HomeMy WebLinkAboutAugusta Canal Third Level Improvement
Augusta Richmond GA
. DOCUMENT NAME: ALA-~~-co.. Car, 0-.\ ih-,rc\ LvJd
" ~ lrY\prove,'(YIeX\-t ,
DOCUMENT TYPE: D e.-ed
YEAR: 0 L1
BOX NUMBER: 23'
FILE NUMBER: '1158 I
, NUMBER OF PAGES: 2
"':r-'
..'
I Book 00945:0661 Augusta - Richmond County
, 200403877608/17/2004 15:50:09,02
L~g:9.Qn~,lg_~!_gE._\!'!/7:.'! ,9.s~.r?",....
(- 1111111111111111\ 11111 11111 11111 11111 11111 11111 11111 1111.IJlI
2004038776 Augusta.. Richmond County
I
l . _ ___./.:.- ..
'----- -
\
I
I
)
'\
"
';~ 'L .". :",: .~~-,:f'<\~. . "
': Ret'urh'~to:::"
I .,.'..' ,.. "
;"Harry,D. R~,!ell' . , '.
;"AG~6rge C. Wilson Ct.; Suite A
:~:Ugusta; ge6rgia' 30901'" , )
,",-.'-" --~~"'----'-~-----""'-'--"--"'"-'~--'.---'
I
J
AUGUSTA"GEORGIA ,
RIGHT-OF- \-VA YDEED
GEORGIA, RICHMOND COUNTY PROJECT Augusta Canal Third Level Improvement
THIS CONVEYANCE made and executed the 12....- day of Avovs-t- , 20#.
WITNESSETH that McGowen Printing & Offset Company. Inc. . the undersigned, is the owner of a
tract of land in RICHMOND COUNTY, through which Augusta Canal Third Level, known as Augusta Canal
Third Level Improvement Proiect, has been laid out by Donaldson, Garrett, and Associates, Inc., being more
particularly described in a map and drawing of said project in the Public Works and Engineering office, to
which reference is hereby made,
NOW, THEREFORE, in consideration of the benefit to said property by the construction and maintenance
of said project, and in consideratiol!- of TEN DOLLARS ($10.00), in hand paid, the receipt whereof is hereby
acknowledged, I do hereby grant, sell and convey to Augusta, Georgia, a political subdivision of the State of
Georgia, and their successors in office, so much land as to make a right-of-way for said project as surveyed.
"
SAID right-of-way is hereby conveyed in fee simple, consisting of lA05 sq, ft. (0.032 acre), more or less;
and N/ A sq. fLOf permanent utility easement, more or less; and N/ A sq, ft. of temporary construction
easement, more or less, as shown on a drawing of the propelty prepared by Donaldson, Garrett, and Associates,
Inc., dated December 1 Q. 2003, and revised March 11. 2004, attachd hereto an~ ma,de a part of this description.
TO HAVE AND TO HOLD the said conveyed premises in fee simple.
r hereby specially warrant that I have the right to sell and convey said land and bind myself, my heirs,
executors and administrators forever to defend by virtue of these presents.
.
(L.S.)
As Its:
. (L.S.)
GJ ~~ U \(1) _
S . . _
~::o: Comm. Exp ~ =:
:-o~ 3/09/07' :....;~
- . . ........s
;. ~ -. A. : C!J ~
_.J'.^J~. (j' ~
';.~ ". vBL\ ..',.~
-:. 0 .. .. ~....... ~
~ /1,1 .........~' ,\
...........,.. D CO\) I"'"
""""1111.'0"
(L.S.)
Tax Map 46-2, Parcel 60,01
Project ParcellL
',\ .:< .'~.,
'",~ .:,".:.~f. <i,
" .
/'
,.,,\::;:~r ~i ~~:"
. ".,.
(;) . 1':.
1 ~ 'I \.~ ....' ~ '::';",'
,\'~1'f \
'J.... ,," ,'f
. '. ~ ,"t,
"
,
"
~ \..~ t
. .. . .....:~ ~ ....;.-j.'
"
<'
~. ~
~
-- - ---.'-.-- --
"',-.
v
",
',"
.~.---
1 ~_.
