Embed Size (px)
Citation preview
1
ALTA COMMITMENT FOR TITLE INSURANCE–4/7/17-jm-FIRST AMERICAN TITLE INSURANCE
COMPANY
SCHEDULE A
COMMITMENT NO.
2-32900(M)(R2)
EFFECTIVE DATE OF COMMITMENT:
March 14, 2017 at 2:13 p.m.
YOUR NO.
1388.026
PREPARED FOR: Linda Best
TRENAM LAW
INQUIRIES SHOULD BE DIRECTED TO:
CALLOWAY TITLE AND ESCROW, LLC
4170 ASHFORD-DUNWOODY ROAD
SUITE 525
ATLANTA, GEORGIA 30319
(770) 698-7960
1. POLICY OR POLICIES TO BE ISSUED: AMOUNT
* ALTA LOAN POLICY – (2006) $49,373,000.00
PROPOSED INSURED:
Regions Bank, an Alabama state banking corporation, as Administrative Agent, its
successors and/or assigns as their interests may appear
2. The estate or interest in the land described or referred to in this Commitment and covered
herein is a Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
CRP/NAP Edgewood Owner, L.L.C., a Delaware limited liability company by virtue of that
certain Limited Warranty Deed recorded in Deed Book 57260, Page 314, Records of
Fulton County, Georgia; that certain QuitClaim Deed recorded in Deed Book 57260, Page
343, aforesaid Records; that certain Limited Warranty Deed recorded in Deed Book
57260, Page 328, aforesaid Records; that certain QuitClaim Deed recorded in Deed Book
57260, Page 332, aforesaid Records; that certain Limited Warranty Deed recorded in
Deed Book 57260, Page 321, aforesaid Records; and that certain QuitClaim Deed
recorded in Deed Book 57260, Page 325, aforesaid Records.
4. The land referred to in this Commitment is located in the County of Fulton, State of
Georgia, and described as follows:
COMMITMENT NO. SCHEDULE A (CONTINUED)
2-32900(M)(R2)
2
ALL THOSE TRACTS or parcels of land lying and being in Land Lot 20 of the 14th District
of Fulton County, Georgia, being more particularly described on Exhibit “A” attached
hereto and by this reference incorporated herein.
CALLOWAY TITLE AND ESCROW, LLC
__________________________________
AUTHORIZED SIGNATORY
COMMITMENT NO. PART I, SCHEDULE B
2-32900(M)(R2)
3
I. THE FOLLOWING ARE REQUIREMENTS TO BE COMPLIED WITH:
1. Instruments necessary to create the estate or interest to be insured must be properly
executed, delivered and duly filed for record; to wit:
DEED TO SECURE DEBT from CRP/NAP Edgewood Owner, L.L.C., a Delaware limited
liability to Regions Bank, an Alabama state banking corporation, as Administrative Agent
to secure your loan.
This instrument must be executed pursuant to proper limited liability company authority
and the Company must be furnished satisfactory documentary proof thereof. Said
limited liability company must be formed in the State of Georgia or registered in the
State of Georgia and the Company must be furnished documentary proof thereof.
2. Payment to or for the account of the mortgagor for the full consideration for the estate
or interest to be insured.
3. Proof satisfactory to the Company that any and all water bills associated with subject
property have been paid in full through the date of closing.
NOTE: This requirement cannot be satisfied solely by the production of an affidavit
from the seller or borrower, but requires separate verification with the
appropriate county, municipality and/or service providers.
4. The Company must be furnished proof in affidavit form as to who is in possession of
the subject property and under what claim. Upon receipt of such proof, Item 2(a) of
Part II below will be deleted or amended in accordance with the facts revealed thereby.
5. The Company must be furnished a current accurate survey and surveyor’s inspection
report on the subject property. Upon receipt of same, Items 2(b) and 2(c) of Part II
below will be deleted or amended in accordance with the facts shown thereby.
6. The Company must be furnished satisfactory proof in affidavit form that improvements
and/or repairs or alterations to the property are completed; that contractor,
subcontractors, laborers and materialmen are all paid, and have released of record all
liens or notice of intent to perfect a lien for labor and material; or receipt of proof
satisfactory to the Company that no improvements or repairs were made on the property
within 95 days preceding the filing for record of the instruments required at Item 1
above. Upon receipt of this proof, Item 2(d) of Part II below will be deleted or amended
in accordance with the facts shown thereby.
