a point; _ ------- -- rh ence ut�7'00"West, 35.30 feet to a point lying 5 1.00 feet from the J west boundary of said NW1/4; Thence South 0°41'25"West, 323.91 feet parallel to the west boundary of said NW 1/4 to a point on the south boundary of said warranty deed; Thence North 89°13'25"West, 51.00 feet(formerly West)along said south boundary to a point on the west boundary of said NW 1 A; Thence North 0°41'25"East,400.00 feet(formerly N 0°15 E,400.00')along the west boundary said NW 1/4 to the Real Point of Beginning. Said described � 9 parcel contains 23 661 square feet or 0.54 acres and includes p 12,098 square feet or 0.28 acres of existing 25 feet wide prescriptive right-of-way along the north and west boundaries of said warranty deed. This Description was prepared by the ACHD survey section using Deeds of record, Record of Surveys, Subdivision Plats and field measurements between section corners. Deed bearings have been rotated to project bearings per section line f measurements. Said parcel is subject to ents of record or in use. E- Page` 5 of 12 09/01/2021 2:02 PM 1 Owner of Record: Jamco Investments LLC,Premier Holdings Inc. 1 Assessor Parcel No.: S 1224223490 f ACHD Project: Overland Road(Linder to Meridian) ACID Project No.: 603052 Right-of-Way Description - Parcel 3 A parcel of land located in the Northwest 1/4 (NW 1/4)of Section 24, Township 3 North,Range 1 West,Boise Meridian, and said parcel also being a portion of that Community Property Agreement filed as instrument number 812626, Official Records of Ada County, Idaho,being more particularly described as follows: Corimencing at the northwest corner of the NW1/4 of Section 24,T.3 N., R. .1 W.,B.M.,thence South 89°07'25"East, 109.00 feet(formerly S 89054' E, I09.001) along the north boundary of the NW 1/4 of Section 24 to a point, said point being the REAL POINT OF BEGINNING. Thence continuing South 89°07'25"East, 109.00 feet(formerly S 89054' E, — - 109.00') along the north boundary of said NW 1/4 to the northeast corner of said warranty Thence South 1°01'35"West, 51.00 feet(formerly S 00 15' W)along the east boundary of said warranty deed to a point; Thence North 89°07'25"West,25.86 feet parallel to said north boundary of the NW1/4 to a point; Thence South 53°21'49"West,6.56 feet to a point; Thence North 89°07'25"West,20.00 feet parallel to said north boundary of the NW 1/4 to a point; Thence North 51°29'57"West,6.56 feet to a point; Thence North 89007'25" West, 52.74 feet parallel to said north boundary of the NW 1/4 to a point on the west boundary of said warranty deed; Thence North 1°O1'35"East, 51.00 feet(formerly N 09 5' E) along said west boundary to the Real Point of Beginning. Said described parcel contains 5,660 square feet or 0.13 acres and includes 2,725 square feet or 0.06 acres of existing prescriptive right-of-way along the north boundary of said Community Property Agreement. This Description was prepared by the ACHD survey section using Deeds of record,Record of Surveys, Subdivision,Plats and field measurements between sPctien corners. Deed bearings have been rotated to project bearings per serf I measurements. Said parcel is subject to easements of record or i ACHDsurveyAogn1s/row EXHIBIT�ca '` � I Page 6 of 12 09/01/2021 2:02 PM Owner of Record: Jamco Investments LLC,Premier Holdings Inc. Assessor Parcel No.: S 1224223450 ACHD Project: Overland Road(Linder to Meridian) ACHD Project No.: 603052 Right-of-Way Description - Parcel 5 A parcel of land located in the Northwest 1/4(NWI/4)of Section 24,Township 3 North,Range 1 West,Boise Meridian,and said parcel also being a portion of that Quitclaim Deed, filed as instrument number 104139853, Official Records of Ada County, Idaho,being more particularly described as follows: Commencing at the northwest corner of NW 1/4 of Section 24,'T'3 N.,R. 1 W., B.M., thence South 89°07'25"East,218.00 feet along the north boundary of the NW 1/4 1 of Section 24 to a point being the northwest corner of that parcel described in said Quitclaim Deed, said point also being the REAL POINT OF BEGINNING. Thence continuing South 89107'25"East, 109.10 feet(formerly S 89033'34"E, along-the--north-hnundary-ofsaid_ —W!4t the northeast_corner ofsaid Quitclaim Deed; Thence South 