STATE OF ARIZONA

DEPARTMENT OF REAL ESTATE

SUBDIVISION PUBLIC REPORT

FOR

STRAWBERRY HOLLOW PHASE 2

 

Registration  No. DM 05-050104

 

 

SUBDIVIDER

Strawberry Hollow Development, Inc.

P.O. Box 2141

Pine, AZ  85544

 

 

August 9, 2005

Effective Date

 

PROPERTY REPORT DISCLAIMER

 

This report is NOT A RECOMMENDATION NOR AN ENDORSEMENT by the State of Arizona of this land but is provided for informational purposes ONLY.  The report reflects information provided by the subdivider and obtained by the Department in its review process in accordance with the provisions of Title 32, Chapter 20, Article 4, of the Arizona Revised Statutes, as amended.  NOTE that not all of the information in this report has been verified by the Department; certain information has been accepted by the Department as true and accurate based on attestation of the subdivider and/or the subdividerŐs agents.  You should verify all facts before signing any documents.  The Department has not passed upon the quality or quantity of any improvement or structure and does not assume responsibility in either event.

 

PHOENIX OFFICE:                                                                                            TUCSON OFFICE:  

2910 N. 44th Street                                                                                     400 West Congress

First Floor                                                                                                                     Suite 523

Phoenix, Arizona  85018                                                                           son, Arizona 85701

(602) 468-1414 ext. 400                                                                                  (520) 628-6940

       


THE ARIZONA DEPARTMENT OF REAL ESTATE

 

REQUIRES THAT:

 

1.    You BE GIVEN this public report;

 

2.    YOU SIGN A RECEIPT indicating that you received this report;

 

RECOMMENDS:

 

1.    You DO NOT SIGN ANY AGREEMENT before you have read this report;

 

2.    You see the EXACT PROPERTY you are interested in BEFORE SIGNING any document for lease or purchase.

 

 

 

ARIZONA LAW STATES:

 

1.     THE SALE OR LEASE OF SUBDIVIDED LANDS PRIOR TO ISSUANCE OF THIS REPORT OR FAILURE TO DELIVER THIS REPORT TO YOU SHALL RENDER THE SALE OR LEASE RESCINDABLE BY YOU.  ACTION TO RESCIND MUST BE BROUGHT WITHIN 3 YEARS FROM DATE OF EXECUTION OF PURCHASE AGREEMENT.

 

2.     CONTRACTS OR AGREEMENTS FOR THE PURCHASE OF AN UNIMPROVED LOT (WITHOUT A BUILDING)* MAY BE RESCINDED BY YOU WITHOUT CAUSE BY SENDING OR DELIVERING WRITTEN NOTICE OF RESCISSION BY MIDNIGHT OF THE SEVENTH CALENDAR DAY FOLLOWING THE SIGNING.

 

3.     IF YOU HAVE SIGNED A PURCHASE AGREEMENT FOR THE PURCHASE OF AN UNIMPROVED LOT (WITHOUT A BUILDING)* PRIOR TO INSPECTING THE LOT, YOU HAVE SIX MONTHS TO INSPECT AND UPON INSPECTION MAY RESCIND THE PURCHASE AGREEMENT.

 

 

*   A contract or agreement for purchase of a lot which includes a building or obligates the seller to complete construction of a building within two years from the contract date does not constitute the purchase of an unimproved lot.  Therefore, if your purchase includes a lot and a building or a building to be built, you are not entitled to the rescission rights described in paragraphs 2 and 3.        


GENERAL

 

This report includes:  Lots 42 through 72 of Strawberry Hollow Phase 2.

 

The map of this subdivision:  is recorded in Map No. 758 A & B, #2005-007974, records of Gila County, State of Arizona.

 

The subdivision is approximately 37.76 acres in size.  Phase 2 is 11.94 acres and has been divided into 31 lots; there are no tracts in Phase 2.  Lot boundaries will be staked with rebar.

 

YOU ARE ADVISED TO OBTAIN A COPY OF THE RECORDED MAP AND CORRECTION DOCUMENTS, IF ANY, AND NOTE ALL EASEMENTS, RESTRICTIONS AND STATEMENTS CONTAINED THEREIN.

 

 

SUBDIVISION LOCATION

 

Location:  Strawberry Hollow, Pine, Gila County, Arizona.

