Line_Item_1_-_Plat_3_Lot_239_Mitola_Title_Search_Request_Cover_Page.pdf

EMERGENCY WATERSHED PROTECTION PROGRAM - FLOODPLAIN

EASEMENT

TITLE SEARCH REQUEST

1) Landowners Name(s): _____________________________________________

2) Location of land:

a. State:

b. County:

c. Section, Township:

d. Tax Parcels:

e. Acreage of Easement Area:

f. Acreage of Parent Tract:

3) Statement of Work – Attachment A

4) Current Deed of Ownership – Attachment B

5) Map of Easement Area and Access of Ingress/ Egress– Attachment C

6) Easement Purchase Price $ Not Available at this time

ADDITIONAL INFORMATION:

Version 3 - May 2017

STATEMENT OF WORK

TITLE COMMITMENT and CLOSING SERVICES for

NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

EASEMENT PROGRAMS

I. OBJECTIVE

The objective of this contract is to obtain a title commitment, update post survey, and closing services for acquisitions of conservation easements on behalf of the United States of America, acting by and through the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture, pursuant to Title II of the Agricultural Act of 2014 (Public Law 113-79).

II. BACKGROUND

The Agricultural Conservation Easement Program (ACEP) authorizes the acquisition of easement rights from willing landowners for the purpose of restoring and protecting wetlands and associated upland and riparian rights. NRCS is an agency within the U.S. Department of Agriculture that is responsible for administration of this program.

III. SCOPE

The contractor must coordinate and facilitate the following services:

1. Provide the title commitment (or search), including copies of all instruments that created rights, interests, or encumbrances on the property, for the easement boundary and ingress-egress descriptions.

2. Work with NRCS and the landowners to clear exceptions on title to the property and resolve vesting interests.

3. Update the title commitment, after acquiring surveyed legal description of easement area, including copies of all instruments that created rights, interests, or encumbrances on the property, not included on the original Title Commitment, for the easement boundary and ingress-egress descriptions.

4. Hold funds in escrow, provide closing protection coverage, and provide payment to proper recipient and IRS tax reporting Form 1099.

5. Obtain signatures on Warranty Easement Deeds.

6. Obtain signatures on subordination agreements and limited lien waivers, affidavits, and any other necessary documents.

7. Record documents with county recorder office.

8. Provide Final Title Insurance Policy.

9. Other services, as necessary, to finalize easement transactions.

ATTACHMENT A

IV. STANDARDS AND RESPONSIBILITIES

The acquisition of the program easement and any access easement is governed by the following requirements:

a. Department of Justice Title Standards 2001;

b. Attorney General’s title regulations (1970), with two amendments (1974, 1990);

c. Department of Justice's Procedural Guide for the Acquisition of Real Property by

Governmental Agencies (1972); and

d. NRCS regulations and policies governing the NRCS program under which the easement is being acquired.

The contractor will perform the same services which are customarily provided in a commercial transaction, including chain of title, determination of ownership and interest share of surface and subsurface rights, and all underlying documents. The contractor is responsible for having up-to-date knowledge of the requirements of the State’s laws on title searches, closing real estate transactions and title clearance. The title insurance company and its issuing agents must be on the U.S. Attorney General’s list of approved companies and must comply with the State’s laws, including title insurance reserves requirements. The contractor must be licensed to do title insurance business in the state. The title insurance company must be approved by the State’s insurance commissioner

V. DESCRIPTION OF SERVICES

A. Title Commitment (or Search)

The contractor must obtain the following:

1. Copies of all instruments that created rights, interests, or encumbrances on the proposed easement property

2. Preliminary title commitment, which must cover the entire subject property, and must commit to issuing the final title policy to the United States of America on the American Land Title Association (ALTA) U.S. Policy Form 9/28/91 (Revised 12/3/12)1.

3. Title search services and title commitment must be provided within 21 business days of receiving the request from NRCS.

4. The invoice submitted to the Invoice Processing Platform (IPP) for services rendered at www.ipp.gov.

The title commitment/binder must be from a licensed title insurance company and the amount of the owner’s coverage should be listed as the purchase price. The title search will be for a sufficient period of time for the title company to insure the title without objectionable exceptions, and will determine all owners of record, outstanding mortgages, liens, judgments or pending suits, outstanding tax claims, easements, or rights-of-way of any type, including

1 For easement acquisitions in Texas, the T-11 U.S. Policy and T-12 U.S. Endorsement may substituted any place the ALTA U.S. Policy Form 9/28/91 (Revised 12/3/12) is mentioned in this document.

oil, gas, and mineral interests that have been severed, and any other exceptions that may cloud the title of the easement to be purchased. The search must show ownership interest of the surface and must show whether the subsurface rights including oil, gas, coal, sand, gravel, and other minerals associated with the property have been severed. The title commitment must include a legible copy of all underlying documents of any type, whether oil, gas, and mineral interests have been severed, mortgages, bankruptcies, and any other exceptions that may cloud the title of the easement to be purchased.

