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Res 2003-086
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Res 2003-086
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Last modified
3/5/2004 10:54:10 AM
Creation date
3/5/2004 9:03:35 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-86
Date
5/28/2003
Volume Book
152
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<br />order a current survey of the City Tract consisting of a plat and field notes, prepared by a registered <br />public surveyor. Owner and City will each be responsible for payment of one-half of the cost of such <br />survey. The survey will include: <br /> <br />1. the actual dimensions of the entirety of the City Tract and the number of square feet <br />contained in the property; <br /> <br />2. the location and dimensions of any easements or other matters referred to in the City Tract <br />Commitment, with recording references; <br /> <br />3. The location and dimensions of the easements deEmed by the parties under Section 3.03; <br />and <br /> <br />4. the surveyor's registered number and seal, the date of the survey and a certificate. <br /> <br />4.03. Owner Tracts Commitment. Within ten days after the date of final completion of the site work <br />described in Section 3.02, Owner will order ITom the Title Company an owner's title policy <br />commitment (the "Owner Tracts Commitment") showing good and indefeasible title to the Owner <br />Tracts to be in Owner and showing all encumbrances and other matters, if any, relating to the Owner <br />Tracts, together with a legible copy of each document referred to in the Owner Tracts Commitment. <br /> <br />4.05. Survey of Owner Tracts. No later than August 1,2003, Owner will provide to the City a <br />current survey of the Owner Tracts consisting of a plat and field notes, prepared by a registered <br />public surveyor. Owner and City will each be responsible for payment of one-half of the cost of such <br />survey. The Survey will include: <br /> <br />1. the actual dimensions of the Owner Tracts and the number of square feet contained in <br />them; <br /> <br />2. the identity of any easements or other matters referred to in the Owner Tracts <br />Commitment with recording references; and <br /> <br />3. the surveyor's registered number and seal, the date of the survey and a certificate. <br /> <br />4.06. <br /> <br />Obiections to Commitment or Survey. <br /> <br />A. If a title commitment provided by a party fails to show good and indefeasible title to be in the <br />party, or if a survey obtained by a party shows any matter which is unacceptable to the party <br />acquiring the tract or tracts, then the acquiring party may give the other party written notice within <br />ten days after receipt of both the Commitment and the Survey, specifying the objections of the <br />acquiring party. It is expressly understood and agreed that neither party will have any obligation to <br />cure any such objections. <br /> <br />B. If a party receiving notice of an objection does not cure (or agree in writing to cure, prior to <br />closing) the objection and cause (or agree in writing to cause, prior to closing) the Commitment and <br /> <br />3 <br />
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