HomeMy WebLinkAboutO-1194ORDINANCE NO. MA
AN ORDINANCE AMENDING ORDINANCE NO. 557
KNOWN AS THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as
follows:
The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975,
together with the Zoning Map of the City of Fairhope, be and the same hereby is changed
and altered in respect to that certain property described below:
The appropriate public notice and hearing of, the Planning and Zoning Commission of the
City of Fairhope, Alabama, has forwarded a favorable recommendation.
The property of Betty Rejczyk located at 202 South Mobile Street, Fairhope Alabama
Legal Description: ( Case number ZC 03.15)
Lots one (1), Block five (5), Division Two (2) of the land of lessor in the City of Fairhope,
Alabama as per its plat thereof filed for record Sept. 13, 1911; Frac'I Section 18, T6S, R2E
Baldwin County, Alabama.
A map of the property to be re -zoned is attached as Exhibit A
The classification of said property is hereby changed from R2 Single Family
Residential To 63A Tourist Resort Lodging District. This property shall hereafter be
lawful to construct on such property any structures permitted by Ordinance No. 557 and to
use said premises for any use permitted or building sought to be erected on said property
shall be in compliance with the building laws of the City of Fairhope and that any structure
shall be approved by the Building Official of The City of Fairhope and that any such
structure be erected only in compliance with such laws, including the requirements of
Ordinance No. 557.
Severability Clause - If any part, section of subdivision of this ordinance shall be held
unconstitutional or in valid for any reason, such holding shall not be construed to invalidate
or impair the remainder of this ordinance, which shall continue in full force and
effect notwithstanding such holding.
Effective Date - This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
APPROVED BY THE CITY COUNCIL THIS12 th DAY OF January , 200
M.
Attest:
niece W. Johnson, City CI k asurer
S:
h Ave.
, AL 36532
LEASE
12-04-03A(
THIS LEASE, MADE THIS 2nd DAY OF October, 2003 , BY AND BETWEEN FAIRHOPE SINGLE
TAX CORPORATION; "LESSOR"; OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, AND
Betty Kay Reiczyk -
202 S. Mobile e St. OF FairhoRe, AL , HEREINAFTER DESIGNATED AS THE "LESSEE."
WITNESSETH: THAT THE SAID FAiRHOPE SINGLE TAX CORPORATION; FOR AND IN CONSIDERATION OF THE ANNUAL
RENTALS AND COVENANTS HEREINAFTER MENTIONED, HAS THIS DAY LEASED TO AND SAID LESSEE TAKEN POSSESSION
OF THE FOLLOWING DESCRIBED PORTION OF LAND, TO WIT:
Lot one f ), Block five, (5),-Divisidn two (2)-of•the•land-of lessor in the City -of Fairhope,,
CAlabama as per its plat thereof.filed.for record Sept..13, 1911; Frac'1 Section 18, T6S, R2E,
Baldwin County, Alabama._ a
D
OCT 7 2003
FOR THE TERM OF NINETY-NINE YEARS FROM TIIIS DATE SUBJECT TO THE CONDITIONS HEREIN STATED. PROTECTIONS
INDICATED FOR MORTGAGEE(S) WILL BE ENFORCED IF MORTGAGE INSTRUMENTS ARE RECORDED IN PROBATE.
(1) The said Lessee, his heirs, or successors, shall pay to the said Fairhope Single Tax Corporation, its successors or assigns, in equal
payments, on the first days of January and July each year, the annual rental value of said land, exclusive of his improvements thereon, to be determined
by the said Corporation through its Executive Council or Board of Directors, under its avowed principle of so fixing the rentals of its lands as to
equalize the varying advantage of location and natural qualities of dif Brent tracts and convert into the treasury of the Corporation for the common
benefit of its Lessees, all values attaching to such lands, exclusive of improvements thereon. And the said Lessee, for himself and his heirs, hereby
expressly agrees that the said annual rent shall be determined by the said Corporation upon the principle just stated, and shall be expended by said
Corporation, subject to the conditions hereinafter stated
(2) Lessee agrees not to authorize or permit any nuisance on the leasehold land, to comply with any applicable laws and ordinances of the City
of Fairhope, County of Baldwin, and Stale of Alabama, and further agrees that Lessee will, by no act or omission to act, render Lessor liable for any
violation of such city laws or ordinances or county or state laws.