','
.-..'
~
/' "I .... ~ _
'- ~' '.
...~_......~..~.r-.........r-..."'.."'.."'.."'..I_..I_..~.I_..r-...I_.......~.r-...r-..................___..-..I_..I_....
{ fa
~wyersptle
Insurance @Poration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
1992ALTA
Owner's Policy
Owner's Policy Number
136 - 00 - 7 0 2 8 8 4
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE E
CONDITIONS AND STIPULATIONS, LAWYERS
Company, insures, as of Date of Policy shown in Sc
Schedule A, sustained or incurred by the insured by
1. Title to the estate or interest described in sc~" ,I eJilb, . arketability of the title;
vested other than as stated therein;,~,\iEf~~!-:1:,R} of a right of access to and from the land.
2. Any defect in or lien or encumbrance on the tiVI.~ ~~ (I ,
The Company also will pay the costs, attorneys' fee4, ' ~<<' ,', ,. eft!i. ' se of the title, as insured, but only to the extent provided
in the Conditions and Stipulations. '~':11 ~..r::, l:~.' I iltlll <<
111~~ ~RAGE '
The following matters are expressly excluded fr\ t~bv' a \~y and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason~~~::i,::::'J. ,;!~~ :~\
1. (a) Any law, ordinance or governmental regL11~- . "i wtif10t known to the Company, not recorded in the public
but not limited to building and zoning laws, orlllnan ,--_\j -=_~rds at Date of Policy, but known to the insured claimant
regulations) restricting, regulating, prohi~J!iIJQ.JlLiiilli 1-- -LW'.<*ili not disclosed in writing to the'Company by the insured
to (i) the occupancy, use, or enjoyment of the la'19; (ii) the ,,', ~~;:mnant prior to the date the insured claimant became an
character, dimensions or location of any improvement OO~~' insured under this policy;
or here~fter erected ~n the. land;, (iii) a separation in ... (c) resulting in no loss or damage to the insured claimant;
ownership or a chan~e In the dlme~slons or area of the la~d (d) attaching or created subsequent to Date of Policy' or
or any parcel of which the land IS or was a part; or (IV) . , , '
environmental protection, or the effect of any violation of (e) result!ng I~ loss ,or damage, which would. not have been
these laws, ordinances or governmental regulations, sustained. If the I,nsured clalm,ant ~ad paid value for the
except to the extent that a notice of the enforcement thereof estate or Interest Insured by this policy.
or a notice of a defect, lien or encumbrance resulting from a 4. Any claim, which arises out of the transaction vesting in the
violation or alleged violation affecting the land has been insured the estate or interest insured by this policy, by reason of
recorded in the public records at Date of Policy. the opera~ion of federal bankruptcy, state insolvency, or similar
(b) Any governmental police power not excluded by (a) above, creditors' rights I~ws that ~s based on: , .
except to the extent that a notice of the exercise thereof or a (a) th~ tran~actlon, creatll1g the estate or Interest Insured by
notice of a defect, lien or encumbrance resulting from a thiS polley being deemed a fraudulent conveyance or
violation or alleged violation affecting the land has been fraudulent transfer; or
recorded in the public records at Date of Policy, (b) the transaction creating the estate or interest insured by
2. Rights of eminent domain unless notice of the exercise thereof this policy being d,eemed a preferential transf~r except
has been recorded in the public records at Date of Policy, but where the preferential transfer results from the failure:
not excluding from coverage any taking which has occurred (i) to timely record the instrument of transfer; or
prior to Date of Policy which would be binding on the rights of a (ii) of such recordation to impart notice to a purchaser for
purchaser for value without knowledge. value or a judgment or lien creditor.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
FROM COVERAGE CONTAINED IN SCHEDULE 8 AND THE
RPORATION, a Virginia corporation, herein called the
age, not exceeding the Amount of Insurance stated in
....-...--.......___...........I_............~.................I_..~.I_......u....r_.................l_............~.......-.......~._
POlicy 136 . Litho In U,S,A,
Q35.0-136-0006 Cover Sheet AlTA Owner's Policy (10-17.92)
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next qf kin, or corporate or
fiduciary successors,
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land,
(d) "land": the land described or referred to in Schedule A, and im.
provements affixed thereto which by law constitute real property, The term
"land" does not include any property beyond the lines of the area described
or referred to in Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access to and from
the land is insured by this policy,
(e) "mortgage": mortgage, deed oftrust, trust deed, or other security
instrument.