 

 

SUBDIVISION CHARACTERISTICS

 

Topography:  Gently sloping, with rocky washes

 

Flooding and Drainage:  The subdivision, as engineered, is not subject to flooding and drainage problems.  Tetra Tech, Inc., in its statement dated May 25, 2005, states in part: 

 

      ". . .(3)  Tetra Tech, Inc. prepared construction plans and roadways were designed to follow natural contours of the land as much as possible.  Therefore, cuts and fills were minimized.  The street construction was designed to be suitable for access.  Roadside drainage and culvert crossings are designed to convey runoff generated from a 25-year 24-hour recurrence interval and checked for the 100-year 24-hour recurrence interval to ensure less than one foot of flow over the roads."

 

Adjacent Lands and Vicinity:  R-1-12 and R-1-43, which is residential 12,000 square feet and 1 acre respectively, surround the subdivision on the north, east, and south; Tonto National Forest is on the west.

 

 

AIRPORTS

 

Airport:  Payson Airport – 15 miles

 


UTILITIES

 

Electricity: Arizona Public Service (928-474-2204) with present facilities adjacent to subdivision.  Developer is responsible for completion of facilities to lot lines with an estimated completion date of May 1, 2006.  Estimated costs lot purchaser will have to pay for completion of facilities from lot line to dwelling are approximately $7.50 per foot for trenching and line installation.  There will also be a $25 connection fee plus deposit.

 

Telephone:  Qwest (928-776-2559 or 800- 244-1111) with present facilities adjacent to subdivision.  Developer is responsible for completion of facilities to lot lines with an estimated completion date of May 1, 2006.  There will be no additional costs for lot purchaser for completion of facilities to his lot line, but there will be an approximate  $7.50 per foot charge for trenching and line installation from the lot line to the dwelling.  There will be a $25 hook-up fee and a possible deposit of 2 ½ times the estimated monthly bill depending on credit history.

 

IT IS POSSIBLE THAT YOU MAY NOT HAVE TELEPHONE SERVICE AT THE TIME OF CLOSING. YOU ARE ADVISED TO CONTACT YOUR SERVICE PROVIDER TO DETERMINE THE STATUS OF TELEPHONE SERVICE.  YOU MAY ALSO WANT TO CONSIDER TEMPORARY ALTERNATIVES, I.E., A CELLULAR TELEPHONE.

 

Piped Propane Gas:  Energy West (928-474-2294) will provide facilities to the subdivision and these facilities are currently adjacent to the subdivision.  Developer is responsible for completion of the facilities to the lot lines with an estimated completion date of May 1, 2006.  There will be no additional costs of completion of facilities to lot line or from lot line to dwelling.  There may be an $85 deposit required as well as a $25 establishment fee and a $5 service fee monthly.

 

Water:  Domestic water will be supplied to this subdivision by the Strawberry Hollow Domestic Water Improvement District.  Completion of the facilities to the lot line is estimated to be May 1, 2006.  Fire hydrants will be installed by May 1, 2006, with no additional costs to the lot purchasers.  Maintenance of the water lines within the subdivision (other than from lot line to dwelling) will be the responsibility of the Improvement District.  Additional costs to purchasers are trenching and line installation from the lot line to the dwelling at approximately $7.50 per foot, a hook- up fee of $500, a monthly usage charge of $25 to include 1,000 gallons usage, and a commodity charge per 1,000 gallons (after the 1st 1,000 gallons usage) of $2.  In addition, there is an annual water user/availability fee of $150.00.

 

Arizona Department of Water Resources, in its Water Adequacy Report #22-4016170000 dated January 12, 2005, stated:

 

            "Strawberry Hollow Phase II subdivision is being served groundwater by Strawberry Hollow Water Improvement District.   The developer has chosen not to demonstrate a 100-year adequate water supply.  The criteria for physical, legal and continuous availability as set forth in A.A.C. R12-15-717 were not demonstrated, and proof of adequate water quality as set forth in A.A.C. R12-15-718 was not provided.  Therefore the Department must find the water supply to be inadequate.  For additional information, please contact the Arizona Department of Water Resources at (602) 417-2465."

 

Sewage Disposal:   The provider will be Strawberry Hollow Wastewater Improvement District.  Additional costs to the purchaser are trenching and line installation from the lot line to the dwelling at approximately $7.50 per foot and an effluent tank and possible effluent pump at a cost of $3,000-$5,000.  The estimated costs to connect are:  service line hookup charge - $150; there will also be a $150 Annual User/Availability Fee and a $15 monthly usage charge after service begins.  The estimated date of completion to lot lines is May 1, 2006.