(3) hi consideration of the agreement of said Lessee to pay the rentals herein provided for, the Fairhope Single Tax Corporation will pay all
taxes, upon the land leased and the improvements and personal property (moneys and credits excepted) held by Lessee upon the land herein leased; or
will accept from the Lessee on rent, receipts of the County Tax Collector or Clerk of City of Fairhope, for taxes paid to State, County, School Districts,
or City, upon die improvements and personal property (moneys and credits excepted) held by Lessee upon the land herein leased; or, if all rent due be
paid, will give him a certificate in amount equal to such acceptable tax receipts remaining, receivable from bearer at face value on rent, or in discharge
of any indebtedness to the said Corporation; provided that said Lessee will appoint whomsoever may be designated by the Corporation as his agent to
return his property for taxation where permitted by law so to do; that in no event shall the Corporation be bound to accept tax receipts on more than a
fair assessed valuation of the property, on the basis required by law, or to a greater amount for any year than the rent for than year on the land on which
such improvements and personal property are held.
(4) And tine said Fairhope Single Tax Corporation further agrees in consideration of the covenants of the said lease herewith evidenced, that no
part of the rents paid by Lessee upon the land herewith leased, shall be appropriated as dividends to its members or any other persons, but that all shall
be administered as a trust fund for the equal benefit of those leasing its lands.
(5) And the said Corporation still further agrees, tiiat in the distribution of the benefits which its purpose is to secure for residents upon its
lands, no distiaction shall be made between individuals, whether members of the Corporation or not, but that with the exception of the right of
members as participants in the government of die Corporation, all shall be treated with strict equality.
(6) It is mutually agreed that time is of the essence of this lease and that in the event Lessee shall fail to pay rent when the same is due or
violate any of the other conditions of this lease and said breach remains uncorrected for a period of ninety (90) days, Lessor may declare a default and
give written notice thereof by registered mail or its equivalent to Lessee and to any mortgagee (of the improvements on the leased land) at the last
address of such mortgagee known to Lessor and will add interest on said rent payment from date due, at the then legal interest rate declared by the
State of Alabama, and Lessor shall have a lien for the rent and the interest thereon to the date of reinstatement of the lease or sale as hereon provided,
whichever last occurs. In the event Lessee fails to correct a rent deficiency within 90 days of any breach thereof, Lessor agrees to notify mortgagee by
registered mail of such default and Lessor hereby grants to mortgagee 60 days, beginning from the date of receipt of such notice, to cure Lessee's rental
default. Further, die mortgagee will be given 30 days written notice of die time, place and terns of sale of die property. In the event that the rent and
interest thereon are not paid within six months after due date and said rent default has not been corrected by Lessee or mortgagee within sixty (60) days
from date of written notice, then Lessor reserves ilia right (and Lessee agrees) at 1.4wors.option to re-enter the said leased land and to sell said
mortgaged improvements at public sale at the front door of ilia Baldwin County Courthouse located in Fairhope, Alabama, for cash to the highest
bidder, after fast giving thirty (30) days written notice of die time, place and terms of sale, together with a description of the property to be sold by
publication once a week for three consecutive weeks in a newspaper of general circulation in Fairhope, Alabama, and Lessor, its agent or attorney,
may conduct such sale and make and execute in tine name of lie Lessee proper conveyance of the property to the purchaser and the Lessee hereby
waives all right of redemption. The proceeds of said sale shall apply, rust to die payment of the costs of said sale, including a reasonable attorney's fee,
second, to die payment of ilia amount of said indebtedness (including interest and reasonable attorneys fee) which is secured by mortgages, to the
holders thereof, third to the payment of any indebtedness to the Corporation, and the balance, if any, to be paid over to Lessee. The sale of the
improvements by the foregoing procedure shall terminate all rights under this lease, provided, however, the purchaser at such sale, at purchaser's
option, may remove any improvements on the land
(7) The Fairhope Single Tax Corporation agrees that in case of its dissolution, either by voluntary act of its members or otherwise, and the
division of its assets among its members, the said Lessee, if a member, shall be entitled to have the land herein described and leased - or so much of it
as he may designate - included in his portion, at its actual value at the time, exclusive of improvements thereon, and if it exceed in value such portion,
to purchase the excess at such valuation. If not a member, the Lessee may at such time acquire title to the land herein '.e med by paying to the
Corporation its actual value exclusive of improvements upon it.