COMMITMENT NO. PART I, SCHEDULE B (CONTINUED)
2-32900(M)(R2)
4
7. Proof satisfactory to the Company that all taxes or special assessments, including water
bills, which are not shown as existing liens on the public records are paid in full at the
time of closing. Upon receipt of such proof, Item 2(e) of Part II below will be deleted
or amended in accordance with the facts shown thereby.
8. Satisfactory proof to the Company in affidavit form that there are no rights, interest or
claim that may exist, arise or be asserted under or pursuant to the Perishable Agricultural
Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard
Act of 1921, as amended, 7 USC 181 et seq., or any similar state laws.
9. Satisfactory proof in affidavit form from both the Seller and from the Buyer (or Borrower
if there is no sale involved) i.) that no Broker’s services have been engaged with regard
to the management, sale, purchase, lease, option or other conveyance of any interest
in the subject commercial real estate and ii.) that no notice(s) of lien for any such
services has been received. In the event that said affidavit(s) contain any qualification
with respect to any such services, proof of payment in full for all such services, together
with a lien waiver or estoppel letter from such identified Broker(s) must be obtained.
NOTE: Where the possibility of a right to file a Broker’s Lien(s) is determined and
no lien waiver(s) nor Estoppel Letter(s) is furnished to the Company, an
exception as follows will be taken in the final policy:
“Any Broker’s lien, or right to a Broker’s lien, imposed by law.”
FOR YOUR INFORMATION:
State and County taxes for the year 2016 were paid on February 17, 2017 in the amount of
$12,197.51, under Map Reference No. 14-20-1-19-6, on 1.7 acres; City of Atlanta taxes for
the year 2016 were paid on February 17, 2017 in the amount of $37,199.19, under Map
Reference No. 14-20-1-19-6, on 1.7 acres.
State, County and City of Atlanta taxes for the year 2016 are exempt under Map Reference
No. 14-20-LL-6-5.
State and County taxes for the year 2016 were paid on December 9, 2016 in the amount of
$2,691.26, under Map Reference No. 14-20-1-8-9; City of Atlanta taxes for the year 2016
were paid on December 9, 2016 in the amount of $8,199.56, under Map Reference No. 14-
20-1-8-9.
COMMITMENT NO. PART I, SCHEDULE B (CONTINUED)
2-32900(M)(R2)
5
State and County taxes for the year 2016 were paid on October 4, 2016 in the amount of
$7,845.24, under Map Reference No. 14-20-2-24-5, on 1.1 acre; City of Atlanta taxes for
the year 2016 were paid on October 4, 2016 in the amount of $23,902.33, under Map
Reference No. 14-20-2-24-5, on 1.1 acre.
There were no back taxes due.
AS A MATTER OF INFORMATION, THE FOLLOWING APPEAR OF RECORD:
1. Transfer of Development Rights from Atlanta BeltLine, Inc., a Georgia nonprofit
corporation to CRP/NAP Edgewood Owner, L.L.C., a Delaware limited liability company,
dated as of March 7, 2017, filed for record March 8, 2017 at 2:13 p.m., recorded in Deed
Book 57260, Page 493, Records of Fulton County, Georgia; as affected by that certain
Affidavit with Respect to Real Property by Paul F. Morris, dated March 7, 2017, filed for
record March 8, 2017 at 2:13 p.m., recorded in Deed Book 57260, Page 513, aforesaid
Records.
2. Notice of Commencement for Private Project by NAP Contracting LLC, filed for record
March 28, 2017 at 1:35 p.m., recorded in Lien Book 3858, Page 639, aforesaid Records.
COMMITMENT NO. PART II, SCHEDULE B
2-32900(M)(R2)
6
II. 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:
1. 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.
2. Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate survey or inspection of the premises.
(d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
(e) Taxes or special assessments which are not shown as existing liens by the public
records.
3. Special Exceptions:
(a) All taxes for the year 2017 which are liens, and subsequent years, not yet due and
payable.
(b) Any and all unpaid water bills associated with subject property.
NOTE: The above item may be removed or modified upon further examination.
(c) Riparian rights incident to the premises.
(d) Rights of tenants in possession under unrecorded leases.
