VAR2005-00007
• • EXHIBIT.,L
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2005-00007
CITY OF TIGARD
GREENSWARD PARK #3 LOT #73 CommunityDeve(opment
ShapingA Better Community
SIDE YARD SETBACK ADJUSTMENT
120 DAYS = 6/10/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: GREENSWARD PARK #3 SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2005-00007
PROPOSAL: The applicant has requested a 10% adjustment to the east side yard
setback to reduce the setback from 10 feet to 9 feet on Lot 73 of the
Greensward Park #3 Subdivision (SUB2003-00002) to accommodate
construction.
APPLICANT/
OWNER: Four D. Construction
Attn: David DeHarpport
P.O. Box 1577
Beaverton, OR 97075
LOCATION: 14225 SW 89th Avenue; WCTM 2S111AA, Tax Lot 08900 (Lot 73 of the
Greensward Park #3 Subdivision).
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5, Low Density Residential.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is
designed to accommodate detached single-family homes with or without
accessory residential units at a minimum lot size of 7,500 square feet.
Duplexes and attached single-family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and
conclusions on which the decision is based are noted in Section IV.
VAR2005-00007 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
CONDITION OF APPROVAL
1. All construction must be completed in compliance with the conditions of approval of the
Greensward Park #3 Subdivision (SUB2003-00002).
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The property is the only flag lot in Greensward Park #3 Subdivision. The lot is located on 89th
Avenue. The proposal is to reduce the east 10-foot side yard setback by 1 foot.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.370 allows the following development
Adjustments by means of a Type I procedure:
Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by
this provision.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
The applicant has requested an Adjustment to reduce the east side yard setback by 1 foot to
allow the placement of the house. The required side yard setback for a flag lot is 10 feet
therefore, up to a 2-foot reduction of this setback may be allowed provided the following
criteria are addressed.
A development Adjustment shall be granted if there is a demonstration of compliance
with all of the applicable standards:
A demonstration that the Adjustment requested is the least required to achieve the
desired affect;
The adjustment is being requested to allow a portion of the structure to protrude into the east
side yard setback by 1 foot. According to the applicant this is the minimum relief needed for
construction of plan on lot.
The Adjustment will result in the preservation of trees, if trees are present in the
development area;
VAR2005-00007 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
According to the applicant, the adjustment would not adversely affect any trees on site, as
there are no trees present.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access. Emergency service can still access this
dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Because of the size of the home and lot, there are no other reasonable alternatives to the
placement of the home that would achieve the desired affect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
once was mailed to the applicant and owners.
Final Decision:
setback Adjustment is a Type I procedure. As such, the Director's decision is final on the
date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's
decision may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON FEBRUARY 10, 2005
AND BECOMES EFFECTIVE ON FEBRUARY 11, 2005.
Questions:
you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
Februa 10, 2005
PREPARED BY: ristie eerman DATE
Planning Technician
VAR2005-00007 -SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
GEOGRAPHIC INFORMATION SYSTEM
VICINITY M"
87TH
'JO
VAR2004-00007
~ ERLY
GREENSWARD PARK #3
KS SETBACK ADJUSTMENT
T -
w
ELROSE CT Q
Q X
rn
r
SITE RS FERR
SW MOUNT RD
A
lti -
LN e a
v
'a
o-
W e
2
Q r
W aVLL`MT F
I ,
> LANE a BONrA O
V Q ~
TERR X 1dFSE.1RD DU RD
0
r"
> ~ j Tigard Area Map
to JU) N Q
0 2 0 N
co
C 00
M CC)
INEZ ST 0 100 200 300 400 Feet
1'= 311 feet
CNEBR ODD >
cfl City of Tigard
Information on this map is for general location only and
9G should be verified with the Development Services Division.