(8) The Fairhope Single Tax Corporation believes its title to Uie lands herein leased to be good, mid will use every proper means in its power to
maintain ilia same; but it is distinctly understood that die Corporation, acting only with the benevolent purpose to secure land and administer it for the
benefit of tinose who may desire its use, shall not be held liable for any losses resulting from defects in its title.
FSTC95 Page I of 2
Tlria document prepared by Fairhope Single Tax Corporation
336Fairhope Avenue
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FAICZI-TOPE PLANNING COMMISSION lZ /�
FINAL REPORT OF ZONING AMENDMENT ! %03
Text Change to Zoning Ordinance
Request for change of Zonm<o District
nt�
Description and Map is attached
The C nunission has held a public hearing on this matter prior to this final report and wishes
to rep rt to the Fairhope City Council as follows:
We (Do) (Do Not) recommend the proposed zoning text changes as wise,
expedient and necessary for the benefit of the City
We find that the proposed zoning district change (Is) (Is Not) in conformity
with the comprehensive plan and in the best interests of the City as a whole, and
(Do) (Do Not) Recommend that the City Council adopt an ordinance
implementing the proposed changes as provided by I;.wv.
\young Avc
M
Respectfully submitted:
Rev. 919S
M-1,
CITY OF FAIRHOPE r
CITY COUNCIL COVER SHEET
12 January 2004
ZC 03.15 Public Hearing to Consider the Request of Ms. Betty Rejczyk for a
Zoning Change from 112-Single Family to B3A Tourist Resort
Lodging District (Generally Located at the foot of Fels and Sc. 98)
Ms. Rejczyk owns this 13,000+ sq. ft. lot, she wishes to construct and run a bed and
breakfast at this location. The property is located immediately south of the Bluff
overlooking the Municipal Pier. This is the site of the old Forsman house that was
demolished several years ago. The property is currently zoned R2. The property to the
North, and East is all zoned 133A. The property immediately to the south is zoned R2. (See
map attached). This property was considered by the Commission approximately 12 years
ago. At that time the application was denied because of parking issues.
The issues associated with this request are as follows:
Comprehensive Plan: The plan seeks to increase the tourist trade in Fairhope, as it is a
primary industry. In that regard the plan would support the application. However, the plan
also seeks to protect existing neighborhoods from major commercial intrusions. In this
regard the plan may notsupport the proposal 100% because of the existing R2 just to the
south of the property.
B3A: 133A is on 3 sides of the property.
Drainage: Obviously drainage is a major concern on top of the bluff. When building
permits are made (for a B+B or a house) we will carefully rieview the drainage plan. We
do not want to create a problem with bluff erosion.
Parking: Parking is a major question at this location. Customers at this location will have
to park on site. This is an issue that should be discussed at the meeting.
STAFF RECOMMENDATION:
The change to B3A to allow a B+B is not a great one — and thus the recommendation is
to approve — if parking can be worked out. They property is limited in size and scale by the
building coverage of 30%, building height of 30', front setbacks of 30', rear of 35' and 10'
on each side. This essentially means that the structure will be smaller than a house in R2
could be — because R2 has a coverage max. of 37% and B3A 30%. Since Ms. Rejcyzk
plans to live in the home it essentially means 2 or 3 rooms could be used for B+B rental.
Staff has received no complaints against the change. The parking should be addressed
and screened from Scenic 98 the Commission should get the agreement of the applicant.
The Planning Commission approved the request, the owner agreed to screen the parking
from the street.
fly Submitted for Consideration,
Christopher P. Baker, AICP
Director of Planning and Building
10/25/2004 14:51 FAX 2519287993
IRBY & HEARD, PC
Z 001
IRBY & HEARD, P.C.