Title search services and title commitment must be provided within 21 business days of receiving the request from NRCS. The contractor will be provided with the name and address of the landowner, a copy of the deed, a location map of proposed easement area, and access location.

Note that not every title commitment obtained by NRCS will result in a closing services contract or easement closing. NRCS may withdraw their offer to landowners if NRCS lacks funding, landowners are unable to provide clear title or sufficient legal access, and other reasons as determined by NRCS. The landowners may also elect to cancel the agreement with

NRCS.

B. Closing Services

The contractor must provide an updated Preliminary Title Commitment, after receiving the surveyed legal description from NRCS, which must cover both the easement area and access for ingress and egress. The Preliminary Title Commitment update must be provided within 14 business days of receiving the request from NRCS. The final title policy to the United States of America may only be issued on the American Land Title Association (ALTA) U.S.

Policy Form 9/28/91 (Revised 12/3/12)2.

Upon receipt of the updated Preliminary Title Commitment, NRCS will forward the documents to the USDA Office of General Counsel (OGC) Regional Attorney for a preliminary title opinion. If any outstanding issues remain, NRCS will work with OGC to determine which exceptions are acceptable and which must be cured. The contractor will be required to communicate with NRCS and the landowner regarding proper procedure(s) for the landowner to clear exceptions and obtain the execution of documents such as releases, subordinations, full or partial satisfaction for mortgages, lien waivers, affidavits of materialmen’s liens, and other types of releases of encumbrances on the property.

The technical representative will send the Closing Agent Requirements Letter to the contractor approximately 21 business days prior to the estimated closing date. Prior to closing, the contractor must confirm that any changes to the commitment requested in the Closing Agent Requirements are acceptable. The contractor must incorporate any changes requested in the Closing Agent Requirements by providing an amendment to the title commitment in one of the following formats within 10 business days of receiving the

2 For easement acquisitions in Texas, the T-11 U.S. Policy and T-12 U.S. Endorsement may substituted any place the ALTA U.S. Policy Form 9/28/91 (Revised 12/3/12) is mentioned in this document.

Closing Agent Requirements letter: (a) an endorsement to the latest title commitment, (b) a mark-up of the latest title commitment, or (c) a pro forma of the title policy. The contractor must provide an ALTA Closing Protection Letter Revised 3/27/87, or its equivalent, to the Technical Representative within 10 business days after receipt of closing agent requirements document.

The preliminary title commitment must not contain an exception related to the terms and conditions of the Warranty Easement Deed to be recorded at closing. However, if such exception is required by the title company, the proposed language for such exception must be approved prior to closing by OGC.

The contractor will establish an Escrow account in an FDIC insured account for the payment of the easement associated with this closing and include this account in their System for Award Management (SAM) registration. The contractor will be responsible for Form 1099 reporting of the payment through the Internal Revenue Service. NRCS will prepare documentation needed to authorize payment to the escrow account when notified of the closing date. In certain cases, as stated in the Closing Instructions, the contractor may be required to withhold a portion of the payment for property taxes and/or assessments that are not yet determined or payable in an escrow account and process payments when due.

NRCS will send the following items to the contractor: Closing Instructions, NRCS signed Warranty Easement Deed with exhibits, and any other additional documents required for closing. Upon receipt of the closing instructions, the contractor is required to provide an estimated closing date and close within 14 calendar days after receipt of funds into escrow account. If the closing will not take place within seven calendar days, the contractor shall notify NRCS in writing with a detailed explanation of why the closing is being delayed. The contractor will not obtain landowner signatures on any transaction or record deeds or other instruments prior to receiving the NRCS Closing Instructions and funds in escrow.

Prior to closing the easement, the contractor will ensure that the following have occurred:

1. No new encumbrances have been recorded against the subject property since the date of the title commitment/binder. If any new encumbrances have been recorded against the subject property since the date of the above-referenced title commitment/binder, notify the Technical Representative immediately and do not proceed until further instructions are received.

2. The contractor has received the payment in their escrow account.

3. The contractor is prepared to issue the policy of title insurance referred below.

4. All exceptions required to be removed, released, subordinated, waived, or otherwise handled as set forth in the Closing Instructions have been completed and the applicable clearance documents recorded and all other requirements met. Proposed subordination agreements, satisfactions, releases, partial releases, and other title curative documents to be signed at closing will be provided to NRCS for review and approval at least three (3) business days prior to closing.

5. Compliance with any listed title commitment/binder requirements.

6. Review the Warranty Easement Deed according to the closing instructions and ensure the proper names and marital status are correct.

7. The contractor will provide a copy of the proposed HUD-1 settlement statement to NRCS for review and approval as least three (3) business days prior to closing.