 

The Developer will be responsible for completion of the sewage collection and disposal facilities to the lot lines with an estimated completion date of facilities to the lot lines of May 1, 2006.  The Improvement District is responsible for maintenance of the sewage collection and disposal facilities within the subdivision other than from lot line to dwelling. 

 

THE ABOVE COSTS ARE SUBJECT TO CHANGE BY SERVICE PROVIDERS.  YOU SHOULD CONTACT THE ABOVE PROVIDERS REGARDING EXTENSION RULES AND REGULATIONS, SERVICE CONNECTIONS AND COSTS INVOLVED.

 

 

STREETS, ROADS AND DRAINAGE

 

Access to the Subdivision:  Legal and permanent access to the subdivision, and the lots within, is provided for conventional 2-wheel drive automobiles and emergency vehicles.  The exterior streets are public.  and will be maintained by Gila County, which has accepted the streets for maintenance. There will be no additional costs for the lot purchaser with respect to exterior streets.

 

Access within the Subdivision:  Interior streets within the subdivision are public.  Developer is responsible for completion of the street within the subdivision with an estimated completion date of May 1, 2006.  Surfacing of interior streets will be asphalt.  Upon completion and acceptance of the interior streets Gila County will be responsible for street maintenance.  There will be no additional costs for the lot purchaser with respect to interior streets.

 

Arizona State Trust Land:     The Arizona State Land Department administers over 9.3 million acres of State Trust Land.  This is not public land.  Trust land may be subject to future development and may not be preserved or saved for open space without compensation.

 

A person must have prior approval to use State Trust Land.  Temporary recreational use is allowed with certain restrictions and conditions through purchase of a recreational permit.  Use of State Trust Land without proper approval is a trespass.

 

MANY ROADS ON RURAL TRUST LANDS ARE NOT LEGAL TRAVEL ROUTES, EXCEPT FOR STATE LESSEES AND HUNTERS, AND DO NOT PROVIDE LEGAL ACCESS TO PRIVATE LAND.  STATE TRUST LAND MAY BE SOLD OR LEASED FOR USES WHICH MAY EXCLUDE RECREATION.  RECREATION IS A TEMPORARY USE THAT MAY BE TERMINATED AT ANY TIME.

For additional information, visit the State Land Department web page at www.land.state.az.us, or call (602) 542-4631.

 

Flood and Drainage:  Developer will be responsible for completion of the flood protection and drainage culverts.  Estimated completion date is May 1, 2006.  There will be no additional costs for the lot purchasers for completion of facilities.  Maintenance of the facilities is the responsibility of the Property Owners' Association and Gila County, as designated, upon completion of the facilities.  Costs lot purchasers will be required to pay toward maintenance of facilities will be included in the Strawberry Hollow Property Owners Association  (POA) dues.  Any construction within drainage areas shown on the plats will require approval of Gila County.

 

 

COMMON COMMUNITY FACILITIES

 

Within the Master Planned Community:  This subdivision is part of the Strawberry Hollow master planned community.  Tracts A and E have been conveyed to the Strawberry Hollow Wastewater Improvement District; Tracts B and C, the detention basin and catchment pond, are in the process of being conveyed to the Property Owners' Association; and Tract D has been conveyed to the Strawberry Hollow Domestic Water Improvement District.  Tracts F, H, I, and J are small tracts, and will be retained by the Developer for its future use.  Developer may turn these tracts over to the Property Owners' Association in the future.

 

 

ASSURANCES FOR COMPLETION

 

Assurances for Completion of Subdivision Facilities:  Financial assurance to Gila County through Stockmen's Bank.

 

Assurances for Maintenance of Subdivision Facilities:  Strawberry Hollow Property Owners' Association. 

 

 

LOCAL SERVICES AND FACILITIES

 

Schools:  Pine/Strawberry Elementary School (1-8) – 1 mile; Payson High School (9-12) – approximately 15 miles.  School bus transportation is provided.

 

SCHOOL FACILITIES AND BUS SERVICE MAY CHANGE.  YOU SHOULD CONTACT THE LOCAL SCHOOL BOARD REGARDING THE CURRENT LOCATION OF SCHOOLS AND BUS SERVICE.