ATTORNEYS AT LAW
SAM W. IRBY
317 MAGNOLIA AVENUE
GULF SHORES OFFICE
Direct Number (251) 929-2225
POST OFFICE BOX 1031
125 Cove Avenue
Email: samirby@irbyandheard.com
FAIRHOPE, ALABAMA 36533
Gulf Shores, Alabama 36542
MAILING ADDRESS
W. KENNETH HEARD
(251) 928-4555
Post Office Box 1031
Direct Number (251) 929-2224
FAX (251) 928-4599
Fairhope, Alabama 36533
Email: kenheard@irbyandheard.com
Email: lawfirm@irbyandheard.com
(251) 968-4763
FAX (251) 968-8212
FAX COVER SHEET
To: Ms. Geniece Johnson
Office: City of Fairhope
Fax #: 990-0107
Date: October 25, 2004
From: Nancy L. Payne
Message:
CONFIDENTIALITY NOTE: THIS FACSIMILE, AND ANY DOCUMENTS, FILES OR PREVIOUS FACSIMILE
MESSAGES ATTACHED TO IT, IS INTENDED FOR THE PERSON OR ENTITY TO WHICH IT IS ADDRESSED AND
MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL OR OTHERWISE PROTECTED FROM
DISCLOSURE. DISSEMINATION, DISTRIBUTION OR COPYING OF THIS FACSIMILE OR THE INFORMATION
CONTAINED IN THIS FACSIMILE BYANYONE OTHER THAN THE INTENDED RECIPIENT, ORAN EMPLOYEE OR
AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, IS PROHIBITED. IF
YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE IMMEDIATELY NOTIFY IRBY & HEARD, P.C., BY
CALLING THE RECEPTIONIST AT IRBY & HEARD, P.C., AT (251) 928-4555, AND DESTROY THE ORIGINAL
TRANSMISSION AND ALL COPIES AND ATTACHMENTS WITHOUT READING, COPYING, OR SAVING IN ANY
MANNER. THANK YOU.
Total Number of Pages 8 (including cover page).
F:1W DDOCSIIHDOCS\2546\045921fax\00090956.WPO
10/25/2004 14:51 FAX 2519287993 IRBY & HEARD, PC
Z 002
M^ Commonwealth ENDORSEMENT
Land Title Insurance Company
File No.: 04592
To be annexed to and form a part of Commitment Number 04592 insuring Sunrise Properties, L.L.C. as set forth
in said Commitment.
The said Commitment is hereby amended in the following manner:
SCHEDULE A is hereby amended as follows:
Re: The Baldwin County Eastern Shore Health Care Authority, an Alabama
Nonprofit Corporation, d/b/a Thomas Hospital
SCHEDULE A, Paragraph 2 is hereby amended:
2. Policy or Policies to be issued:
ALTA OWNER (10-17-92)
a. Proposed Insured:
Amount
550,000.00
The Baldwin County
Eastern Shore Health Care
Authority, an Alabama
Nonprofit Corporation,
d/b/a Thomas Hospital
SCHEDULE B - SECTION 1, Paragraph 1 is hereby amended as follows:
Instruments creating the estate or interest to be insured must be executed and filed for
record, to wit:
Delivery of Warranty Deed from David B. Lawrence and Jennifer P.
Lawrence, husband and wife, conveying the property described in
Schedule "A" to The Baldwin County Eastern Shore Health Care
Authority, an Alabama Nonprofit Corporation, d/b/a Thomas Hospital.
SCHEDULE A, Paragraph 4 is hereby amended as follows:
Commencing at the Southeast corner of the Southwest quarter of the Southeast quarter of Section 17,
Township 6 South, Range 2 East, Baldwin County, Alabama; thence run North, 663 feet to a point;
thence run West, 528.14 feet to the POINT OF BEGINNING; thence run South 89 degrees 31 minutes
49 seconds West, 266.99 feet to a point; thence run North 00 degrees 00 minutes 28 seconds East,
637.16 feet to a point on the South right-of-way line of Morphy Avenue; thence run East, along said
South right-of-way line of Morphy Avenue, 267 feet to a point; thence run South 00 degrees 00 minutes
28 seconds West, leaving said South right-of-way line of Morphy Avenue, 634.97 feet to the POINT
OF BEGINNING.