The contractor will schedule the execution of the Warranty Easement Deed with the landowner at a mutually agreed upon location and time. The preferred location is the local NRCS Service Center; however, the execution can take place at any agreed upon location.

The contractor will obtain properly executed and acknowledged deed from the landowner(s) conveying the program easement and access easement. The contractor will insure that the deed contains all required signatures, release of dower rights, and that all signatures are in proper form and have been acknowledged, that the acknowledgement certificates are in proper form and have been completed correctly, and that the deed contains all of the necessary exhibits.

When the signed documents are returned, the contractor will record the deeds and other instruments as necessary, and ensure the following have occurred:

1. The contractor will ensure that no new encumbrances have been placed on the property prior to recording the Warranty Easement Deed.

2. NRCS receives an electronic copy of the executed deed.

3. The contractor will record the Warranty Easement Deed, exhibits, and any necessary title curative documents within three (3) business days of execution.

4. All taxes, homeowners’ assessments, etc. are paid to the date the Warranty Easement

Deed is recorded.

5. The contractor will issue a policy of title insurance on ALTA U.S. Policy Form

9/28/91 (Revised 12/3/12), in the amount of the purchase price as of the time and date of the recording of the Warranty Easement Deed to the United States of America. Said policy of title insurance will be free and clear of any and all encumbrances to the title except those shown as acceptable in the Closing Instructions, and insure the Government’s interest in the easement area and the right of ingress-egress thereto. The final policy should reflect the execution and recording information pertaining to the insured easement, such as:

“30-Year or Perpetual Easement granted by to United States of America, by Warranty Easement Deed dated and recorded in Deed Record pages in the Office of the Recorder of County,__________.”

The contractor shall notify the Technical Representative that the easement has been recorded within 3 business days of the easement being recorded. The contractor will return a copy of the Warranty Deed to the landowner and the following package as an electronic copy to the Technical Representative within five (5) business days of receipt of recorded documents from the Clerk’s office and a hardcopy set of documents to the State Office identified in the Closing Instructions within 21 business days.

1. The invoice submitted to the Invoice Processing Platform (IPP) for services rendered at www.ipp.gov.

2. Policy of title insurance, ALTA U.S. Policy Form 9/28/91 (Revised 12/3/12) shall be used, naming the United States of America, as the insured, in the amount of the purchase price as of the date and time of recording the Warranty Easement Deed to the United States of America. The policy of title insurance will be free and clear of any and all encumbrances (exceptions) to the title except those shown as acceptable in the closing instructions.

3. Recorder’s certified copy of Warranty Easement Deed to the United States of America.

4. Copy of executed settlement statements.

5. Recorder’s certified copies of any curative documents, including subordination agreements.

Upon receipt and approval of the final documents and verification that the landowner has received a copy of the warranty deed, NRCS will request a Final Title Opinion from OGC. When the final documents are accepted by OGC, NRCS will process the contractors’ payment for closing services. If the final documents are not accepted by OGC, the contractor will be responsible for making corrections needed to gain final approval from OGC. If necessary corrections were originally addressed in the closing agent requirements form or closing instructions, such corrections will be done at no additional cost and returned to the Technical Representative within 14 days of notification of such issue.

VI. PAYMENT

There will be two payments issued:

1. Payment will occur upon receipt and approval of the all deliverables mentioned above in Section V. A. (preliminary title commitment); and

2. Payment will occur upon receipt and approval of all deliverables mentioned in above section V. B. (final approval received from OGC).

NRCS will approve the Contractor’s payment through the Invoice Processing Platform (IPP) for services rendered at www.ipp.gov.

VII. CONFLICT OF INTEREST

The contractor will not close an NRCS easement purchase for a spouse, child, partner, or business associate, and must not have a financial interest in the real estate covered by the proposed easement.

VIII. AUTHORITY

Only the NRCS Contracting Officer may authorize a modification to this contract. Any questions or requests may be directed to the Contracting Officer identified on the signed contract.

IX. NON-DISCLOSURE

Work performance required by this Scope of Work will involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel must comply with the terms of AGAR 452.224-70, Confidentiality of Information, as well as provisions of the Privacy Act of 1974, 5 U. S. C. 552a. Additionally, the Contractor's employees shall comply with privacy of personal information relating to natural resources conservation programs in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 107-171).

X. CIVIL RIGHTS AND PROGRAM DELIVERY

By signing this agreement the Contractor assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies.

