Section 1 - Appendix A

APPENDIX A

Required Disclosures

This Appendix outlines the requirements that must be met for Disclosure Statements and related disclosures including water supply and quality, terrain management, liquid and solid waste. Unless otherwise noted, all items apply to all types of Subdivisions.

SECTION 1. DISCLOSURE STATEMENT - SUBDIVISIONS CONTAINING FIVE OR MORE PARCELS

THE MATERIAL OUTLINED IN THIS SECTION MUST BE PROVIDED TO THE PROSPECTIVE PURCHASER OR LESSEE AT LEAST SEVENTY-TWO (72) HOURS PRIOR TO THE SALE OR LEASE.

A. Purchaser Information Statement

The following statement must appear as the first page of the Disclosure Statement:

"PURCHASER INFORMATION STATEMENT

PLEASE READ THIS DISCLOSURE STATEMENT BEFORE YOU SIGN ANY DOCUMENTS.

This Disclosure Statement is intended to provide you with enough information to permit you to make an informed decision on the purchase or lease of property described in this Statement. You should read carefully all of the information contained in this Statement before you decide to buy or lease the described property. You should be aware of the fact that various state agencies may have issued opinions on both the subdivision proposal and what is said in this Disclosure Statement about the proposal. These opinions, when required to be issued, whether favorable or unfavorable, are contained in this Disclosure Statement and should also be read carefully.

The Board of County Commissioners has examined this Disclosure Statement to determine whether the subdivider can satisfy what he has said in this Disclosure Statement. However, the Board of County Commissioners does not vouch for the accuracy of what is said in this Disclosure Statement. Further, this Disclosure Statement is not a recommendation or endorsement of the subdivision by either the County or State. It is only for informational purposes.

Finally, the Board of County Commissioners recommends that you see the property before buying or leasing it. However, if you do not see the property prior to purchasing or leasing it, you have six months from the time of purchase or lease to inspect the property. Upon inspecting the property, you have three days from the date of inspection to rescind the transaction and receive all of your money back from the subdivider. You must give the subdivider notice of your intent to rescind within three days of inspection of the property."

B. General Information

This Section outlines the information that must be provided in the Disclosure Statement. Additional information may be required by the Board of County Commissioners. If an item is not applicable, it should be specifically stated in the Disclosure Statement.

1. Name of subdivision.

2. Name and address of subdivider.

3. Name and address of person in charge of sales or leasing in New Mexico.

4. Size of subdivision, total number of lots and total size in acres.

5. Size of largest parcel offered for sale or lease within the subdivision.

6. Size of smallest parcel offered for sale or lease within the subdivision.

7. Proposed range of selling or leasing prices at the time of Disclosure Statement preparation.

8. Financing terms: Information shall include interest, time price differential, amount paid as a discount, service charges, premium for credit life or other insurance if it is a condition for giving credit, closing costs, and any other information required by the Truth in Lending Act if not set forth above.

9. Name and address of holder of legal title.

10. Name and address of person having equitable title.

11. Condition of Title: Information shall include the number of mortgages, name of each mortgagee, balance owing on each mortgage, summary of the release provisions in each mortgage, number of real estate contracts on the subdivided land for which the subdivider is making payments as a purchaser, the name of each person holding real estate contract as owner of the subdivided land for which the subdivider is making payments as a purchaser, balance owing on each real estate contract, summary of the release provisions in each real estate contract, statement of any other conditions relevant to the state of title.

12. Statement of all restrictions or reservations of record subjecting the subdivided land to any unusual conditions affecting its use or occupancy.

13. Escrow Agent: Information shall include the name, address, and statement about whether or not the subdivider has any interest or financial ties with the escrow agent (must be stated).

14. Utilities and Irrigation Ditches: Information shall include name and address of each entity providing phone service, electrical service, gas service, water, liquid waste disposal and solid waste disposal and irrigation water, and the estimated cost for each.

15. Installation of Utilities: Information shall have the date each utility will be available for use by the owner if the subdivider is providing utilities including, but not limited to, water, phone, electricity, gas, liquid waste disposal, and solid waste disposal.

16. Utility Location shall state the following: If utilities are to be provided, but not for all parcels within the subdivision, identify those parcels which will not be provided utilities, and which utility is not being provided.

17. Water Use: Information shall include whether or not there will be water for domestic use, commercial use or recreational use, including any limitation, physical or legal, anticipated for each use indicated.

18. Amount of Water: The subdivider shall describe the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses, and describing the availability of water to meet the maximum annual water requirements. The subdivider shall provide a minimum daily quantity of water not less than a minimum of 0.3 acre feet/parcel per annum (unless supplemental irrigation, xeriscaping, mandatory water conservation is provided or other mitigating circumstances exist) for each parcel, and shall state the date on which water will be made available to each parcel. If water is provided by a regulated Water Users Association, attach a letter from the Association stating they are ready, willing, and able to supply domestic water.

19. Water Delivery: The subdivider must describe the means of water delivery within the subdivision.

20. Water System Extension: The subdivider must state what the prospective owner will be required to pay for the extension of water to his parcel if he wants water prior to the date scheduled by the subdivider.

21. Life Expectancy of the Water Supply: The subdivider shall state the life expectancy of each source of water supply, assuming full development of the subdivision.

22. Wells: The subdivider shall note if prospective owners must provide their own wells; if so, the subdivider shall outline the average, maximum and minimum depth to water in the subdivision if water is available only from subterranean sources, recommend depth of wells, the estimated yield in gallons per minute of wells completed to recommended total depths, the recommended pump settings and size, and lithological characteristics of formations through which the well is to be completed.