(I) "public records": records established under state statutes at Date
of Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge, With respect
to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall
also include environmental protection liens filed in the records of the clerk
of the United States district court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affec-
ting the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy
in favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money mor-
tgage given by a purchaser from the insured, or only so long as the insured
shall have liability by reason of covenants of warranty made by the insured
in any transfer or conveyance of the estate or interest, This policy shall not
continue in force in favor of any purchaser from the insured of either (0 an
estate or interest in the land, or (ii) an indebtedness secured by a purchase
money mortgage given to the insured,
3. NOTICE OF CLAIM 10 BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (0 in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is adverse
to the title to the estate or interest, as insured, and which might cause loss
or damage for which the Company may be liable by virtue of this policy, or
(iii) if title to the estate or interest, as insured, is rejected as unmarketable,
If prompt notice shall not be given to the Company, then as to the insured
all liability of the Company shall terminate with regard to the matter or matters
for which prompt notice is required; provided, however, that failure to notify
the Company shall in no case prejudice the rights of any insured under this
policy unless the Company shall be prejudiced by the failure and then only
to the extent of the prejudice,
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT 10 COOPERATE.
(a) Upon written request by the insured and subject to the options con-
tained in Section 6 of these Conditions and Stipulations, the Company, at
its own cost and without unreasonable delay, shall provide for the defense
of an insured in litigation in which any third party asserts a claim adverse to
the title or interest as insured, but only as to those stated causes of action
alleging a defect, lien or encumbrance or other matter insured against by
this policy, The Company shall have the right to select counsel of its choice
(subject to the right of the insured to object for reasonable cause) to repre-
sent the insured as to those stated causes of action and shall not be liable
for and will not pay the fees of any other counsel. The Company will not pay
any fees, costs or expenses incurred by the insured in the defense of those
causes of action which allege matters not insured against by this policy,
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be, necessary or desir~ble to establish the title to the estate or interest,
)
CONDITIONS AND STIPULATIONS
as insured, or to prevent or reduce loss or damage to the insured. The Com-
pany may take any appropriate action under the terms of this policy, whether
or not it shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this policy. If the Company shaI exercise its rights under
this paragraph, it shall do so diligently,
(c) Whenever the Company shaD haYs brought an action or interposed
a defense as required or permitted by the provisions of this policy, the C0m-
pany may pursue any litigation to flOa/ determination by a court of competent
jurisdiction and expressly reserws the right. in its sole disaetion. to appeal
from any adverse judgment or order:
(d) In all cases where this poHcy permits or requires the Company to pro-
secute or provide for the defense of any action or proceeding, the insured
shall secure to the Company the right to so prosecute or provide defense
in the action or proceeding, and all appeaJs therein, and permit the C0m-
pany to use, at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured, at the Company's expense, shaH
give the Company aU reasonable aid (0 in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or pro-
ceeding, or effecting settlement, and 00 in any other lawful act which in the
opinion of the Company may be necessary or desirable to establish the title
to the estate or interest as insured, If the Company is prejudiced by the failure
of the insured to furnish the required cooperation. the Company's 0bliga-
tions to the insured under the policy shaD terminate, including any liability
or obligation to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Con-
ditions and Stipulations have been provided the Company, a proof of loss
or damage signed and sworn to by the insured claimant shaH be furnished
to the Company within 90 days after the insured claimant shall ascertm the
facts giving rise to the loss or damage, The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the title. or other matter
insured against by this poHcy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage, If the Company is prejudiced by the faiure of the insured
claimant to provide the required proof of loss or damage, the Company's
obligations to the insured under the policy shaD terminate. including any Iiabiity
or obligation to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the Company
and shaH produce for exarrination, inspection and CQJ7ii1Q, alsuch reasonable
times and places as may be designated by any authorized representative
of the Company, all records. books,ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any author-
ized representative of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records. books. ledgers, checks. cor-
respondence and memoranda in the custody or control of a third party. which
reasonably pertain to the loss or damage, AD information designated as c0n-
fidential by the insured claimant pr<Mded to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment
of the Company, it is necessary in the administration of the claim. Failure of
the insured claimant to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that claim.
