BISBEE PUEBLO CONDOMINIUM

Size: px

Start display at page:

Download "BISBEE PUEBLO CONDOMINIUM"

Myron Wilkinson
6 years ago
Views:

Arizona Department of Real Estate (ADRE) Investigations and Development Services Division www.azre.gov developments@azre.gov / investigations@azre.gov PHOENIX OFFICE 2910 N.

1 Arizona Department of Real Estate (ADRE) Investigations and Development Services Division / PHOENIX OFFICE 2910 N. 44 th STREET STE-100 PHOENIX, AZ JANICE K. BREWER GOVERNOR JUDY LOWE COMMISSIONER SUBDIVISION DISCLOSURE REPORT (PUBLIC REPORT) Registration No Effective Date: 4/13/ st Amended Date: May 14, 2013 Subdivider: BISBEE PUEBLO, INC., Todd Bogatay, Pres. PO BOX Z BISBEE, AZ This report is NEITHER A RECOMMENDATION NOR AN ENDORSEMENT by the State of Arizona for this subdivision. The Application and Public Report have not been subjected to a detailed examination by the Arizona Department of Real Estate. The report was prepared by the subdivider and none of the information in this report has been verified by the Department; all information has been accepted by the Department as true and accurate based on attestation of the subdivider/or the subdivider's agents. The purchaser should verify all facts before signing any documents. The Department assumes no responsibility for the quality or quantity of any improvement in this development.

2 CONTENTS 2 GENERAL 3 SUBDIVISION LOCATION 4 UTILITIES 4 STREETS, ROADS AND DRAINAGE 4 LOCAL SERVICES AND FACILITIES 4-5 COMMON, COMMUNITY AND RECREATIONAL FACILITIES 5 ASSURANCES FOR COMPLETION OF IMPROVMENTS 5 HOME OWNERS ASSOCIATION (HOA): ASSOCIATION 5 BISBEE PUEBLO CHARACTERISTICS 5-6 BISBEE PUEBLO USE AND RESTRICTIONS 6 TITLE 6 METHOD OF SALE OR LEASE 6 TAXES AND ASSESSMENTS 6-7 EXHIBIT A. EXCEPTIONS (SCHEDULE B) 7-8 2

3 1. YOU BE GIVEN THIS PUBLIC REPORT; THE ARIZONA DEPARTMENT OF REAL ESTATE REQUIRES THAT: 2. YOU SIGN A RECEIPT INDICATING THAT YOU RECEIVED THIS REPORT; RECOMMENDS THAT: 1. YOU DO NOT SIGN ANY AGREEEMENT 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. GENERAL This Report includes: Description of the subdivision and Condominium Units 1-10 The Amended Plat map of this subdivision is recorded in Book 48 Pages 59 and 59A, 17 OCT The subdivision is approximately acres in size. It has been divided into 10 units according to the Plat with property corners as marked by survey. Easements as shown on the Plat, recorded in Cochise County Book 48, pages 59-59A. 17 OCT '12 a. DEDICATION: The undersigned owners of the land shown and described hereon do hereby subdivide and Plat said land in the manner shown herein. The easement shown hereon as the existing drainage is hereby granted to the City of Bisbee for the purposes of maintaining, repairing and improving a drainage way easement with associated improvements for flood control purposes. This public easement is subject to the rights of the property owners, their successors and assigns to continue to use and improve the areas adjacent to, above and in this easement for the purposes shown on this Plat. (signed: Todd C. Bogatay, Pres. Bisbee Pueblo, Inc. 17 OCT 2012) b. NOTES: Bluestake service was not provided and therefore the surveyor assumes no responsibility for the location of underground utilities. Basis of bearing was geodetic based on GPS observations. This survey was prepared with the benefit of a "Commitment for Title Insurance" document provided by Pioneer Title Agency, No DB COMMON AREAS INCLUDE: 1. All of areas "A" and "B" except the individual airspace units. 2. All walls, ceilings, floors and all items beyond the individual airspace units. 3. All utility lines (after meters) including Electric, Gas, Water, Sewer, Cable and Telephone 4. All Hot Water and Space Heating and Cooling Equipment will be owned in common by the Bisbee Pueblo Association (Home Owners Association) in undivided interests. 3