13125 SW Hall Blvd
Z V/ M Tigard, OR 97223
C (503) 639-4171
0) 0)
httpllwww.ci.tiga rd.or. us
Community Development Plot date: Feb 10, 2005; C:VnagicNAGIC03.APR
i
o
1
ti
w ~
.4
a
w
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
Sfiaping,4 Better Community
1, Patricia G. Gu orb being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the City ofTtgar Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Below)
❑x NOTICE OF DECISION FOR: VAR2005-00001/GREENSWARD PARK #3 SETBACK ADJUSTMENT
AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked MIN T% and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked MINI", and by reference made a part
hereof, on February 10, 2005, and deposited in the United States Mail on February 10, 2005, postage prepaid.
(Person tha Noti )
ST54 E O(F OUGON
County o Wasji gton )ss.
City of2gant )
Subscribed and sworn/affirmed before me on the 2 ! day of '2005.
OFFICIAL SEAL
SUE ROSS
NOTARY PUBLIC-OREGON
COMMISSION NO. 375152 Mv CO scion Expires:
MY COMMISSION EXPIRES DEC. 1, 2007
tt
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): FOR STAFF USE ONLY
Tax Map & Tax Lot #(s):
Site Size: Case No.: y A4Z-?-Cb5- UQ~O 0:7
Applicant*: !Z i1/S Other Case No.(s): NlS T 2-,W(0S "O OV
Address: . O . S` Receipt No.: 24-PZ6 - Oct `PS
City/State: Zip:_ !?-707,5
Primary Contact: U 10 De&&PAVj:! Application AcNe
d By: 4K
Phone: ~d3 °S X70 0 $O S Fax;45"9D / 7 S J Date: °LProperty Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined To Be Com lete:
_TiOM•G A~A-h-V42E p
Address: Phone:
City/State: Zip:
Comp Plan/Zone esi nation:
* When the owner and the applicant are different people, the S.
applicant must be the purchaser of record or a lessee in possession
with written authorization from the owner or an agent of the owner.
The owner(s) must sign this application in the space provided on the Rev. 8/26/04 is\curpln\masters\revised\adjustment-1.doc
back of this form or submit a written authorization with this
application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS
Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
evelopment Adjustment - Front Yard, Interior Setbacks and Lot Coverage Application Elements Submitted:
➢
Special Adjustments: ❑ Application Form
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written Authorization
♦ Landscaping Adjustments - Existing/New Street Trees ❑
♦ Parking Adjustments - Reduction in Stacking Lane Length Title Transfer Instrument or Deed
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing ❑ Site/Plot Plan (2 copies)
Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%2'x 11 )
♦ Wireless Communication Facility Adjustments - Distance From Another Tower
♦ Washington Square Reg. Center Density Adjustments ❑ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
Please state the reason fpr the Adjustment request: ❑ Filing Fee
AaoU es s-r Q O Io P-ErD(¢G7Mc~fU /1,) S ZD,'` yA&D
~7 As=ks ~Q' .7 0 r AU_O~W Jurisdiction: ❑ City ❑ Urb
,5~=Lc o 12t. ,3?o y~o c.[ZI•Te Y.-- ►P1 (A us-rA&
cso~ 5~~-~, f tc~firc~~ pLAO O N Oki
~~7- lc. L ~~1tsT 8 ~A1=~' -c) ~Xtr-C~LI:o.ll~.
W-4 U- ALLOW
,s V-O>c' la ~f o N ~ Lc~ T.
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the
subiect property.
♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to
all the conditions and limitations of the approval.
♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is
found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
2~h--
DATED this day of -,20 e)
Applicant/Authorized Agent Signature Owner's re
Owner's Signature Owner's Signature
CITY OF TIGA" 2/4/2005
13125 SW Hall Blvd. 9:55:08AM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200500000000000459
Date: 02/04/2005
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2005-00006 [LANDUS] Development Adjust 100-0000-438000 217.00
VAR2005-00006 [LRPF] LR Planning Surcharge 100-0000-438050 32.00
VAR2005-00007 [LANDUS] Development Adjust 100-0000-438000 217.00
VAR2005-00007 [LRPF] LR Planning Surcharge 100-0000-438050 32.00
Line Item Total: $498.00 •
Payments:
Method Payer User ID AcctJCheck No. Approval No. How Received Amount Paid
CreditCard DAVID J DEHARPPORT KJP 068968 In Person 498.00
Payment Total: $498.00
•
cReceipLrpt Page 1 of 1
• 313 3
•
b + " 4 First American Tide Insurance Company of Oregon
1700 SW Fourth Ave, Ste 102
Portland, OR 97201
First American Phn - (503) 222-3651
Fax - (503) 790-7858
James Welch, Title Officer
Toll Free: (800) 929-3651
Direct: (503) 795-7669
Email: jwelch@firstam.com
r
First American Title Insurance Company of Oregon Order No.: 7031-495167
4650 SW Griffith January 19, 2005
Beaverton, OR 97005-8799
Attn: Marilee Cohen
Phone No.: (503) 641-7000 - Fax No.: (503) 627-0921
Email: mcohen@firstam.com
Preliminary Title Report
ALTA Owners Standard Coverage Liability $ Premium $
ALTA Owners Extended Coverage Liability $ Premium $
ALTA Lenders Standard Coverage Liability $ Premium $
ALTA Lenders Extended Coverage Liability $ Premium $
Endorsement 100, 116 & 8.1 Premium $ 50.00
Govt Service Charge cost $ 50.00
Other Cost $
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
Lot 73, GREENSWARD PARK NO. 3, in the City of Tigard, County of Washington and State of
Oregon.
and as of January 07, 2005 at 8:00 a.m., title vested in:
Four D Development Co., an Oregon Corporation
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
1. City liens, if any, of the City of Tigard.
Note: There are no liens as of January 19, 2005.
2. Statutory powers and assessments of Clean Water Services.
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
Preliminary Report • • Order No.: 7031-495167
Page 2 of 5
3. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: February 17, 1965 in Book 366, Page 10
4. City of Tigard, Ordinance No. 92-11 , an Ordinance Establishing the McDonald Street Sanitary
Sewer Reimbursement District
Recorded: April 14, 1992 as Fee No. 92024246
5. Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an
indebtedness of up to $1,944,000.00
Grantor: Four D Development Co.
Beneficiary: Sterling Savings Bank
Trustee: Pacific Northwest Title
Dated: July 10, 2003
Recorded: July 18, 2003
Recording Information: 2003-116843
(Covers Additional Property)
6. Easement on the recorded plat/partition as follows: "In addition to other easements as shown or
noted, the frontage of all lots and tracts abutting the public rights of way and the private street
tract boundaries, are subject to a 6.00 foot wide easement for public storm and surface water
drainage and sanitary sewer facilities as well as public water supply, public pedestrian sidewalks
and other public and private regulated utilities."
7. Easement as shown on the recorded plat/partition
For: Public Storm drain
Affects: Northerly portion
8. Easement on the recorded plat/partition as follows: "Lot 73 is subject to a private ingress/egress
easement for the benefit of Lot 72, abutting the North line as shown."
9. Restrictions shown on the recorded plat/partition of Greensward Park No. 3.
10. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: April 9, 2004 as Fee No. 2004-037634
11. Easement Agreement, including terms and provisions thereof.
Recorded: April 9, 2004 as Fee No. 2004-037635
12. Maintenance provisions, and the terms and conditions thereof, contained in instrument:
Recording Information: April 9, 2004 as Fee No. 2004-037636
13. The following pertain to lender's Extended coverage only:
First American Tide
Preliminary Report • • Order No.: 7031-495167
Page 3 of 5
a. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
b. Parties in possession, or claiming to be in possession, other than the vestees shown
herein.
