This form should not be used if a comparable ALTA version is available. If a comparable ALTA version is available, the most current version of the ALTA form available in each state should be used, unless approved by a Stewart underwriter.
ENDORSEMENT
STEWART TITLE GUARANTY COMPANY
Policy No. _________________
1. The Company hereby insures that, as of the Date of Policy:
(a) According to applicable zoning ordinances and amendments thereto, the land is classified [insert zoning classification]. |
(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: |
[insert all permitted uses].
2. The Company hereby 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 or hereafter erected thereon in accordance with plans (describe), (such present and future improvements are herein called the “structure”), 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. |
(iv) Height of the structure. |
(v) Required parking (Note: This provision does not appear in standard 3.1). |
Upon completion of the improvements to be constructed upon the land in accordance with said plans, the Company will issue ALTA Zoning Endorsement - From 3.1 without modification and without additional premium.
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 hereby in the land described in Schedule A.
The total liability of the Company under said Policy and any endorsements therein shall not exceed, in the aggregate, the fact amount of the said Policy and costs which the Company is obligated under the Conditions and Stipulations thereof to pay.
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.
[Witness clause optional]
STEWART TITLE GUARANTY COMPANY
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
For issuing guidelines on this form, see Guidelines.