6. OPTIONS 10 PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF UABILITY.
I n case of a claim under this policy. the Company shall haYs the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance..
To pay or tender payment of the amount of insurance under this poicy
together with any costs, attorneys' fees and expenses incurred by the i~ed
claimant, which were authorized by the Company. up to the time of payment
or tender of payment and which the Company is obligated to pay.
Upon the elCercise by the Company oflhis opOOn. aI iabiIity and obIga-
tions to the insured under this policy, other than to make the payment required,
shall terminate, including any liability or obligation to defend. prosecute, or
continue any litigation, and the policy shaD be surrendered to the Company
for cancellation,
(b) To Payor Otherwise Settle With Parties Other than the Insured
or With the Ihsured filaimant.
(0 to pay or otherwise settle with other parties for or in the name
. COIIIinued on next page d ccww ."..,
"
...,...'?,.,... .'.
r.., LandAmeri,a . ,)
~ Lawyers Title
,f. ~
lawyers Title Insurance Corporation
SCHEDULE A
OWNER'S POLICY
CASE NUMBER
3070339
DATE OF POLICY
July 14, 2004
at 4:11 pm
AMOUNT OF INSURANCE
$184,752.97
ENDORSEMENTS POLICY NUMBER
136-00-702884
1. NAME OF INSURED:
AUGUSTA, GEORGIA, A POLITICAL SUBDIVISION OF GEORGIA
2. THE ESTATE OR INTEREST IN THE LAND WIllCH IS COVERED BY THIS POLICY IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
Insured
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLWWS:
All that lot, tract or parcel of land, with improvements thereon, situate, lying and
being in the State of Georgia, County of Richmond being designated as Tract "A"
containing 54.0 acres, more or less, and Tract "A1" containing 2.3 acres, more or less,
on that certain plat dated June 17, 2004 prepared by Cranston, Roberson & Whitehurst,
P.C. for Augusta, Georgia, which plat is recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia in Realty Book 1, page 391, reference being
made to said plat for a more complete and accurate description of the metes, bounds,
courses, distances and location of said property.
This being the same property conveyed to the Insured herein by Deed of Elna A. Lombard,
Sam P. Johnson, Barbara H. Johnson, John Clements and Carol A. Clements, dated June 29,
2004, filed for record July 14, 2004, and recorded in Deed Book 939, page(s) 916,
aforesaid records.
j
Issued at Augusta, Georgia
Deborah M. Lengsas
Countersignature Authorized Officer or
Policy 136
This Policy is invalid unless cover
sheet and Schedule B are attached.
ALTA Owners Policy (10-17-92)
Form 4100-100
. .' · 1 CONDITIONS AND STIPULATIONS-CONTINUED .. ' ·
of an insured claimant any claim insurEkl against under this policy, together 10. REDUCTION OF INSURANC~ REDUCTION ORTERMINRlON OF
with any costs, attorneys' fees and expenses incurred by the insured c1aim- LIABILITY. .
ant which were authorIZed ,by the Company up to the time of payment and All payments under'this P<>IicY except payments made for costs, attorneys'
which the Company IS obligated to pay; or fees and expenses shall red~ the amount of th ' tanto
(ii) to payor otherwise settle with the insured claimant the loss or ' e rnsurance pro .
damage provided for under this policy, together with any costs, attorneys' 11. L1,ABILITY NONCUMULJmVE.