C. Statutory liens for labor and/or materials, including lines for contributions due to the
State of Oregon for employment compensation and for workman's compensation, or any
rights thereto, where no notice of such liens or rights appears of record.
- END OF EXCEPTIONS -
NOTE: We find no judgments or United States Internal Revenue liens against Laurie Duffield and Ronald
C. Duffield
NOTE: Taxes for the year 2004-2005 PAID IN FULL
Tax Amount: $455.87
Map No.: 2S111AA-08900
Property ID: R2126663
Tax Code No.: 023.74
NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon,
imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within
Washington County.
Certain conveyances may be exempt from said ordinance, in which case, Washington County will require
a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are
recorded (including situations to meet lender requirements) either the transfer tax must be paid or
affidavit acceptable to the County must be filed.
Situs Address as disclosed on Washington County Tax Roll:
14225 SW 89th Avenue, Tigard, OR 97223
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
RECORDING INFORMATION
Filing Address: Washington County
155 North 1st Avenue
Hillsboro, OR 97124-3087
Recording Fees: $ 5.00 per page
$ 6.00 per document (Public Land Corner Preservation Fund)
$ 11.00 per document (OLIS assessment & Taxation Fee)
$ 5.00 for each additional document title
$ 20.00 non-standard fee
cc: Laurie Duffield and Ronald C. Duffield
cc: Four D Construction
cc: Alan DeHarpport, Roundstone Properties
9550 SW Beaverton-Hillsdale Hwy, Beaverton, OR 97005
Fn3tAmedcan Tide
Preliminary Report Order No.: 7031-495167
Page 4 of 5
cc: Sue Albert, RE/MAX Equity Group, Inc.
.6245 SW Capitol Hwy, Portland, OR 97239
First Amejican Tithe
Preliminary Report 0 0 Order No.: 7031-495167
Page 5 of 5
r~♦ AU7Y ~~r,e
First American Title Insurance Company of Oregon
.a-
n
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (10/17/92)
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (1) the occupancy, use, or enjoyment of the land; (U) the character, dimensions or location of any improvement now or hereafter erected on the land;
(111) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (w) environmental protection, or
the effect of any violator of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy;
(b) Any govern-tat police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Polley, but known to the Insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an Insured under this policy;
(c) resulting In no loss or damage to the Insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien
for services, labor or material or the extent insurance Is afforded herein as to assessments for street improvements under construction or completed at date of
policy); or
(e) resulting In ins or damage which would not have been sustained If the Insured claimant had paid value for the insured mortgage.
4. Unenforceabllity of the lien of the Insured mortgage because of the inability or failure of the inured at Date of Policy, or the inability or failure of any subsequent owner
of the Indebtedness, to comply with the applicable "doing business" laws of the state In which the land is situated.
5. Invalidity or unenforceaMlity of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for sehvices, labor or materials (or the claim of privity of any statutory lien for services, labor or materials over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Polley and is not financed In whole or In part by
proceeds of the indebtedness seared by the Insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that Is based on:
(1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(11) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
ALTA OWNER'S POLICY .(10/ 17/92)
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation pn cluding but riot limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land;
(iii) a separation In ownership or a charge In the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or
the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be bunting on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the Insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by
the Insured claimant prior to the date the Insured claimant became an Insured under this policy;
(c) resulting In no ins or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or Interest Insured by this policy.
4. Any claim, which arises out of the transaction vesting In the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(1) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(11) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the Instrument of transfer, or
(b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor.
SCHEDULE OF STANDARD EXCEPTIONS
The ALTA standard policy form will contain in Schedule B the following standard exceptions to coverage:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records; proceeding by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or
by the public records.
2. Any facts, rights, Interests, or claims which are rot shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of
persons In possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records, unpatented mining claims; reservations or exceptions in patents or In Acts
authorizing the Issuance thereof; water rights, claims or title to water.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records.
5. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose.
NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST 71 149 Rev. 5-99
moist American Title