 

Shopping Facilities:  Limited shopping facilities - Pine – 2 miles.  Complete facilities in Payson – 15 miles.

 

Public Transportation:  There is no public transportation to the subdivision.

 

Medical Facilities:  Pine Medical Clinic is approximately 1 mile away.

 

Fire Protection:  Fire protection is available to the subdivision through the Pine/Strawberry Fire Department.

 

Ambulance Service:  Ambulance service is available by dialing 911.

 

Police Services:  Gila County Sheriff's Department.

 

Garbage Services:  Waste Management ($18.55 per month) or Roadrunner Rubbish Removal ($17.75 per month) are the service providers for garbage collection to the subdivision.

 

LOCATIONS AND COSTS OF THE ABOVE SERVICES AND FACILITIES MAY CHANGE.  YOU SHOULD VERIFY THEIR CURRENT LOCATIONS AND COSTS PRIOR TO PURCHASE.

 

 

SUBDIVISION USE AND RESTRICTIONS

 

Use:  This offering is for unimproved lots only.

 

"Unimproved lot or parcel" means a lot or parcel of a subdivision that is not an improved lot or parcel.

 

"Improved lot or parcel" means a lot or parcel of a subdivision upon which lot or parcel there is a residential, commercial or industrial building or concerning a contract has been entered into between a subdivider and a purchaser that obligates the subdivider directly or indirectly through a building contractor, to complete construction of a residential, commercial or industrial building on the lot or parcel within two years from the date on which the contract of sale for the lot is entered into.

 

          Zoning:  Residential   

 

Conditions, Reservations and Restrictions:  Declaration of Covenants, Conditions, and Restrictions, Strawberry Hollow Phase II, on May 11, 2005 as Docket 2005-007972, official record of Gila County, Arizona.

 

Restrictions and Other Matters of Record:  Conditions, reservations and restrictions that may run with the land including City or County zoning restrictions should be investigated by you.  Copies of those items which are recorded may be inspected at the Office of the Gila County Recorder.  Information about zoning may be obtained at the Office of the Gila County Planning and Zoning Department.  Restrictions are recorded as cited in the following title exceptions and per the subdivision plat.

 

TITLE

 

Title to this subdivision is vested in Pioneer Title Agency, Inc., an Arizona corporation, as Trustee under Trust No. 122918.

 

Subdivider's interest in this subdivision is that of Second Beneficiary of the above mentioned Trust.

 

Title is subject, among other things, to all taxes, assessments, covenants, conditions, restrictions, limitations, reservations, rights, obligations, powers, easements, rights of way, liens, and charges of record.  YOU SHOULD INVESTIGATE THE TITLE AND SATISFY YOURSELF AS TO WHAT EFFECT, IF ANY, THESE MATTERS MAY HAVE ON THE USE OF THE LAND.  Title exceptions affecting the condition of title are listed in the Title Report dated August 4, 2005, issued by Pioneer Title Agency, Inc.  You should obtain a title report and determine the effect of the listed exceptions.

 

EXCEPTIONS:  SEE EXHIBIT "A" ATTACHED

                                               

 

METHOD OF SALE OR LEASE

 

Sales:  YOUR VESTED INTEREST/OWNERSHIP INTEREST IN THE PROPERTY WILL BE EVIDENCED BY THE SUBDIVIDER DELIVERING A RECORDED DEED TO YOU AND BY YOUR SIGNING A PROMISSORY NOTE AND MORTGAGE OR DEED OF TRUST FOR THE UNPAID BALANCE, IF ANY.  YOU SHOULD READ THESE DOCUMENTS BEFORE SIGNING THEM.

 

Release of Liens and Encumbrances:  DEVELOPER HAS ADVISED THAT ARRANGEMENTS HAVE BEEN MADE WITH THE LENDER IN THE AFOREMENTIONED DEED OF TRUSTS  FOR THE RELEASE OF INDIVIDUAL LOTS.

 

Use and Occupancy:  Upon close of escrow and completion of improvements.

 

THE PURCHASE CONTRACT IS A BINDING AGREEMENT.  CONTRARY TO THE TERMS AND PROVISIONS OF THE CONTRACT, YOU MAY HAVE ADDITIONAL RIGHTS, REMEDIES AND WARRANTIES PROVIDED BY LAW.  READ THOROUGHLY BEFORE SIGNING.  IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE PRIOR TO COMMITMENT TO PURCHASE.

