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8N Consent 2008 0902
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8N Consent 2008 0902
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Last modified
8/29/2008 9:33:58 AM
Creation date
8/29/2008 9:33:56 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/2/2008
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PERM
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_CC Agenda 2008 0902
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0902
RDA Reso 2008-023
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
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AMERICAN LAND TITLE ASSOCIATION <br />RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) <br />EXCLUSIONS <br />In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: <br />1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and <br />zoning ordinances and also laws and regulations concerning: <br />* Land use * Improvements on the land * Land division * Environmental protection <br />This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy <br />Date. <br />This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. <br />2. The right to take the land by condemning it, unless: <br />* a notice of exercising the right appears in the public records <br />* on the Policy Date <br />* the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking <br />3. Title Risks: <br />* that are created, allowed, or agreed to by you <br />* that are known to you, but not to us, on the Policy bate -- unless they appeared in the public records <br />* that result in no loss to you <br />* that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in ltem <br />8 of Covered Title Risks <br />4. Failure to pay value for your title. <br />5. Lack of a right: <br />* to any land outside the area specifically described and referred to in Item 3 of Schedule A <br />OR <br />* in streets, alleys, or waterways that touch your land <br />This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. <br />AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) <br />WITH ALTA ENDORSEMENT -FORM 1 COVERAGE <br />EXCLUSIONS FROM COVERAGE <br />The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, <br />costs, attorneys' fees or expenses which arise by reason of: <br />1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or <br />regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the <br />character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership <br />or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental <br />protection, or [he effect of any violation of these laws, ordinances or governmental regulations, except to the extent that <br />a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged <br />violation affecting the land has been recorded in the public records at Date of Policy. <br />(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or <br />a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded <br />in the public records at Date of Policy. <br />2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records a[ Date of Policy, but <br />not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a <br />purchaser for value without knowledge. <br />3. Defects, liens, encumbrances, adverse claims or other matters: <br />(a) created, suffered, assumed or agreed to by the insured claimant; <br />(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not <br />disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this <br />policy; <br />(c) resulting in no loss or damage to the insured claimant; <br />YAELAi. 13.06 PAGE 3 OF g <br />
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