fees and expenses incurred by the insured claimant which were authorized It IS expressly understood that the amount of insurance under this policy
by the Company up to the time of payment and which the Company is obligated shall be reduced by any amount the Company may pay under any policy
to pay, insuring a mortgage to which exception is taken in Schedule B or to which
Upon the exercise by the Company of either of the options provided for the insured h~ agreed, assu~, or taken subiE:d, or which is hereafter exe-
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under cuted, by an Insured an,d whICh IS a charge or hen on the estate or interest
this policy for the claimed loss or damage, other than the payments required described or referred to In Schedule A, ~ the amount so paid shaU be deem-
to be made, shall terminate, including any liability or obligation to defend, ed a payment under thIS polICy to the rnsured owner:
prosecute or continue any litigation, 12. PAYMENT OF LOSS.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (a) Nopaymentshallbemadewithoutproducingthispolicyforendorse-
This policy is a contract of indemnity against actual monetary loss or ment of the payment unless the policy has been lost or destroyed, in which
damage sustained or incurred by the insured claimant who has suffered loss case proof of loss or destruction shaD be furnished to the satisfaction of the
or damage by reason of matters insured against by this policy and only to Company,
the extent herein described, (b) When liability and the extent of loss or damage has been definitely
(a) The liability of the Company under this policy shall not exceed the fixed in accordance with these Conditions and Stipulations, the loss or damage
least of: shall be payable within 30 days thereafter.
(Q the Amount of Insurance stated in Schedule A; or, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(ii) the difference between the value of the insured estate or interest (a) The Company's Right of Subrogation.
as insured and the value oHhe insured estate or interest subject to the defect, Whenever the Company shall have settled and paid a claim under this
lien or encumbrance insured against by this policy, policy, all right of subrogation shall vest in the Company unaffected by any
(b) In the event the Amount of Insurance stated in Schedule A at the act of the insured claimant.
Date of Policy is less than 80 percent of the value of the insured estate or The Company shall be subrogated to and be entitled to aD rights and
interest or the full consideration paid for the land, whichever is less, or if subse- remedies which the insured claimant would have had against any person
quent to the Date of Policy an improvement is erected on the land which orpropertyinrespecllolheclaimhadthispolicynotbeenissued.ffrequested
increases the value of the insured estate or interest by at least 20 percent by the Company, the insured claimant shall transfer to the Company all rights
over the Amount of Insurance stated in Schedule A, then this Policy is subject and remedies against any person or property necessary in order to perfect
to the following: this right of subrogation, The insured claimant shall permit the Company to
, (Q where no subsequent improvement has been made, as to any sue, compromise or settle in the name of the insured claimant and to use
partial loss, the Company shall only pay the loss pro rata in the proportion the name oHhe insured claimant in any transaction or litigaIion inIIoIving these
that the amount of insurance at Date of Policy bears to the total value of the rights or remedies,
insured estate or interest at Date of Policy; or If a payment on account of a daim does not fully COIIeI' the loss of the
, (ii) where a subsequent improvement has been made, as to any par_insured claimant, the Company shall be subrogated to these rights and
1Ia1loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the whole
120 percent of the Amount of Insurance stated in Schedule A bears to the amount of the loss,
sum of the Amount of Insurance stated in Schedule A and the amount If loss should result from any act of the insured claimant, asstatedabolle.
expended for the improvement. that act shall not void this policy, but the Company. in that event. shaJJ be
The provisions ofthis paragraph shall not apply to costs, attorneys' fees required to pay only that part of any losses insured against by this policy which
and expenses for which the Company is liable under this policy, and shall shall exceed the amount, if any,lost to the Company by reason of the impair-
only apply to that portion of any loss which exceeds, in the aggregate, 10 ment by the insured claimant of the Company's right of subrogation.
percent of the Amount of Insurance stated in Schedule A, (b) The Company's Rights Against Non-insured Obligors.