PRICE QUOTES

All quotes should be firm-fixed price per line item listed below:

Supplies or Service Unit Price

1. Preliminary Title Search/Commitment

Includes price for all copy of all underlying documents

Job $

2. Title Commitment Update Job $

3. Closing/Escrow Services

Includes all currier and documentation Job $

4. Endorsement to Title Commitment or pro forma, prior to closing

Job $

5. Owner’s Affidavits or required cost to clear general exceptions

Job $

6. Closing Protection Coverage Job $

7. Recording Fees Per Page $

8. Title Insurance Premium Per $1000 of

Easement Price*

* In lieu of providing quote per $1000 of purchase price, contractor may provide a published fee schedule for those costs, including any fees for removal of standard exceptions.

If prices for items 1, 2 and/or 4 are waived when title insurance is purchased, please report that.

ATTACHMENT B

Location 45 RIVER ST Mblu 3/ / 239/ /

Acct# 0000300239 Owner MITOLA, VINCENT G, &

CAROL A

Assessment $278,100 PID 709

Building Count 1

Owner MITOLA, VINCENT G, & CAROL A Co-Owner

Sale Price $0 Certificate Book & Page 2318/ 122

Sale Date 09/04/2013

Year Built: 1987 Living Area: 7,076 Building Percent Good:

Replacement Cost Less Depreciation: $229,600

Building Attributes

Field Description

45 RIVER ST

Current Value

Assessment

Valuation Year Building Extra Features Outbuildings Land Total

2015 $229,600 $0 $0 $48,500 $278,100

Owner of Record

Ownership History

Ownership History

Owner Sale Price Certificate Book & Page Sale Date

MITOLA, VINCENT G, & CAROL A $0 2318/ 122 09/04/2013

MITOLA VINCENT G JR & DOROTHY M JT $0 551/ 61 05/02/2005

MITOLA MARTHA I & VINCENT G JR $0 551/ 61 09/25/1995

MITOLA MARTHA I , GEORGE MITOLA SR & VIN $0 181/ 462 11/12/1985

MITOLA MARTHA I $0 155/ 832 12/10/1980

Building Information

Building 1 : Section 1

Michael.Viola Highlight

STYLE Industrial

MODEL Ind/or Com

Grade Average

Stories: 1

Occupancy 1

Roof Cover Asph/F Gls/Cmp

Interior Wall 2

Interior Floor 1 Concr-Finished

Interior Floor 2

Heating Fuel None

Heating Type None

Bldg Use INDUSTRL MDL-96

Total Rooms

Total Bedrms 00

Heat/AC NONE

Frame Type WOOD FRAME

Baths/Plumbing AVERAGE

Ceiling/Wall NONE

Wall Height 12

Building Photo

(http://images.vgsi.com/photos/JohnstonRIPhotos//default.jpg)

Building Layout

Building Sub-Areas (sq ft)

Code Description Gross Area

Living Area

BAS First Floor 6,656 6,656

AOF Office avg 420 420

UST Utility, Storage, Unfinished 210 0

7,286 7,076

Land Use

Zone B2 Alt Land Appr No

Land Line Valuation

Size (Acres) 0.42 Depth 0

Extra Features

Extra Features

No Data for Extra Features

Land http://images.vgsi.com/photos/JohnstonRIPhotos//default.jpg

Category Assessed Value $48,500

(c) 2016 Vision Government Solutions, Inc. All rights reserved.

Outbuildings

Outbuildings

No Data for Outbuildings

CR

OS

S S T

RI

VE

R

DR

SCALABRINI DR

VANNER ST

RIVER AVE

E PARK ST

RIVER DR

Lot: 235

0.20 ac.

Lot: 239

0.42 ac.

Lot: 286

0.15 ac.

Lot: 284

0.07 ac.

Lot: 283

0.07 ac.

Lot: 246

0.23 ac.

Lot: 282

0.29 ac.

Lot: 248

0.61 ac.

Lot: 431

0.43 ac.

Lot: 430

0.46 ac.

Lot: 429

0.46 ac.

Lot: 137

1.55 ac.

Lot: 300

0.87 ac.

Lot: 244

0.21 ac.

Pocasset River

Simmons Brook

Landowner: Vincent & Dorothy Mitola Plat 3, Lot 239 Johnston, RI Approx. Acreage: 0.42 Agency: USDA-NRCS Date: 1/10/2018

EWP-FPE Eligibility Map

0 150 300 45075 Feet

Johnston EWP FPE Parcels Roads (e911) Stream/River Pond/Lake

Caracciolo Mitola (Vincent/Carol)

Mitola (Vincent/Joanne)

Prendergast Tantimonico

Vincent & Carol Mitola Plat 3, Lot 239

ATTACHMENT C

Landowner: Vincent & Dorothy Mitola Plat 3, Lot 239 Ingress/Egress: River Drive & River Avenue Public Roads Total Offered Acres: As Shown on Johnston Assessor's Map Agency: USDA-NRCS Date: 1/10/2018

EWP-FPE Boundary and Ingress/Egress Map

0 150 300 45075 Feet

Ingress/Egress Public Road Access to All Plots!.

EWP-FPE Easement Boundary