1*01'35"West, 51.00 feet(formerly S 0°15' W) along the east boundary of said warranty deed to a point; Thence North 89°07.'25"West, 109.10 feet parallel to said north boundary of NW 1/4 to a point on the west boundary of said warranty deed; Thence North 1'01'35"East, 51.00 feet(formerly N 0°15' E) along said west boundary to the Real Point of Beginning. Said described parcel contains 5,564 square feet or 0.13 acres and includes 2,727 square feet or 0.06 acres.of existing prescriptive right-of-way along the north boundary of said Warranty Deed. This Description was prepared by the ACHD survey section using Deeds of record, Record of Surveys, Subdivision Plats and field measurements between section corners. Deed bearings have been rotated to project bearings per section line measurements. Said parcel is subject to easements of record or in use. J 4 t! 1 9 o EXHIBIT t F I � ACHDsurvey/lepls/rmv � y, I Page 7 of 12 09/0112021 2:02 PM Owner of Record: Jamco Investments LLC Premier Holdings Inc. Assessor Parcel No.: S1224223530 ACHD Project: Overland Road(Linder to Meridian) ACHD Project No.: 603052 Permanent Easement Description - Parcel 2 lA parcel of land located in the Northwest 114(NW1/4)of Section 24,Township 3 North,Range 1 West,Boise Meridian,and said parcel also being a portion of that Warranty Deed, filed as instrument number 763955, Official Records of Ada County, Idaho,being more particularly described as follows: Commencing at the northwest corner of the NW1A of Section 24,T.3 N., R. 1 W.,'B.M.,thence South 89°07'2.5"East; 109.00 feet along.the north boundary of said NW1/4 to apoint,thence South 1001'35"West, 51.00 feet to apoint, said point being the REAL POINT OF BEGINNING. Thence continuing South 1'01'35"West,4.00 feet to a point; Thence North 89°07'25"West,36.68 feet parallel to the north boundary of said NW 114 to a point; Thence Nort�i 43°47'00"East,5.65 feet to a point; Thence South 89107'25"East,32.70 feet to the Real Point of Beginning. Said described parcel contains 139 square feet. This Description was prepared by the ACHD survey section using Deeds of record,Record of Surveys, Subdivision Plats and field measurements between section corners. Deed bearings have been rotated to project bearings per section line measurements. Said parcel is subject to easements of record or in use. b o ACHDsurvcyAegals/pc EXHIBIT f $• 1 Page 8 of 12 09/01/2021 2:02 PM Owner of Record: Jamco investments LLC,Premier Holdings Inc. Assessor Parcel No.: S1224223490 ACHD Project: Overland Road(Linder to Meridian) ACHD Project No.: 603052 Permanent Easement #1 Description - Parcel 3 A parcel of land located in the Northwest 1/4(NWl/4)of Section 24, Township 3 North, Range 1 West,Boise Meridian,and said parcel also being a portion of that Community Property Agreement filed as instrument number 812626, Official Records of 1 Ada County,Idaho,being more particularly described as follows: 1 Commencing at the northwest corner of the NWl/4 of Section 24,T.3 N:, R. J W.,B.M., thence.South.89°07'25"East,218.00 feet along the north boundary of the NW 114 of Section 24 to a point,thence South 1601'35"West,55.00 feet to a point, thence North 89°07'25"West,51.06 feet parallel to said north boundary of the NWIA to a point, said point being the REAL POINT OF BEGINNING. Thence continuing North 89°07'25"West, 57.94 feet parallel to said north -- -! - boundary of the NW1/4 to a point on the west boundary of said warranty deed; -----------Thence NartV0T'35asf; eT et -along sa i w st boundary to a point; Thence South 89°07'25"East, 52.74 feet parallel to said north boundary of the NW 1/4 to a point; Thence South 51°29'57"East, 6.56 feet to the Real Point of Beginning. Said described parcel contains 221 square feet. This Description was prepared by the ACHD survey section using Deeds of record,Record of Surveys, Subdivision Plats and field measurements between section corners. Deed bearings have been rotated to project bearings per section line measurements. Said parcel is subject to easements of record or in use. 5291 0 ACH Ds u rvey/1 e g a Is/pe. ' EXHIBIT Page 9 of 12 mni--7•n9 onn Owner of Record: Jamco Investments LLC,Premier Holdings Inc. Assessor Parcel No.: S 1224223490 lACHD Project: Overland Road(Linder to Meridian) ACHD Project No.: 603052 Permanent Easement#2 Description - Parcel 3 IA parcel of land located in the Northwest 1/4(NW l/4)of Section 24,Township 3 North,Range 1 West,Boise Meridian,and said parcel also being a portion of that Community Property Agreement filed as instrument number 812626,Official Records of Ada County, Idaho,being more particularly described as follows: Commencing at the northwest corner of the NW 1 A of Section 24, T.3 N., R. 1 W.,B.M., thence South 89007'25"East,218.00 feet along the north boundary of the NWI/4 of Section 24 to a point,thence South 1Q01'35"West, 51.00 feet to a point,said point being the REAL POINT OF BEGIlVNING. Thence continuing South 1°01'35"West,4.00 feet to apoint; Thence North 89°07'25"West, 31.06 feet parallel to said north boundary of the --- --- NW 1 A to a point; --------- -- ----- Thence North 53*21'49"East,6.56 feet to a point; Thence South 89907'25"East,25.86 feet to the Real Point of Beginning. ISaid described parcel contains 114 square feet. This Description was prepared by the ACHD survey section using Deeds of record,Record of Surveys, Subdivision Plats and field measurements between section corners. Deed bearings have been rotated to project bearings per section line measurements. Said parcel is subject to easements of record or in use. 5 l�o J EXHIBIT IACHDsurveyAe1i1s/pe P3!.3 Page 10 of 12 09/01/2021 2:02 PM Owner of Record: 7amco Investments LLC,Premier Holdings Inc. Assessor Parcel No.: S1224223450 { ACHD Project: Overland Road(Linder to Meridian) ACRD Project No.: 603052 Permanent Easement Description - Parcel 5 IA parcel of land located in the Northwest 1/4(NW1/4)of Section 24, Township 3 North,Range 1 West,Boise Meridian,and said parcel also being a portion of that Quitclaim Deed, filed as instrument number 104139853,Official Records of Ada County, Idaho,being more particularly described as follows: Commencing at the northwest corner of NWIA of Section 24, T.3 N.,R. 1 W., B.A. thence South 89'07'25."_Fast,327.10 feet along the north boundary of±he NW1/4 of Section 24 to a point being the northeast comer of said Quitclaim Deed,thence South 1°01'35"West, 51.00 feet along the east boundary of said warranty deed to a point, said point being the REAL POINT OF BEGINNING. Thence continuing South 1°01'35" West, 4.00 feet along said east boundary to a point; Thence North 89°07'25" West, 109.10 feet along a line parallel to said north boundary of NW t/tea-point on t e west bounce ary of saidwarranty deed; Thence North 1°O1'35"East,4.00 feet along said west boundary to a point; Thence South 89°07'25"East, 109.10 feet parallel to said north boundary of INW 1/4 to the Real Point of Beginning. Said described parcel contains 436 square feet. This Description was prepared by the ACHD survey section using Deeds of record,Record of Surveys, Subdivision Plats and field measurements between section comers. Deed bearings have been rotated to project bearings per section line measurements. Said parcel is subject to easements of record or in use. 41 I r r. n ACHDswey/legais/pa EXHIBIT Page 11 of 12 -- --- - -- ----- 09/0112021 2:02 PM Owner of Record: Jamco Investments LLC,Premier Holdings Inc. Assessor Parcel No.: 81224223450 ACHD Project: Overland Road(Linder to Meridian) ACHD Project No.: 603052 Temporary ]Easement- Parcel 5 A temporary construction easement adjacent to the southerly right-of-way of Overland Road,per Ada County Highway District project for"Overland Road(400'W. of Linder to Meridian Road)",said parcel being a portion of the Northwest 1/4 of Section 24,Township 3 North,Range 1 West,Boise Meridian,State of Idaho,being more particularly described as follows: Beginning at the northwest comer of said Section 24,said point being station 9+35.06 of the Overland Road project centerline,thence easterly to a point being 55.00 --feed ng f ofOveftrid Road-s a o1n72+62.3,said pomp also eli-ing the Real Poir of Begituiing. Thence southerly to a point 70.00 feet right of station 12+62.3; Thence westerly to a point 70.00 feet right of station 12+12.3; Thence northerly to a point 55.00 feet right of station 12+12.3; Thence easterly to a point 55.00 feet right of station t 2+62.3 and the Real Point of