(e) Noise and Vibration Easement from CRP/NAP Edgewood Owner, L.L.C., a Delaware
limited liability company to The Atlanta Development Authority, d/b/a Invest
Atlanta, a Georgia public body corporate and politic, and Atlanta BeltLine, Inc., a
Georgia nonprofit corporation, dated effective as of March 7, 2017, filed for record
March 8, 2017 at 2:13 p.m., recorded in Deed Book 57260, Page 476, Records of
Fulton County, Georgia.
(f) Land Use Restriction Agreement by CRP/NAP Edgewood Owner, L.L.C., a
Delaware limited liability company, dated as of March 7, 2017, filed for record
March 8, 2017 at 2:13 p.m., recorded in Deed Book 57260, Page 347, aforesaid
Records.
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-32900(M)(R2)
7
(g) [INTENTIONALLY OMITTED]
(h) Reciprocal Temporary Construction Easement Agreement by and between
CRP/NAP Edgewood Owner, L.L.C., a Delaware limited liability company and The
Atlanta Development Authority, d/b/a Invest Atlanta, a Georgia public body
corporate and politic, by and through its agent, Atlanta BeltLine, Inc., a Georgia
nonprofit corporation, dated March 7, 2017, filed for record March 8, 2017 at 2:13
p.m., recorded in Deed Book 57260, Page 355, aforesaid Records.
(i) Access and Maintenance Easement Agreement by and between Atlanta Beltline,
Inc., a Georgia non-profit corporation as the Designated Special Agent of The
Atlanta Development Authority, D/B/A Invest Atlanta, a Georgia public body
corporate and politic and CRP/NAP Edgewood Owner, L.L.C., a Delaware limited
liability company, dated March 7, 2017, filed for record March 8, 2017 at 2:13
p.m., recorded in Deed Book 57260, Page 382, aforesaid Records.
(j) Terms, conditions and obligations as contained in that certain Access Agreement
by and between The Atlanta Development Authority, d/b/a Invest Atlanta, a
Georgia public body corporate and politic, by and through its designated special
agent, Atlanta BeltLine, Inc., a Georgia non-profit corporation and CRP/NAP
Edgewood Owner, L.L.C., a Delaware limited liability company, dated March 7,
2017, filed for record March 8, 2017 at 2:13 p.m., recorded in Deed Book 57260,
Page 411, aforesaid Records.
(k) Tunnel Easement Agreement by and between CRP/NAP Edgewood Owner, L.L.C.,
a Delaware limited liability company and Atlanta Beltline, Inc., a Georgia non-profit
corporation as the Designated Special Agent of The Atlanta Development
Authority, D/B/A Invest Atlanta, a Georgia public body corporate and politic, dated
March 7, 2017, filed for record March 8, 2017 at 2:13 p.m., recorded in Deed Book
57260, Page 461, aforesaid Records.
(l) Aerial Encroachment Easement by and between Atlanta Beltline, Inc., a Georgia
non-profit corporation as the Designated Special Agent of The Atlanta
Development Authority, D/B/A Invest Atlanta, a Georgia public body corporate and
politic and CRP/NAP Edgewood Owner, L.L.C., a Delaware limited liability
company, dated March 7, 2017, filed for record March 8, 2017 at 2:13 p.m.,
recorded in Deed Book 57260, Page 435, aforesaid Records.
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-32900(M)(R2)
8
(m) Decorative Sidewalk and/or Driveway Apron from Atlanta Belt Line to City of
Atlanta, dated October 4, 2016, filed for record October 4, 2016 at 9:19 a.m.,
recorded in Deed Book 56689, Page 443, aforesaid Records.
(n) Easement Agreement from The Atlanta Development Authority d/b/a Invest Atlanta
to CenturyLink Communications, LLC, a Delaware limited liability company dba
CenturyLink, dated January 11, 2017, filed for record February 3, 2017 at 12:36
p.m., recorded in Deed Book 57138, Page 262, aforesaid Records; as corrected
by that certain Corrective Easement Agreement from The Atlanta Development
Authority d/b/a Invest Atlanta, a Georgia public body corporate and politic, by and
through its designated special agent, Atlanta BeltLine, Inc. to CenturyLink
Communications, LLC, a Delaware limited liability company d/b/a CenturyLink, filed
for record March 8, 2017 at 2:13 p.m., recorded in Deed Book 57260, Page 280,
aforesaid Records. (Affects Tract 1)
(o) Amended Environmental Covenant by Atlanta Beltline, Inc., dated April 14, 2016,
filed for record June 20, 2016 at 8:30 a.m., recorded in Deed Book 56299, Page
92, aforesaid Records. (Affects Tract 1)
(p) [INTENTIONALLY OMITTED]
(q) Right-of-Way Easement from Five Realty Co., a corporation to Georgia Power
Company, dated December 12, 1967, filed for record January 15, 1968 at 10:44
a.m., recorded in Deed Book 4844, Page 370, aforesaid Records.