4 5. Well, Pump, and Pipes for Park, Orchard and Garden Irrigation System will be owned in common by the Bisbee Pueblo Association in undivided interests LIMITED COMMON ELEMENTS INCLUDE: 1. Rear Decks and Storage areas: One for each Unit. 2. Designated Parking spaces. One for each Unit. 3. Front Yard Entry areas: One for each Unit. AIRSPACE UNITS INCLUDE: 1. Individual Airspace Units as described on Sheet 2 of Plat. YOU ARE ADVISED TO OBTAIN A COPY OF THE RECORDED PLAT MAP, AND NOTE ALL EASEMENTS RESTRICTIONS AND STATEMENTS CONTAINED THEREIN. SUBDIVISION LOCATION: PUEBLO COURT APARTMENT (AMENDED PLAT) 1001 WEST BOULEVARD,BISBEE, ARIZONA. (NW CORNER OF WEST BOULEVARD AND COMPTON AVENUE), IN THE CITY OF BISBEE, COUNTY OF COCHISE, STATE OF ARIZONA, U.S.A. UTILITIES: approximately $238/unit/month ELECTRICITY: APS. The Bisbee Pueblo Condominium Association is under one bill with two meters, one for units 1-4 and common and the other for units 5-10 and laundry. Electric charges will be determined by the Bisbee Pueblo Condominium Association and billed with the monthly assessment to the individual unit owners. At present electricity is approximately $35/unit/month. This estimate is likely to be less due to new more efficient equipment. APS will require a deposit of $1000 when ownership is transferred to the Association. TELEPHONE, TV CABLE, INTERNET: COX CABLEONE, , can provide a package deal for all three for $99./unit/month. Other services are available from Qwest/Century Link, and several satellite services are also available NATURAL GAS: SW GAS, =6020. The Bisbee Pueblo Condominium Association is under one bill with two meters. One is for the Condos and the other is for the Laundry. At present gas is approximately $29/unit/month. Gas charges will be determined by the BP Condo. Assoc. and billed with the monthly assessment to the individual unit owners. Gas is likely to be less due to replacing gas water heaters with solar. WATER: ARIZONA WATER COMPANY The Bisbee Pueblo Condominium Association is under one bill with one meter. At present water is approximately $12/unit/month. Water charges will be determined by the BP Condo. Assoc. and billed with the monthly assessment to the individual unit owners. SEWER AND GARBAGE/TRASH: The City of Bisbee, Present billing is $61.99/unit/month. PURCHASERS ARE ADVISED TO CONTACT THE ABOVE LISTED PROVIDERS REGARDING RULES, REGULATIONS, SERVICE CONNECTIONS, INSTALLATION CHARGES, ACCOUNT SET-UP FEES AND THE COSTS INVOLVED. COSTS ARE SUBJECT TO CHANGE BY THE SERVICE PROVIDERS. 4

5 STREETS, ROADS AND DRAINAGE ACCESS TO THE CONDOMINIUM IS COMPLETE. MAINTENANCE PROVIDED BY THE CITY OF BISBEE. COST INCLUDED IN PROPERTY TAXES. ACCESS WITHIN THE CONDOMINIUM IS COMPLETE. MAINTENANCE PROVIDED BY THE ASSOCIATION AND INCLUDED IN ASSESSMENTS. STREET LIGHTS: NONE FLOOD AND DRAINAGE: SEWERS ARE COMPLETE. PROPERTY IS WITHIN FEMA ZONE AE. RAIN WATER IS DIRECTED TO THE PARK AND ORCHARD IN FRONT AND THE WASH IN BACK. LOCAL SERVICES AND FACILITIES SCHOOLS: GREENWAY ELEMENTARY SCHOOL, COLE AVE. ; LOWELL MIDDLE SCHOOL, 100 OLD DOUGLAS RD.; BISBEE HIGH SCHOOL, SCHOOL TERRACE RD. CITY SWIMMING POOL, 1 QUALITY HILL RD. POLICE, 1 HWY. 92; FIRE & AMBULANCE, TOMBSTONE CANYON. EMERGENCY DIAL 911 LIBRARY, 6 MAIN ST. SHOPPING FACILITIES: SAFEWAY SUPERMARKET AND PHARMACY, 107 S. NACO RD. MEDICAL FACILITIES: COPPER QUEEN COMMUNITY HOSPITAL; CHIRICAHUA MEDICAL CENTER PUBLIC TRANSPORTATION: BISBEE BUS, COMES TO WEST BLVD. AT CLOVERLEAF TO HWY. 80 AIRPORT: BISBEE AIRPORT, SET UP ONLY FOR SMALL PRIVATE PLANES. TUCSON AIRPORT IS THE NEAREST MAJOR AIRPORT. COMMON, COMMUNITY AND RECREATIONAL FACILITIES COMMON AREA A. includes the Park and Driveway with Parking. The Park includes a Patio for entertaining with fire pit, picnic table, bird bath, swing and orchard. The Orchard includes a variety of fruit trees (15), plots for gardening and a well with drip irrigation system. The Parking area includes designated parking places for each unit, determined by the Association. COMMON AREA B, includes the Wash and areas adjoining it. The Wash is viewed from the rear Decks of units and provided a corridor for wild animals and roof and flood drainage. ASSURANCES FOR COMPLETION OF IMPROVMENTS ALL FACILITIES ARE COMPLETE MAINTENANCE OF FACILITIES: As stated in the BYLAWS of the BISBEE PUEBLO ASSOCIATION, INC., the facilities are to be maintained by the Association and owners will receive monthly bills including any special assessments determined by the Association. HOME OWNERS ASSOCIATION (HOA): ASSOCIATION, $100/unit/mo. 5

