STATE OF ARIZONA
DEPARTMENT
OF REAL ESTATE
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
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.
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BE RESCINDED BY YOU WITHOUT CAUSE BY SENDING OR DELIVERING WRITTEN NOTICE OF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.