 

 

TAXES AND ASSESSMENTS

 

Real Property Taxes:  The combined primary and secondary property tax rate for this subdivision for the year 2004 is $11.8699 per $100.00 assessed valuation.  The estimated property tax for an unimproved lot (vacant), based on the above tax rate and average sales price of $75,000 is $1,210.00.

 

Special District Tax or Assessments:  Special assessment districts have been established for a sewer improvement district and a water improvement district. 

 

AMOUNT OF TAXES AND ASSESSMENTS SET FORTH ABOVE ARE APPROXIMATE ONLY AND SUBJECT TO CHANGE.

 

 

PROPERTY OWNERS ASSOCIATIONS

 

Name and Assessments:  Strawberry Hollow Property Owners Association.  Assessments are $365 per year per lot.

 

Control of Association:  Will be turned over to the Association when 90% of all lots in both phases have been sold.

 

Title to Common Areas:  May be turned over to the Association after 90% of all lots in all phases have been sold.

 

Membership:  All lot owners will be members of the association.

 

PAYMENTS TO PROPERTY OWNERS ASSOCIATIONS ARE SUBJECT TO CHANGE IN ACCORDANCE WITH RECORDED RESTRICTIONS.  SAID ASSOCIATION MAY ALSO IMPOSE SPECIAL ASSESSMENTS.

 

YOU ARE ADVISED TO READ THE RECORDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, ARTICLES OF INCORPORATION, AND BYLAWS FOR THIS SUBDIVISION TO DETERMINE THE RIGHTS OF LOT OWNERS TO PARTICIPATE IN THE CONTROL OF THE PROPERTY OWNERSŐ ASSOCIATION AND TO DETERMINE THE RIGHTS, DUTIES AND LIMITATIONS OF OWNERS IN AND TO USE OF THEIR LOT.  FURTHER, YOU SHOULD DETERMINE FOR YOURSELF IF SUBDIVIDERŐS ARRANGEMENTS AND PLANS FOR THE PAYMENT OF ASSESSMENTS ON UNSOLD LOTS WILL BE SUFFICIENT TO FULFILL THE NEEDS, DEMANDS AND FINANCIAL OBLIGATIONS OF THE ASSOCIATION, AS SET FORTH IN THE DECLARATION AND BYLAWS.


EXHIBIT "A"

 

1.   Water rights, claims or title to water, and agreements, covenants, conditions or rights incident thereto, whether or not shown by the public records.

      This exception is not limited by reason of the disclosure of any matter relating to Water Rights as may be set forth elsewhere in Schedule B.

 

2.   Liabilities and obligations imposed by reason of the inclusion of said land within the following named district(s):

 

Name                                           :  Pine-Strawberry Fire District 

 

3.   Liabilities and obligations imposed by reason of the inclusion of said land within the following named district(s):

 

Name                                           :  Strawberry Hollow Waste Water Improvement District

 

4.   Liabilities and obligations imposed by reason of the inclusion of said land within the following named district(s):

 

Name                                           :  Strawberry Hollow Domestic Water Improvement District

 

5.   Liabilities and obligations imposed by reason of the inclusion of said land within the following named district(s):

 

Name                                           :  Strawberry Hollow Property Owners Association

 

6.   Taxes and assessments collectible by the County Treasurer not yet due and payable for the following year:

 

Year                                             :  2005

 

7.   Easements as shown on the recorded plat of said subdivision.

 

8.   Restrictions, Conditions, Covenants, Reservations, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion, sex, handicap, familial status or national origin contained in instrument

 

      Recorded in Document No.                             2001-3946

      Recorded in Document No.                             2001-12716 and

      Recorded in Document No.                             2005-007972

      and as shown on the recorded plat of said subdivision.

 

 9.        Deed of Trust given to secure the original amount shown below, and any other amount payable under the terms thereof:

 

            Amount:                     $317,000.00

            Dated:                                    May 11, 2005

            Recorded:                 May 11, 2005

            Document No.          2005-008198

            Trustor                       Strawberry Hollow Development, Inc., an Arizona corporation

            Trustee                      The Stockmen's Bank

            Beneficiary                The Stockmen's Bank, an Arizona corporation

 

 

NOTE:  There are no other matters of record to the date of this report.

            Access is provided by Map No. 732A and 732B to State Highway 87.