Beginning. Said Parcel contains 750 square feet or 0.02 acres more or less. r ' Ay�N t. ego EXHIBIT Cole Order of Condemnation, page 13 Page 12 of 12 09/01/2021 2:02 PM ADA COUNTY RECORDER J. DAVID NAVARRO 2 BOISE IDAHO 05/26/04 04:17 PM DEPUTY Vicki Allen RECORDED-REQUEST OF III (III'III'I'll'II'lll"I"I'II'I AI �1 ✓ Pioneer - AMOUNT 6.00 104065477 A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W.Rifleman Ave./Boise,Idaho 83704 (208)377-2700 WARRANTY DEED For Value Received Dennis K Andrews and Ellen J Andrews,husband and wife hereinafter referred to as Grantor,does hereby grant,bargain,sell,warrant and convey unto Jamco Investments,LLC, Premier Holdings,Inc.,Jeffrey Majors and Kamron Abdo hereinafter referred to as Grantee,whose current address is 3211 N Milwaukee,Boise,Idaho 83704 the following described premises,to-wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. To HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee,his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that Grantor is the owner in fee simple of said premises;that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations,restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: May 24,2004 oo oz�e�--- * _01.11�� Dennis K Andrews f Ellen J ews STATE OF IDAHO. County of AD,ss. On this 24TH day of MAY,in the year of 2004,before me THE UNDERSIGNED,notary public personally appeared Dennis K Andrews AND Ellen J Andrews known or identified to me to be the person/persons whose name is/are subscribed to the within instrument,and acknowledged to me that he/she/they executed the same. ,,���iiliali��li 0 LE WIS s o�AR),L•• +•d = To)Lews �' : Nois o Idah4 . P UB OReBo• a Idaho .9�ECo expires: August 21,2007 1 EXHIBIT A A parcel of land in the Northwest quarter of Section 24,Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho,more particularly described as follows: Commencing at the Section Corner common to Sections 13, 14,23 and 24,Township 3 North, Range 1 West,Boise Meridian;thence South 89 degrees 54'East,along the section line common to Sections 13 and 24,a distance of 218.00 feet;thence South 0 degree 15;West 199.81 feet;thence North 89 degrees 57'West 218.00 feet to the section line common to Sections 23 and 24;thence North 0 degree 15' East along said Section Line 200.00 feet to the Point of Beginning. ALSO A parcel of land in the Northwest quarter of Section 24,Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho,more particularly described as follows: Commencing at the Section Corner common to Sections 13, 14,23 and 24,Township 3 North, Range 1 West,Boise Meridian;thence South 0 degree 15'West,along the section line common to Sections 23 and 24,a distance of 200.00 feet to the Real Point of Beginning;thence continuing South 0 degree 15'West,along said section line 200.00 feet;thence East 218.00 feet;thence North 0 degree 15'East 199.81 feet;thence North 89 degrees 57'West 218.00 feet to the Real Point of Beginning. Affects: Parcel Nos.: S1224223490,51224223530 A portion of the Northwest quarter of the Northwest quarter of Section 24,Township 3 North, Range 1 West,Boise Meridian,Ada County,Idaho,described as follows: Beginning at the Northwest corner of said Section 24;thence South 89 degrees 54'East 218 feet to the Real Point of Beginning;thence Easterly 25 feet to a point that is located on the centerline of Overland Road;thence South 0 degree 15'West 399.44 feet;thence West 25 feet,more or less,to a point that is South 0 degree 15'West,400 feet and South 89 degrees 57'East,218 feet of said Northwest corner of Section 24;thence North 0 degree 15'East to the Real Point of Beginning. EXCEPT ditch and road rights-of-way. Affects: Parcel No. S 1224223470 A tract of land lying in the North half of the Northwest quarter of Section 24,Township 3 North, Range 1 West,Boise Meridian,in Ada County,Idaho,described as follows: Beginning at the Northwest corner of said Section 24;thence South 0 degree 15'West a distance of 400 feet;thence East 243 feet to the Real Point of Beginning;thence East 109.10 feet;thence North 0 degree 15'East 399.44 feet;thence North 89 degrees 54'West 109.10 feet;thence South 0 degree 15'West 399.66 feet to the Point of Beginning. Affects: Parcel No. 51224223450