, (c) The Company will pay only those costs, attorneys' fees and expenses The Company's right of subrogation against oon-insured obligors shall
Incurred in accordance with Section 4 of these Conditions and Stipulations, exist and shall include, without limitation. the rights of the insured to indem-
a APPORTIONMENT. nities, guaranties, other policies of insurance 01' bonds. notwithstanding any
terms or conditions contained in those instruments which pnMde for subroga-
If the land described in Schedule A consists of two or more parcels which tion rights by reason of this policy,
are not used as a single site, and a loss is established affecting one or more 14. ARBITRATION.
of the p~rcels but not all, the loss shall be computed and settled on a pro
rata basIS as If the amount of Insurance under this policy was divided pro Unless prohibited by app~cable law, either the Company or the insured
rata as to the value on Date of Policy of each separate parcel to the whole, may demand arbitration pursuant to the Title lrlSlB'ance Arbitration Rules of
exclUSive of any Improvements made subsequent to Date of Policy, unless the American Arbitration Association, Arbitrable matters may include, but are
a liability or value has otherwise been agreed upon as to each parcel by the not limited to, any controversy or claim between the Company and the insured
Company and the insured at the time of the issuance of this policy and shown arising out of or relating to this policy. any service of the Company in connec-
by an express statement or by an endorsement attached to this policy, tion with its issuance or the breach of a policy proYision or other obligation.
All arbitrable matters when the Amount of Insurance is $1.000.000 or less
9. LIMITATION OF LIABILITY. shall be arbitrated at the option of either the Company 01' the insured. All
, (a) If the Company establishes the title, or removes the alleged defect, arbitrable matters when the Amount of Insurance is in excess of $1,000000
lien or encumbrance, or cures the lack of a right of access to or from the land, shall be arbitrated only when agreed to by both the Company and the ~ed.
or cures the claim of un marketability of title, all as insured, in a reasonably Arbitration pursuant to this policy and under the Rules in effect on the date
diligent manner by any method, including litigation and the completion of the demand for arbitration is made or, at the option of the insured, the Rules
any appeals therefrom, it shall have fully performed its Obligations with respect in effect at Date of Policy shall be binding upon the parties. The award may
to that matter and shall not be liable for any loss or damage caused thereby, Include attorneys' fees only if the laws of the state in which the land is located
(b) In the event of any litigation, including litigation by the Company or permit a court to award attorneys' fees to a prevailing party, Judgment upon
with the Company's consent, the Company shall have no liability for loss or the award rendered by the Arbitrator(s) may be entered in any court having
damage until there has ,been a final determination by a court of competent jurisdiction thereof. '
Junsdlctlon, and dlsposillon of all appeals therefrom, adverse to the title as The law of the situs of the land shan apply to an arbitration under the
insured Title Insurance Arbitration Rules,
(c), The Company shall not be ~able for loss or damage to any insured A copy of the Rules may be obtained from the Company upon request.
for ~abihty voIuntanly assumed by the insured in settling any daim or suit without 15. LIABILITY LIMITED 10 THIS POLICY; POLICY ENTIRE CONTRACT.
the prior written consent of the Company, (a) This policy together with all endorsements, if any. attached hereto
c:otUIu8d on remainder 01 CXMlt' strBet
CONDITIONS AND STIPULATIONS-CONTINUED
I:ly the Company is the entire policy and contract between the insured and 16. SEVERABILITY.
the Company. In interpreting any provision of this policy, this policy shall be In the event any provision of the policy is held invalid or unenforceable
construed as a whole. under applicable law, the policy shall be deemed not to include that provi-
(b) Any claim of loss or damage, whether or not based on negligence, sion and all other provisions shall remain in full force and effect.
and which arises out of the status of the title to the estate or interest covered 17. NOTICES, WHERE SENT.
hereby or by any action asserting such claim, shall be restricted to this policy. All notices required to be given the Company and any statement in writing
(c) No amendment of or endorsement to this policy can be made ex- required to be furnished the Company shall include the number of this policy
cept by a writing endorsed hereon or attached hereto signed by either the and shall be addressed to its Corporate Headquarters, 6630 West Broad Street,
President, a Vice President. the Secretary, an Assistant Secretary, or validating Richmond, Virginia 23230. Mailing address: P.O. Box 27501, Richmond,
officer or authorized signatory of the Company. Virginia 23261.
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is countersigned by an
authorized officer or agent of the Company, all in accordance with its By-Laws.
