The Planning and Zoning Resource Corporation (PZR Report) and their sister company, Smith-Roberts National Land Surveying have teamed up to share this informative presentation. Land title surveys, zoning reports, zoning letters, endorsements and more. You will find out how it all works together!
1. ALTA/ACSM Land Title Surveys & Zoning Due Diligence Presented by Cliff Stout, PLS & David Anderson, PLS Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation
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5. Rectangular Survey System Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation
6. 2005 Minimum Standard Detail Requirements Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation
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37. Comprehensive Certificate Language Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation
38. Comprehensive Certificate Language Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation SURVEYOR'S CERTIFICATE [Insert Date] This survey is made for the benefit of: Title company, lender, seller, buyer and their respective successors and assigns I,____________________________, Professional Land Surveyor do hereby certify to the aforesaid parties, as of the date set forth above that I have made a careful survey of a tract of land described as follows: [Insert Property Description]
39. Comprehensive Certificate Language (cont’d) Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation 1. This is to certify that this map or plat and the survey on which it is based were made in accordance with the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys," jointly established and adopted by ALTA and NSPS in 2005, and includes Items 1, 2, 3, 4, 6, 7(a)(b1)(c), 8, 9, 10 and 11(a)of Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this certification, undersigned further certifies that in my professional opinion, as a land surveyor registered in the State of __________, the Relative Positional Accuracy of this survey does not exceed that which is specified therein.
40. Comprehensive Certificate Language (cont’d) Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation 2. The accompanying survey was made on the ground and correctly shows the location of all buildings, structures and other improvements situated on the above premises; there are no visible encroachments on the subject property or upon adjacent land abutting said property except as shown hereon and was made in accordance with laws and/or Minimum Standards of the State of __________.
41. Comprehensive Certificate Language (cont’d) Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation 3. The property described hereon is the same as the property described in_________ Commitment No. ___________with an effective date of ____________and that all easements, covenants and restrictions referenced in said title commitment or apparent from a physical inspection of the site or otherwise known to me have been plotted hereon or otherwise noted as to their effect on the subject property.
42. Comprehensive Certificate Language (cont’d) Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation 4. Said described property is located within an area having a Zone Designation _____ by the Federal Emergency Management Agency (FEMA), on Flood Insurance Rate Map No._________, with a date of identification of __________, for Community No.________________, in ____________County, State of______________, which is the current Flood Insurance Rate Map for the community in which said premises is situated.
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44. Comprehensive Certificate Language (cont’d) Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation 6. The total number of striped parking spaces on the subject property is _____, including _____ designated handicap spaces.
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46. Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation What is Zoning? Zoning is the mechanism municipal jurisdictions use to control desired growth and development, while trying to eliminate or at least minimize problems of crowding and land use conflicts. Zoning tells property owners what and how they can and cannot build on their land. Decades of court cases have shown that cities and towns have both a responsibility and a constitutional right to protect the public welfare by placing limits on the uses of private property.
47. Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation Retroactivity Zoning Laws are constantly changing but are not enforced retroactively. A building in existence at the time a new zoning law is adopted is said to be “grand-fathered” or “legally nonconforming” and cannot be declared illegally nonconforming. But if the legally nonconforming structure is destroyed beyond the threshold set forth in the Code, the owner may be allowed to rebuild only in accordance with present zoning laws.
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58. Smith-Roberts National Corporation & The Planning & Zoning Resource Corporation Example 3.1 Endorsement ALTA Zoning-Completed Structure Endorsement 3.1 POLICY NUMBER __________ ISSUED BY: 1. The Company insures the insured against loss or damage sustained by reason of any incorrectness in the assurance that, at Date of Policy: (a) According to applicable zoning ordinances and amendments thereto, the land is classified Zone __________. (b) The following use or uses are allowed under that classification subject to compliance with any conditions, restrictions, or requirements contained in the zoning ordinances and amendments thereto, including but not limited to the securing of necessary consents or authorizations as a prerequisite to the use or uses: 2. The Company further insures against loss or damage arising from a final decree of a court of competent jurisdiction (a) prohibiting the use of the land, with any structure presently located thereon, as specified in paragraph 1(b); or (b) requiring the removal or alteration of the structure on the basis that, at Date of Policy, the ordinances and amendments thereto have been violated with respect to any of the following matters: (i) Area, width or depth of the land as a building site for the structure; (ii) Floor space area of the structure; (iii) Setback of the structure from the property lines of the land; or (iv) Height of the structure, or (v) Number of Parking Spaces. There shall be no liability under this endorsement based on the invalidity of the ordinances and amendments thereto until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses. Loss or damage as to the matters insured against by this endorsement shall not include loss or damage sustained or incurred by reason of the refusal of any person to purchase, lease or lend money on the estate or interest covered by this policy. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.
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Hinweis der Redaktion
Some jurisdictions are now applying a more stringent standard of care by replacing "in the locality of practice" with "under the same or similar circumstances' or "in the profession as practiced in the nation”
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units
Make sure you talk about the need to specify units