6 THE ASSOCIATION, A NOT FOR PROFIT CORPORATION, WILL DETERMINE MONTHLY ASSESSMENTS BASED ON SHARED UTILITY, MAINTENANCE COSTS, AND ANY SPECIAL ASSESSMENTS DETERMINED BY THE ASSOCIATION. AN APPROXIMATE ASSESSMENT IS $100/UNIT/MONTH TO COVER GROUNDS MAINTENANCE, INSURANCE, AND REPAIRS. THIS WILL BE DETERMINED BY THE ASSOCIATION AND WILL VERY LIKELY BE DIFFERENT FROM THIS ESTIMATE. THE PERIOD OF DECLARANT CONTROL OF THE ASSOCIATION SHALL EXPIRE UPON THE EARLIER OF: (a). 90 DAYS AFTER 75% OF ALL UNITS HAVE BEEN SOLD TO A PERMANENT OWNER OTHR THAN THE DECLARANT; OR (b). 4 YEARS AFTER THE DECLARANT HAS CEASED TO OFFER UNITS FOR SALE TO THE PUBLIC. TITLE TO THE COMMON AREAS SHALL BE HELD BY THE BISBEE CONDOMINIUM ASSOCIATION FOR USE BY ALL THE OWNERS. ALL UNIT OWNERS WILL BE MEMBERS OF THE ASSOCIATION. PAYMENTS TO THE BISBEE CONDOMINIUM ASSOCIATION ARE TO BE DETERMINED BY THE MEMBERS OF THE ASSOCIATION ACCORDING TO UTILITY AND MAINTENANCE COSTS. THESE COSTS ARE SUBJECT TO CHANGE AND MAY INCLUDE SPECIAL ASSESSMENTS AS DETERMINED BY THE MEMBERS. BISBEE PUEBLO CHARACTERISTICS TOPOGRAPHY: THE LAND SLOPES SLIGHTLY TO THE EAST AND SOUTH. THE UNITS ARE AT GROUND LEVEL. THE DRIVEWAY IS SLOPED TO DIRECT WATER TO THE PARK AND TREES FLOODING AND DRAINAGE: THE PUEBLO IS NOT SUBJECT TO ANY KNOWN FLOODING OR DRAINAGE PROBLEMS. IT IS WITHIN FEMA ZONE AE, AS SHOWN ON MAPS AT THE COCHISE COUNTY P&Z. DURING THE LAST 25 YEARS THE WASH HAS NOT SHOWN MORE THAT 1 FT. OF WATER. THERE IS A 6 FT. DIFFERENCE IN ELEVATION BETWEEN THE BOTTOM OF THE WASH AND FLOOR LEVELS OF THE UNITS. THE WASH VARIES IN WIDTH FROM 8 TO 12 FT. SOILS: THE BUILDING FOUNDATION IS ON ROCK AND COLLICHE AND IS NOT SUBJECT TO SUBSIDENCE OR EXPANSIVE SOILS. BISBEE PUEBLO USE AND RESTRICTION USE: THIS OFFERING IS FOR COMPLETED CONDOMINIUM UNITS. ZONING IS FOR MULTI-FAMILY RESIDENTIAL. CONDITIONS, RESERVATIONS AND RESTRICTIONS: IN ACCORDANCE WITH THE RECORDED DECLARATION, THE ASSOCIATION, AND BYLAWS, THE PLAT, AND EXISTING ZONING ORDINANCES. YOU ARE ADIVISED THAT THIS CONDOMINIUM PROVIDES FOR AN ARCHITECTURAL CONTROL COMMITTEE. TITLE TITLE TO BISBEE PUEBLO IS PRESENTLY IN THE NAME OF BISBEE PUEBLO, INC. AN ARIZONA CORPORATION. UPON SALE, TITLE OF UNITS WILL BE PASSED TO INDIVIDUAL OWNERS AND COMMON AREAS TO THE ASSOCIATION. TITLE IS SUBJECT, AMONG OTHER THINGS, TO ALL TAXES, ASSESSMENTS, COVENANTES, 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 4/24/13, ISSUED BY PIONEER TITLE CO. YOU SHOULD OBTAIN A TITLE REPORT AND DETERMINE THE EFFECT OF THE LISTED EXCEPTIONS. 6