SCHEDULE B - SECTION 2, Paragraph 4 is hereby deleted.
SCHEDULE B - SECTION 2 is hereby amended as follows:
Form 1013
10/25/2004 14:51 FAX 2519287993 IRBY & HEARD, PC
R 003
File No.: 04592
Commitment Number 04592
ENDORSEMENT
(Continued)
Differences between actual and recorded distances and bearings on all sides of the property as shown on
survey by Johnny E. Holley dated September 24, 2004.
The total liability of the Company under said Commitment and any endorsements attached thereto shall not exceed,
in the aggregate, the face amount of said policy and costs which the Company is obligated under the provisions of
said Commitment to pay.
This endorsement is made a part of said Commitment and is subject to the exclusions, schedules, endorsements,
conditions, stipulations and terms thereof, except as modified by the provisions hereof.
Nothing herein contained shall be construed as extending or changing the effective date of said Commitment, unless
otherwise expressly stated.
IN WITNESS WHEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers on September 15, 2004.
Commonwealth Land Title Insurance Company
Alabama/Mississippi State Agency Office
Countersigned:
IRBY & HEARD, P.C.
By:
Authorized Agent
F:\WDDOCSNIHDOCS\2548\04592\end\00088580.WPD
Form 1013
10/25/2004 14:51 FAX 2519287993 IRBY & HEARD, PC
2004
Commonwealth
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT
Issued By
Irby & Heard, P.C.
Representing
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A
Re: Sunrise Properties, L.L.C., an Alabama Limited Liability Commitment No.: 04592
Company File No.: 04592
County: Baldwin
1. Effective Date: September 15, 2004 at 8:00 a.m.
2. Policy or Policies to be issued: Amount
ALTA OWNER (10-17-92) S 550,000.00
a. Proposed Insured: Sunrise Properties, L.L.C., an Alabama Limited
Liability Company
3. The estate or interest in the land described herein is Fee Simple at the effective date hereof vested in:
David B. Lawrence and Jennifer P. Lawrence
4. The land referred to herein is situated in Baldwin County, State of Alabama, and described as follows:
Beginning at the Southeast corner of Section 17, Township 6 South, Range 2 East, thence West 20 chains;
thence North 10 chains; thence West 8 chains to a POINT OF BEGINNING; thence North 10 chains;
thence West 4 chains; thence South 10 chains; thence East 4 chains to POINT OF BEGINNING located
in Baldwin County, Alabama.
Countersigned:
Irby & Heard, P.C.
317 Magnolia Avenue, P. O. Box 1031
Fairhope, AL 36533
By:
Authorized Officer or Agent
American Land Title Association Commitment
Schedule A Valid Only if Schedule B-1, Schedule B-2 and Cover are Attached
10/25/2004 14:52 FAX 2519287993 IRBY & HEARD, PC
Q 005
Commonwealth
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 1
The following are the requirements to be complied with:
Commitment No.: 04592
File No.: 04592
Instruments creating the estate or interest to be insured must be executed and filed for record, to wit:
Delivery of Warranty Deed from David B. Lawrence and Jennifer P. Lawrence, husband and wife,
conveying the property described in Schedule "A" to Sunrise Properties, L.L.C., an Alabama Limited
Liability Company.
2. Pay the full consideration to, or for the account of, the grantors or mortgagors.
3. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable.
4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed;
that contractor, subcontractors, labor and materialmen are all paid; and have released of record all liens or
notice of intent to perfect a lien for labor or material.
Payment and cancellation or satisfactory proof that David B. Lawrence is not one and the same person as
David Lawrence against whom Internal Revenue Service filed a Notice of Federal Tax Lien dated
January 15, 2001 and recorded February 1, 2001 as Instrument Number 581024, Page 1.
6. We should be furnished satisfactory proof in letter form that there are no assessments due the City of
Fairhope, Alabama.