23. State Engineer's Opinion on Water: Attach the opinion received by the Board of County Commissioners from the State Engineer as to whether or not the subdivider can satisfy the proposals contained in this Disclosure Statement concerning water (except water quality), and whether or not the subdivider is conforming with these Regulations on water (except water quality).

24. Water Quality: The subdivider must describe the quality of water in the subdivision available for human consumption. Water must meet the minimum water quality regulations of the New Mexico Environment Department.

25. New Mexico Environment Department's Opinion on Water Quality: Attach a summary of the opinion received by the Commission from the New Mexico Environment Department on whether or not the subdivider can furnish water of an acceptable quality for human consumption and whether or not the subdivider can fulfill the proposal made in the Disclosure Statement.

26. Liquid Waste Disposal: The subdivider shall describe the means of liquid proposed for use in the subdivision. Note: No other liquid waste disposal system may be used in a subdivision other than a system approved by the New Mexico Environment Department.

27. New Mexico Environment Department's Opinion on Liquid Waste Disposal: Attach a summary of the opinion received by the Commission from the New Mexico Environment Department on whether or not there are sufficient liquid waste facilities to fulfill the requirements of the subdivision and whether or not the subdivider can fulfill the proposals contained in his disclosure statement concerning liquid waste disposal.

28. Solid Waste Disposal: The subdivider shall describe the means of solid waste disposal that is proposed for use within the subdivision.

29. New Mexico Environment Department's Opinion on Solid Waste Disposal: Attach a summary of the opinion received by the Board of County Commissioners from the New Mexico Environment Department on whether or not there are sufficient solid waste disposal facilities to fulfill the requirements of the subdivision and whether the subdivider can fulfill the proposal contained in the disclosure statement concerning solid waste disposal.

30. Terrain Management: The subdivider shall describe the suitability of the soils in the subdivision for residential use, whether permanent or seasonal; give the location of all lots with respect to any serious flood hazard or 100-year flood plain as designated by the Federal Emergency Management Agency; give the location of all lots located on slopes in excess of 15 percent; describe the surface drainage for all lots; describe the storm drainage systems

including the completion date of any required to be constructed.

31. Soil and Water Conservation District's Opinion on Terrain Management: Attach a summary of the opinion received by the Board of County Commissioners from the Soil and Water Conservation District on whether or not the subdivider can satisfy the terrain management proposals made in this Disclosure Statement, and whether or not the subdivider is conforming with the County's regulations on terrain management.

32. Subdivision Access: Include name of town nearest the subdivision, distance from town to subdivision, name of route over which distance is computed, and outline any problems relating to access; also describe the width and type of surfacing of all roads; give the date on which all roads will be completed; state whether the roads within the subdivision have been accepted or offered for maintenance by the County, and if not accepted, state who will maintain the roads and further state what measures have been taken to ensure that maintenance will take place.

33. State Highway Department's Opinion on Access: Attach a summary of the opinion received by the Board of County Commissioners from the State Highway Department on whether or not the subdivider can satisfy the access proposals made in this Disclosure Statement, and whether or not the subdivider is conforming with the County's regulations on access.

34. Development: The subdivider shall outline all homes, recreation structures, and other community improvements to be provided by the subdivider in the subdivision and not previously mentioned in this Disclosure Statement, and give the date on which these items will be completed.

35. Maintenance: The subdivider shall state the owner's maintenance and construction responsibilities not outlined elsewhere in the Disclosure Statement.

36. Adverse Conditions: For each subdivision containing 100 or more parcels, the subdivider shall state any activities or conditions adjacent to or nearby the subdivision which would subject the subdivided land to any unusual conditions affecting its use or occupancy.

37. Recreational Facilities: For each subdivision containing 100 or more parcels, the subdivider shall describe all recreational facilities, actual and proposed, in the subdivision.

38. Fire Protection: For each subdivision containing 100 or more parcels, the subdivider shall state the distance from the subdivision, the route over which the distance is computed, and indicate whether the fire department is staffed by volunteers or a full-time staff.

39. Police Protection: For each subdivision containing 100 or more parcels, the subdivider shall outline the various police units that would patrol the subdivision (sheriff's department, if applicable, municipal police, if applicable, or state police, if applicable).

40. Public Schools: For each subdivision containing 100 or more parcels, the subdivider shall list the name, distance of nearest elementary school and route over which distance is computed. List the name, distance of nearest secondary school and route over which distance is computed.

41. Hospitals: For each subdivision containing 100 or more parcels, the subdivider shall include the name and distance of nearest hospital and route over which distance is computed.

42. Shopping Facilities: For each subdivision containing 100 or more parcels, the subdivider shall include the distance of nearest shopping facilities and route over which distance is computed.

43. Public Transportation: For each subdivision containing 100 or more parcels, the subdivider shall outline whether or not the subdivision is served on a regular basis by any form of public transportation, and identify the type and service available.

44. Completion Dates: For each subdivision containing 100 or more parcels, the subdivider shall state the projected dates upon which any of the items mentioned above will be available if they are not yet available.

45. Recording: The subdivider shall state that the deed, real estate contract, lease or other instrument conveying an interest in subdivided land shall be filed with the San Juan County Clerk as soon as practicable after signing of such instrument by the purchaser, lessee or other person acquiring an interest in the land. A memorandum of lease may be recorded in lieu of recording the lease itself, as provided in N.M.S.A. 1978, § 14-9-1, as amended.

46. Permits: The subdivider shall advise each purchaser, lessee or other person acquiring an interest in subdivided land in writing that building permits, wastewater permits or other use permits are required to be issued by state or county officials before improvements are constructed; and that further, he or she is advised to investigate the availability of such permits before purchase, lease or other conveyance and whether there are requirements for construction of additional improvements before he may occupy the property.
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Larry Hathaway
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