7 METHOD OF SALE SALES WILL BE COMPLEDED BY A RESIDENTIAL SALES CONTRACT AND PIONEER TITLE COMPANY ESCROW. YOUR VESTED OWNERSHIP WILL BE EVIDENCED BY THE SELLER 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. CASH SALES ARE ALLOWED. SELLER OFFERS TO CARRY NOTES AT 5% INTEREST WITH 25% DOWN PAYMENT. USE AND OCCUPANCY: UNIT BUYERS WILL BE PERMITTED TO USE AND OCCUPY THEIR UNIT UPON CLOSE OF ESCROW AND RECORDATION OF DEED. 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 THOROUGLY BEFORE SIGNING. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE PRIOR TO COMMITTMENT TO PURCHASE. TAXES AND ASSESSMENTS REAL PROPERTY TAXES: PRESENT TAXES ARE PAID AS BELOW FOR UNITS AS NUMBERED 1-10 AND COMMON AREA A. TAXES ARE PAID THROUGH TAXES ARE SUBJECT TO CHANGE. TAX BILLS FOR 2013 WILL BE ISSUED SEPTEMBER : $ : $ : $ : $ : $ : $ : $ : $ : $ : $ COMMON AREA A : $9.42 SPECIAL DISTRICT TAX OR ASSESSMENTS: THERE ARE NO KNOWN SPECIAL DISTRICTS OR ASSESSMENTS, OTHER THAN THOSE SET UP BY THE ASSOCIATION, KNOWN AT THIS TIME. YOU ARE ADVISED TO READ THE FOLLOWING RECORDED DOCUMENTS IN ORDER TO DETERMINE YOUR RIGHTS AS UNIT OWNERS TO PARTICIPATE IN THE CONTROL OF THE ASSOCIATION, AND TO DETERMINE THE RIGHTS, DUTIES AND LIMITATIONS OF OWNERS IN AND TO USE OF THEIR UNITS. 1. DECLARATION, COCHISE COUNTY RECORDED , DATED 11 APR THE ASSOCIATION, AZCC NO AND BYLAWS 3. THE BISBEE PUEBLO (A CONDOMINIUM) AMENDED PLAT, COCHISE COUNTY, RECORDED BOOK 48, PAGES 59-59A. 17 OCT FURTHER YOU SHOULD DETERMINE FOR YOURSELF IF SUBDIVIDERS ARRANGEMENTS AND PLANS FOR THE PAYMENT OF ASSESSMENTS ON UNSOLD UNITS WILL BE SUFFICIENT TO FULFILL THE NEEDS, DEMANDS AND FINANCIAL OBLIGATIONS OF THE ASSOCIATION AS SET FORTH IN THE DECLARATION AND BYLAWS EXHIBIT A: EXCEPTIONS (SCHEDULE B) (All recording data refer to records in the office of the Cochise County Recorder in which county the land is situated.) 1. Taxes and assessments collectible by the County Treasurer not yet due and payable for the following year:

8 2. Liabilities and Obligations that may arise by reason of the formation, by the City of Bisbee of a district for Mule Gulch Waste, Water District. 3. The right of entry to prospect for, mine and remove all ores and minerals in said land, as implied by the reservation of same in instrument. 4. Effect of the provisions relating to subjacent support as set forth in instrument: Recorded in Book: 118 of Deeds of Real Estate; Page 385 (Affects that portion of the Common Elements lying within Lots 61 through 67 of Sims Addition) 5. Easements as shown on the plat recorded in Book 4 of Maps, page Easements as shown on the recorded plat of said subdivision recorded in Survey Book 48, pages 59-59A. 7. 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 se, handicap, familial status or national origin contained in instrument: Recorded in Document No.: Rerecorded in Document No.: Matters concerning water as set forth in instrument: Recorded in Document No.: By the use of this exception, the company does not limit the generalities contained in part 1 of this Schedule B 9. Matters contained in the following document, relating to Restricted Air Space and Military Airport recorded in Document No Matters Shown on Survey: Recorded in Book 48 of Surveys, Pages 59-59A TAX NOTE: INDIVIDUAL CONDO UNITS AND COMMON AREA A WITH THEIR SEPARATE TAX NUMBERS AND TAX AMOUNT ARE SHOWN ON PAGE 6. "TAXES AND ASSESSMENTS". 8

STATE OF ARIZONA DEPARTMENT OF REAL ESTATE

STATE OF ARIZONA DEPARTMENT OF REAL ESTATE UNSUBDIVIDED LANDS PUBLIC REPORT FOR WESTWOOD RANCHES PHASE IX Aka WESTWOOD RANCHES Registration No. DM01-028658 DEVELOPER DIAMOND 7 RANCH, L.L.C. 3140 West Ironwood