We require delivery to us of a certified copy of a survey by a land surveyor registered in the State of
Alabama establishing the boundary line of the property described in Schedule "A" and showing any
encroachments which may exist on the property. We reserve the right to add additional requirements and
exceptions to this Title Insurance Commitment upon review of the survey required by this paragraph.
We require submission to us of certified copies of resolutions adopted by the Stockholders and Directors of
said The Baldwin County Eastern Shore Health Care Authority, an Alabama Nonprofit Corporation
d/b/a Thomas Hospital, authorizing the purchase of property described in Schedule "A"of this Title
Insurance Commitment and further authorizing the officers of the corporation to execute the closing
documents for purchase of the property described in Schedule "A" of this Title Insurance Commitment.
TAXES
All ad valorem taxes which have become due against the property described in Schedule "A" are marked PAID, said
property being assessed to Harris, James S. Alice S. for 2003 State, County and City of Fairhope, Alabama taxes
at a land valuation of $23,920.00. (Account Number 65573) (Receipt Number 1034393) (Tax District 05) (Parcel
Number 46-04-17-4-000-078.003) (Class Number 206). The ad valorem tax bill indicates that the 2003 taxes are paid
in the amount of $1,028.56.
(Continued)
Valid Only if Schedule A, Schedule B-2 and Cover are Attached
American Land Title Association Conunitment
Schedule B-1
10/25/2004 14:52 FAX 2519287993 IRBY & HEARD, PC
0006
1* Commonwealth
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B - SECTION 1
(continued)
Commitment No.: 04592
File No.: 04592
The above tax information has been based on the present tax valuation and classification as to use in the Office of
the Revenue Commissioner of Baldwin County but is subject to any future adjustment that maybe made by either
the Revenue Commissioner or the Board of Equalization of Baldwin County.
Valid Only if Schedule A, Schedule B-2 and Cover are Attached
American Land Title Association Commitment
Schedule B-Section 1 - Continued
10/25/2004 14:52 FAX 2519287993 IRBY & HEARD, PC Q 007
\*Commonwealth Commitment No.: 04592
COMMONWEALTH LAND TITLE INSURANCE COMPANY File No.: 04592
SCHEDULE B - SECTION 2
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
Taxes for the year 2004 and subsequent years and any taxes or special assessments which are not shown as
existing liens by the public records.
Rights or claims of parties other than Insured in actual possession of any or all of the property.
4. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments
which an accurate and complete survey would disclose.
Easements or claims of easements shown or not shown in probate records.
6. Unfiled mechanics' or materialmen's liens.
7. Anything to the contrary notwithstanding, this policy does not attempt to set out the manner in which all the
minerals in, on or under the property described in Schedule "A" are now vested, and this policy does not
insure any minerals in, on or under the property described in Schedule "A" nor any rights or easements in
connection therewith.
8. Minimum building setback lines and other matters established by the City of Fairhope, Alabama Zoning
Ordinance.
9. Existing right of way of Morphy Avenue on the North side of the property described in Schedule "A".
The recording references refer to the records in the Office of the Judge of Probate of Baldwin County, Alabama,
unless otherwise indicated.
(Continued)
Valid Only if Schedule A, Schedule B-1 and Cover are Attached
American Land Title Association Commitment
Schedule B - Section 2
10/25/2004 14:52 FAX 2519287993 IRBY & HEARD, PC IM 008
Commonwealth Commitment No.: 04592
COMMONWEALTH LAND TITLE INSURANCE COMPANY File No.: 04592
SCHEDULE B - SECTION 2
(continued)
NOTE: The attached LandAmerica Privacy Policy Notice is specifically made a part of this Commitment.
NOTE: An Owner's Policy issued in connection with this Commitment will contain the following pre-printed
exceptions:
1. Rights or claims of parties other than Insured in actual possession of any or all of the property.
2. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments
which an accurate and complete survey would disclose.
3. Unfiled mechanics' or materialmen's liens.
F:\WDDOCS\IHDOCS\2548\04592\comet\00088063, WPD
Valid Only if Schedule A, Schedule B-1 and Cover are Attached
American Land Title Association Commitment
Schedule B-Section 2 - Continued