Loading...
Petro, Diane Gayle RECORDING REQUESTED BY .. 'c Old Republic Title Cortpany OilDER# 450472-JJ APN 790-04-043 WHEN RECORDED MAIL TO DOCUMENT: 14408118 1111f~11111111 "0014408118" Titles: 1 / Pages: 4 Fees....+ No Fees ~ Taxes Copies AMT PAID I CITY OF GILROY, A MUNICIPAL --, Name CDRroRATION 7351 ROSANNA STREET GILROY, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Old Republ ic Title Company RDE ** 004 9/23/J998 8:00 AM Street Address City Slate Zip L ---l SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed ~.oo [Vbnument Preservation Fee is The undersigned grantor(s) declare(s): Documentary transfer tax is $....:::.9..:::........m....mmq<JV. CDDE SECTION 27383 ( X) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X ) City ofm.....g~~?x.m....m..mmm........mmmmm..............................m...m..mm.............mm... ( ) Realty not sold. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIANE GAYlE PETRO, WHO ACQUIRED TITIE AS DIANE GAYlE ECKHART hereby GRANT(S) to CITY OF GILROY, A MUNICIPAL CDRroRATION that property in the City of GILROY, SANTA CLARA Connty, State of California, described as: * * * See "Exhibit A" attached hereto and made a part hereof. * * * Mail Tax Statements to Grantee at address above Date September 11, 1998 ~~$~~) STATE OF CALlF9RNIA ./ COUNTY OF "-.J ~ I') t- ~ C ~ r ~ On S to pt. , J I l' F before me, the unde igned, a Notary P~c1n an for sa~tatf' personally appeared . '-- (:;? ~ r,- ir D personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature W~~~~Yn~V.~ff;~"~":,~:~~'~;C~:'j .. ,.- 4y-'r"\",,}~ JI_L ,.1. .."... ..... ~f{(::tA~)~:l riU{:i.)h,.\~. .:" ..... ... U) ~~:..y 0),1~ Ih I..:c..:',\',,'. \.i\...J'.~,; I ~U~:::.A6~~~~~~~:~:j~~~:~~~. WITNESS Name ITGIS-140 8/94 (This area for official notarial seal) IL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A PUBLIC STREET DEDICATION PETRO(ECKHART) TO THE CITY OF GILROY BEING A PORTION OF THE LANDS OF PETRO ACCORDING TO THAT GRANT DEED RECORDED FEBRUARY 13,1986 IN BOOK J603, AT PAGE 864, OFFICIAL RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LANDS, SAID CORNER LYING ON THE WESTERLY LINE OF KERN AVENUE AS SHOWN ON BOOK 'V' OF MAPS, AT PAGES 1 AND 2, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID LANDS SOUTH 890 59' 00" WEST 18.80 FEET; THENCE LEAVING SAID SOUTHERLY LINE ALONG A NON-TANGENT CURVE TO THE RIGHT WITH A CHORD BEARING OF NORTH 20 01' 28" EAST, RADIUS OF 1000.00 FEET, THROUGH A CENTRAL ANGLE OF 10 14' 21", AN ARC DISTANCE OF 21.63 FEET TO A POINT OF REVERSE CURV A TIJRE; THENCE ALONG A CURVE TO THE LEFT WITH RADTIJS OF 1000.00 FEET, THROUGH A CENTRAL ANGLE OF 40 03' 09", AN ARC DISTANCE OF 70.73 FEET TO A POINT OF TANGENCY; THENCE NORTH 10 24' 30" WEST 65.99 FEET TO THE NORTHERLY LINE OF SAID LANDS; THENCE ALONG SAID NORTHERLY LINE EAST 15.00 FEET TO SAID WESTERLY LINE OF KERN A VENUE; THENCE ALONG SAID WESTERLY LINE SOUTH 1024' 30" EAST 158.34 FEET TO THE POINT OF BEGINNING. COH'fAnmm 230~ :3.r. OF LAI-ID, MOU OR. LESS TOGETHER WITH A PUBLIC USE EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES AND ANY APPURTENANCES THERETO LYING UNDER, OVER, ON, AND ACROSS A STRIP OF LAND, 10 FEET IN WIDTH, LYING WESTERLY OF, ADJACENT TO AND ALONG THE ENTIRE LENGTH OF SAID PUBLIC STREET DEDICATION DESCRIBED ABOVE ci s: ::; u vi LOT 35 "'I' MAPS 1 &2 WEST 408. 79' P.O.B. 15.00 PETRO(ECKHART) BK. J 603 OR. PC. 864 2503 S.F. c' --) (v-\ ~ '- S 89'59'00" W 428.15' P.O.B. 3120 S.F. k_ MORITZ I' '0 BK. J 402 OR. PC. 492 ."-.J " I'T1 ;0 Z .- 412.46' S 89'59'00" W .0.8. -1- ,.. - o <- FfLLlPPELLI '7- BK. 0012 OR, PC. 49 ct.: 3153 S.F. )> ~ Z c: ,." 416.79' S 89'59'00" W PARCEL 1 626 MAPS 16 40 .30 LENGTH 49.10' 21.63' 70.73' f PUBLIC STREET DEDIC A nONS PUE PUBLIC USE EASEMENT CURVE CI C2 CJ RADIUS 1000.00' 1000.00' 1000.00' DELTA 02"48'48 01'14'21 04'03'09 EXHIBIT B PUBLIC STREET AND PUBLIC USE EASEMENT DEDICATIONS TO THE CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNiA PORTION OF LAS ANIMAS RANCH LOT 30, MAP NO. 7 LAS ANIMAS PARTITION SUIT, SUPERIOR COURT CASE NO. 5536 AUGUST, 1997 SCALE 1" = tOo' HANNA & BRUNETTI - CIVIL ENGINEERS & LAND SURVEYORS - GILROY, CA. CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) Certificate of Acceptance of Conveyance to the City of Gilroy by Diane Gayle Petro This is to certify that the interest in real property conveyed by the grant deed dated September 11, 1998 from Diane Gayle Petro to the City of Gilroy, a municipal corporation of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to authority conferred by Resolution No. 97-62 of the City of Gilroy adopted December 1, 1997, a certified copy of which resolution is on record in the office of the County Recorder of the County of Santa Clara, State of California, document #13986427, dated December 22, 1997 and the grantee consents to recordation thereof by its duly authorized officer. ./-~. In witness whereof, I have hereunto set my hand on Septerfib 22, 199 . ---~(~ ..\~J \ .~------- I:\FORMS\CERT ACCP. WPD SCHEDULE A Policy No: SV 2731908 Order No: 450472 Amount of Insurance: $ 9,105.00 Date of Policy: September 23rd, 1998 at 8: 00 a. m. Premium: $ 431.25 1. Name of Insured: CITY OF GILROY 2. The estate or interest in the land which is covered by this policy is: a FEE. 3. Title to the estate or interest in the land is vested in: CITY OF GILROY, a municipal corporation FTGIS 1100A OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE B Policy No. SV 2731908 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Taxes and assessments, general and special, for the fiscal year 1998 - 1999 a lien, but not yet due or payable. Code No. Assessor's Parcel No. 02-043 790-04-043 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. 3. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects County of Santa Clara Public street and road purposes April 13th, 1977 in Book C736 of Official Records, Page 700 Easterly 10 feet 4. Facts which would be disclosed by a comprehensive survey of the premises herein described. 5. Mechanics', Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears on record. 6. Rights and claims of parties in possession. 7. Any facts, rights, interests or claims which are not shown by the public records, but which could be ascertained by making inquiry of the adjacent land owners and those in possession thereof. 