Attest: 4L4 k{-
/t/" Secretary
R~~~~~~~~~~~?~~lll fu.,wyers 1ftle Insurance @poration
:' : -.- -.1",
f~/~JC'stx \~~ By: r
~3-\"'uHu!~: () /ltl/1~_+
\~\. 1925 ......ff . ~~
""" ~~~;;..~.~..~~'.:-/ President
\\V,\.,~~....,__--
.............--......_.......-............~..........................I_.........................................................~.__......~
POLICY OF TITLE INSURANCE
A WORD OF THANKS. . .
As we make your policy a part ,of our permanent records, we want to express our appreciation of this evidence of your faith in
Lawyers Title Insurance Corporation.
There is no recurring premium.
This policy prcMdes valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference.
If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to:
Consumer Affairs Department
k.~1.ftle Insurance @poratlon
P.o. Box 27567
Richmond, Virginia 23261
. , . . , TOll FREE NUMBER: 1-800-446-7086 . , , ,
...~..r-.....____.~...d...-_--..r-...~..~..__..~.__..~..I_.~..~.I_.__..____.-..InIII..~.~.~.__.~..r-........r-.
r.., LandAmerica .
.. Lawyers litle.
'-
'''-
Lawyers Title Insurance Corporation
SCHEDULE B
OWNER'S POLICY
CASE NUMBER
3070339
POLICY NUMBER
136-00-702884
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. All taxes for the year 2004 and subsequent years, and any additional taxes which may
result from a reassessment of caption property.
2. Rights of way for public roadsi easements for roadways, passageways or utility lines,
cemeteries or burial plotsi and adverse claims by persons in actual possession, to the
extent that any of such matters are not disclosed by the public records but would be
evident from a careful visual inspection of the property.
3. Restrictive covenants recorded in Realty Reel 939, page 919, aforesaid records.
NOTE: This exception omits any covenant, condition or restriction based on race, color,
religion, sex, handicap, familial status or national origin, unless and only to
the extent that the restriction is not in violation of state or federal law, or
relates to a handicap, but does not discriminate against handicapped people.
4. Rights of upper and lower riparian owners in and to the waters of Butler Creek and the
natural flow thereof, free from diminution or pollution.
5. Rights, if any, of the property owners abutting the Lombard Pond and related spillways,
in and to the waters of the pond, and in and to the bed thereofi also boating and
fishing rights of property owners abutting the pond or the stream of water leading
thereto or therefromi this policy does not insure the right to have the waters of said
pond maintained at any specific level nor does it insure any rights in said pond as
being incident to the ownership of caption property.
NOTE:
Attention is directed to the fact that the insuring provisions of this policy do
not insure against loss by reason of any computational errors in the
determination of the size of the area located within the boundary lines of the
land as described in Schedule A hereof.
July 3D, 2004
Policy 136
ALTA Owner's Policy (10-17-92)
Form 4100-100
'-
-~
lO'60:09:g~ vOOl1L~/80 9LL880vOOl
Aluno~ PUOWlP!~ - e~sn5n't Z990:9v600 >1008
.
~
Q'
~;!: ~
!:c;: ~ !-aJ;!: i
..J8 t;;:: ~.... 0
a.: 14: I ~ ~~ ~ ~
~~\..~ d~ ~~ ~
a.op !-aJ is;!: )..
~~~~ ~~ ai~&i~
V)~~V) ~;!: !S)..~~
~-~~g:~ ~;g< ~Q)t::.~
r::: ;.x:OeJ-q: :5l: ~G:l~~
~ ~~Q::~ ~h:! Q:: ~~
ti: i a.: :S:.: . ~ '0( -q: ~ ~
!:: \,oJ::::i < Su!):: ..JQ)OQ.:
P.; ~Q::C!J~i!; a ~0Ci)~
<:$ ~~~-q:t.:iiS~ ~\,oJ~8
::5~Q""~~ P.:;oV)
~\,)~~~V)lM ~~~~
-q:-q:~Q:!~ "<....~~
~V)t. 'O(J::el-:Q:::St-:~
~~ff!~5""Qt1!~a.:~~
IOJ:J:: ~Ci):S;;: ;;::CI) :t
~B~,,<....a.:~~::J~~o
1..~~~lI)lI)l4:-l.. S:,..J
:i'!~"'I,i]~3= ",3!~o!-U
t;;::Qj..,a.::::Jt;;::~<oF::::OV)~
'; /
/
I
/
I
/
- -
,g9'ert 3..PZ,9p.QZN --
NOll 'Van03 .:10 O~'V08
ALNnOa < ONOrfHa/~
'(j)
/
/
,90'09
3"frr,LO.rcN
c:i~
~~~
i ~ ffi~
~o
"":>~
.r
-@
o ~ ~
~ ; /51
~ ~ Z
. 1 -.;;.. It:
~ Q ~
,. ~ ~
0:::)
<~ 14: ~
::J~ ~
~ In Q::
e5 ~ '0(
@;a ~
!t:~o
a.: - ....,
I~
""
~
\'
\
1108 ,.1 X,.l
I
/
/
I ~
~
~..