(r) Notification of the Designation of Property under the City of Atlanta’s Historic
Preservation Ordinance by Karen Huebner, Executive Director Urban Design
Commission City of Atlanta, dated April 18, 2002, filed for record April 19, 2002
at 1:11 p.m., recorded in Deed Book 32286, Page 363, aforesaid Records.
(s) Reservation of Easements and Rights as to Rights of CenturyLink Communications,
LLC contained in that certain Special Warranty Deed from Norfolk Southern Railway
Company, a Virginia corporation, successor to the Georgia Air Line Railway
Company, the Atlanta and Richmond Air Line Railway Company, Richmond and
Danville Railroad Company, the Atlanta and Charlotte Air Line Railway Company
and Southern Railway Company to Ansley North Beltline, LLC as to Parcel 1, Ansley
South Beltline, LLC as to Parcel 2, Piedmont Beltline, LLC as to Parcel 3, North
Avenue Beltline, LLC as to Parcel 5, Corridor Beltline, LLC as to Parcels 4 and 6,
Corridor Edgewood, LLC as to Parcel 7, dated December 30, 2004, filed for record
January 3, 2004 at 1:53 p.m., recorded in Deed Book 39115, Page 430, aforesaid
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-32900(M)(R2)
9
Records; as affected by that certain Deed of Correction from Norfolk Southern
Railway Company, a Virginia corporation, successor to the Georgia Air Line Railway
Company, the Atlanta and Richmond Air Line Railway Company, Richmond and
Danville Railroad Company, the Atlanta and Charlotte Air Line Railway Company
and Southern Railway Company to Ansley North Beltline, LLC, a Georgia limited
liability company, Ansley South Beltline, LLC, a Georgia limited liability company,
Piedmont Beltline, LLC, a Georgia limited liability company, North Avenue Beltline,
LLC, a Georgia limited liability company, Corridor Beltline, LLC, a Georgia limited
liability company and Corridor Edgewood, LLC, a Georgia limited liability company,
dated June 11, 2007, filed for record June 14, 2007 at 7:39 a.m., recorded in
Deed Book 45194, Page 351, aforesaid Records; as further affected by that certain
Limited Warranty Deed from NE Corridor Partners, LLC, a Georgia limited liability
company to The Atlanta Development Authority, a Georgia public body corporate
and politic, dated October 31, 2008, filed for record October 31, 2008 at 1:53
p.m., recorded in Deed Book 47320, Page 573, aforesaid Records; as further
affected by that certain Termination of Railroad Easement by and between Norfolk
Southern Railway Company, a Virginia corporation, successor in interest to the
Georgia Air Line Railway Company, the Atlanta and Richmond Air Line Railway
Company, Richmond and Danville Railroad Company, The Atlanta and Charlotte Air
Line Railway Company and Southern Railway Company and The Atlanta
Development Authority, a public body corporate and politic of the State of Georgia
and an instrumentality of the City of Atlanta, dated as of March 7, 2017, filed for
record March 13, 2017 at 2:13 p.m., recorded in Deed Book 57260, Page 264,
aforesaid Records. (Affects Tract 1)
NOTE: The above item will be deleted by the Company after the Date of Policy
upon the recording of a QuitClaim Deed from CenturyLink.
(t) Spur Track Agreement by and between Southern Railway Company and J. A.
Morris, dated April 16, 1895, recorded in Deed Book 112, Page 543, aforesaid
Records.
(u) Spur Track Agreement from A. G. Rhodes to Southern Railway Company, dated
December 6, 1903, filed for record December 31, 1903 at 1:10 p.m., recorded in
Deed Book 160, Page 868, aforesaid Records.