8. The consequences of the presence, if any, of hazardous substances, dangerous materials or harmful waste, as a health or safety hazard, or otherwise, which may affect said land. Page~of ~Pages FTGIS 110081 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No. SV 2731908 Page 1 of Schedule C SCHEDULE C The land referred to in this policy is situated in the County of Santa Clara, City of Gilroy, State of California, and is described as follows: Being a portion of The Lands of Petro according to that Grant Deed recorded February 13, 1986 in Book J603, at page 864, Official Records of Santa Clara County, California, being more particularly described as follows: Beginning at the Southeasterly corner of said lands, said corner lying on the Westerly line of Kern Avenue as shown on Book "v" of Maps, at pages 1 and 2, Official Records of said CountYi thence along the Southerly line of said lands South 890 59' 00" West 18.80 feeti thence leaving said Southerly line along a non-tangent curve to the right with a chord bearing of North 20 01' 28" East, radius of 1000.00 feet, through a central angle of 10 14' 21", an arc distance of 21.63 feet to a point of reverse curvaturei thence along a curve to the left with a radius of 1000.00 feet, through a central angle of 40 03' 09", an arc distance of 70.73 feet to a point of tangencYi thence North 10 24' 30" West 65.99 feet to the Northerly line of said landsi thence along said Northerly line East 15.00 feet to said Westerly line of Kern Avenuei thence along said Westerly line South 10 24' 30" East 158.34 feet to the point of beginning. Containing 2503 S.F. of land, more or less. Together with a public use easement for the installation and maintenance of public utilities and any appurtenances thereto lying under, over, on, and across a strip of land, 10 feet in width, lying Westerly of, adjacent to and along the entire length of said public street dedication described above. 790-04-043 Itc 02043 cm/mh/ss A 790-04-032 N/l Page~ of ~Pages FTGIS 1100c OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental policy power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on you if You bought the land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24, or 25. 5. Failure to pay value for Your Title. 6. lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 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 or zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions of 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 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 binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but 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 loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured 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 unenforceability 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 claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 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. Proceedings by a public agency which may result in taxes or assessments, or notices 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 not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. ORT 3157-F (Rev 6-22-98) (Continued on next page) EXHIBIT A (€ontinued) S.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 SCHEDULE OF EXClUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, orregulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character,dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in thedimensions 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 anyviolation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or anotice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in thepublic 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 ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records atDate 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 notexcluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser forvalue without knowledge. 3. Defects, liens, encumbrances, adverse c1aims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or creating 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (Rev. 1992) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXClUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy , use or enjoyment of land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse c1aims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated. S. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXClUSIONS FROM COVERAGE 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 (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) 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 (iv) environmental protection, or the effect of 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 a 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 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; ORT 3157-G (Rev 6-22-98) ( Continued on next page) EXHIBIT A (Continuedj 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 theinsured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as toassessments for street improvements under construction or completed at 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 insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in which the land is situated. S. Invalidity or unenforceability 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 services, labor, or materials (or claim of priority 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 Policy and is not financed in whole or in part by proceeds of the indebtedness secured 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 mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (~~ the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (II) 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. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Govermental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date. the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date - unless they appear in the public records. that result in no loss to you that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks. 4. Failure to pay value for your title. S. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. ORT 3157-1 (Rev 6-22-98)