J
./
~~-:-:='<~_~::_-:-_._~~~__'-- . _':.-::~::-:-__~-L:
<. ZO'60:09:9~ vOOZ/H/90 '\
i Aluno~ PUOWlP!~ - e~sn5n't 1
:a:>!Uo S!lI~ U! pal!.:! .
--- -!::S - ------- -.-- /
~ .
~gi ~~~~. ~ ~~ .
~< ~~< ~p';:q:<!t:t,S ~~~
eio O<:$~~~ Ci);( Q
~:x::;: e:-q:~Qf1f )..(:)cS
.... ~ .,~S.) ~~~ Q:: I.
, ei < ~;e~
~~~ ~~:s~ ~~.l
~~l5~ ~~a:63~~9~
~~~~ ~~2m~~ ~~~
CIi :q:UJ wot3~Q.h QO
~~l.&.i!-aJ ~!-aJQj!,ij~- ~).. :t
~~:-i~ ~Qj<nQ:~~ ~lb~
~.....;oc i....~~l::: ,~
~~....~ ~.... )..~~ B~~ .
i,U:J:~ei _lbQ:(.!S ~....Q:: .
Q:::t:a:~ <n9 ~t,S ai~Q~
~~~~ ~~~~~cS ~~~~
,~:t~ ~ ~~(;)~ Q:~"" ~
~<Q:~~ ~~....~~~ ~~~C'f
8~~"" ~~~~~~?;~ti~
~Q f;3 ~~Q~ ~ o~
~~~tt: ~~<5Q:"'-::;' ~2i~~
....~_ -q: t;;::t;;::Qoo-q: Ci)L&:.-q:""S
..: c-.i P1
JlO 'gr..!_
M"rO,frq.lcS
11TH STREET
- -
~
Cl
\Ci
-
,t'\j
I~
I~
I~
i--..
10
<:
~
~
~.....
~~
~-V>
~<.~~
~~
~
~
~ I
S CII
6 ~ ~
... '-
c!.. . If} .:
d .- ~ ~ ~
z
III ~ i ~ ~
~~QDQ.
.... ........
~ ~ ~ <~.
~ ~ ~ ~
~ ~ ~ ~
<~ fi:l ~ ~
~~~~
~ ~ I
~ I' ~ ~
I ~ I ~
~~~~
~'S.~~
-''IN
s:. ~
"l C'f
l-Ino~ Jopadns JO >lJal~
UOSUlIor . ~ aU!el3
-~------ .
~~
:iI-
o
II)
~
~
:iI i
!
o
8-
---"'-"-~-'I""':'.
~
It:
i1
I-
is
~
~~ .~
u~ u
E1li! c Ii!
~Ip.. ~ ~
fa ~ii!
a:l Q. I
~~
b ~
~ b
<
~ ~ - -
~ ~ h g
~ ~ ~ ~ \I
~ ~ ~.~ =
5 ~ I ~,~ ~
~
~ ~
~ ' ~ II
~ ~ Jl I
~~ ~~:o&1
~ ~~ ~ i~~I.
~ ~~ ~ l;K3U
~lBiilli~
;',!~Gi
o 9~
ii2 .
\
I
I
I
l
.
I
8
I
.
I
I
I
I
1
.
.
.
d
~
I
!
I
I
~
I
t
I
I