(v) Right-of-Way Easement from Wagnon & Wagnon to Georgia Power Company,
dated May 5, 1960, filed for record May 25, 1960 at 1:32 p.m., recorded in Deed
Book 3575, Page 503, aforesaid Records. (Affects Tract 1)
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-32900(M)(R2)
10
(w) Easement Deed by Court Order in Settlement of Landowner Action – George L.
Tedder, and Elizabeth C. Tedder, et al vs. Wiltel Communications, LLC (f/k/a
Williams Communications, Inc.), et al, being Civil Action File No. 3:02-CV-055-
WBH, dated February 8, 2013, filed for record March 11, 2013 at 7:49 a.m.,
recorded in Deed Book 52367, Page 171, aforesaid Records; as affected by that
certain Release of Easement by Wiltel Communications, LLC, a Delaware limited
liability company, dated September 23, 2013, filed for record October 9, 2013 at
8:30 a.m., recorded in Deed Book 53238, Page 564, aforesaid Records.
NOTE: The above item will be deleted by the Company after the Date of Policy
upon the recording of a QuitClaim Deed from CenturyLink.
(x) Notification of the Designation of Property Under the City of Atlanta’s Historic
Preservation Ordinance, Code of Ordinances of the City of Atlanta, Section 16-
20.006(e) by Karen Huebner, Executor Director, Urban Design Commission, City
of Atlanta, dated April 18, 2002, filed for record April 19, 2002 at 1:11 p.m.,
recorded in Deed Book 32286, Page 364, aforesaid Records
(y) Notification of the Designation of Property Under the City of Atlanta’s Historic
Preservation Ordinance, Code of Ordinances of the City of Atlanta, Section 16-
20.006(e) by Karen Huebner, Executor Director, Urban Design Commission, City
of Atlanta, dated April 18, 2002, filed for record April 19, 2002 at 1:11 p.m.,
recorded in Deed Book 32286, Page 365, aforesaid Records.
(z) Reservation for utility easements as contained in that certain QuitClaim Deed from
The City of Atlanta, a Georgia municipal corporation to Atlanta Beltline, Inc., a
Georgia non-profit corporation, dated March 7, 2017, filed for record March 8, 2017
at 2:13 p.m., recorded in Deed Book 57260, Page 286, aforesaid Records. (Affects
Tract 1)
(aa) Reservation for utility easements as contained in that certain QuitClaim Deed from
The City of Atlanta, a Georgia municipal corporation to Aramark Uniform & Career
Apparel, LLC, a Delaware limited liability company, dated March 7, 2017, filed for
record March 8, 2017 at 2:13 p.m., recorded in Deed Book 57260, Page 294,
aforesaid Records. (Affects Tract 2)
(bb) [INTENTIONALLY OMITTED]
COMMITMENT NO. PART II, SCHEDULE B (CONTINUED)
2-32900(M)(R2)
11
(cc) Those matters as disclosed by that certain survey entitled “ALTA/NSPS Land Title
Survey For North American Properties Atlanta - LTD & First American Title
Insurance Company”, prepared by Technical Survey Services, Inc., bearing the seal
and certification of Aubrey J. Akin, Georgia Registered Land Surveyor No. 3138,
dated November 2, 2015, last revised ____________, 2017, being designated as
Job No. 2015-269, as follows:
(1) Walls crossing the northerly and easterly boundary lines of subject property;
(2) Fences crossing the northerly and easterly boundary lines of subject property;
and
(3) Warehouse building crossing the easterly boundary line of subject property.
SUBORDINATE MATTER:
(a) Agreement for the Purchase of Real Property as evidenced by that certain
Memorandum of Purchase and Sale Agreement by and between CRP/NAP
Edgewood Owner, L.L.C. and Airline Trail, LLC, dated March 7, 2017, filed for record
March 8, 2017 at 2:13 p.m., recorded in Deed Book 57260, Page 528, aforesaid
Records; as subordinated pursuant to the terms and conditions of that certain
Subordination and Recognition Agreement by and between Airline Trail, LLC, a
Georgia limited liability company, CRP/NAP Edgewood Owner, L.L.C., a Delaware
limited liability company and Regions Bank, an Alabama state banking corporation,
dated as of April ___, 2017, filed for record April ___, 2017 at ___:___ ___.m.,
recorded in Deed Book _____, Page ____, aforesaid Records.
G:\GA\ORDERS32\2-32900\32900(M)CMT.DOCX
