Chapter 17.65
DISCLOSURE STATEMENT
Sections:
17.65.010 Disclosure statement – Preliminary and final disclosure statement required for subdivision.
The following statement shall cover the disclosure statement:
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.
“The Board of Trustees and Planning, Zoning and Historical Appropriateness Commission have examined this disclosure statement to determine whether the subdivider can satisfy what he has said in this disclosure statement. However, the Board of Trustees 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 the Town of Mesilla. It is informative only.”
Finally, the Board of Trustees and Planning, Zoning and Historical Appropriateness Commission recommends that you see the property before buying it or leasing it.
ALL SUBDIVIDERS MUST COMPLETE EACH
ITEM SET FORTH IN PARENTHESIS BELOW
1. NAME OF SUBDIVISION AND LOCATION
(name of subdivision)
2. NAME AND ADDRESS OF SUBDIVIDER
(name and address)
3. NAME AND ADDRESS OF PERSON IN CHARGE OF SALES OR LEASING IN NEW MEXICO
(name and address)
4. SIZE OF SUBDIVISION BOTH PRESENT AND ANTICIPATED
PRESENT: (number of parcels)
(number of acres in subdivision)
ANTICIPATED: (number of parcels)
(number of acres in subdivision)
5. SIZE OF LARGEST PARCEL OFFERED FOR SALE OR LEASE WITHIN THE SUBDIVISION
(size of largest parcel in acres)
6. SIZE OF SMALLEST PARCEL OFFERED FOR SALE OR LEASE WITHIN THE SUBDIVISION
(size of smallest parcel in acres)
7. PROPOSED RANGE OF SELLING OR LEASING PRICES
($ – lowest amount) (size of parcel sold or leased)
($ – highest amount) (size of parcel sold or leased)
8. FINANCING TERMS
(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)
(any other information required by the Truth in Lending Act if not set forth above)
9. NAME AND ADDRESS OF HOLDER OF LEGAL TITLE
(name of person who is recorded as having legal title)
(address)
NOTE: If any of the persons named above is a corporation, please set out here the name and addresses of all officers in the corporation.
10. NAME AND ADDRESS OF PERSON HAVING EQUITABLE TITLE
(name of person recorded as having equitable title)
(address)
NOTE: If any of the persons named above is a corporation, please set out here the name and addresses of all officers in the corporation.
11. CONDITION OF TITLE
Include here at least the following information where applicable:
(number of mortgages)
(name of each mortgagee)
(balance owing on each mortgage)
(summary of the release provisions in each mortgage)
(number of all real estate contracts on 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 encumbrances on the land)
(statement of any other conditions relevant to the state of the title)
(disclose full consequences to real estate contracts and owner’s equity if subdivider goes bankrupt or mortgagee foreclosures on subdivision)
12. STATEMENT OF ALL RESTRICTIONS OR RESERVATIONS OF RECORD SUBJECTING THE SUBDIVIDED LAND TO ANY UNUSUAL CONDITIONS AFFECTING ITS USE OR OCCUPANCY
(include here all deed and plat restrictions affecting the subdivided land)
13. ESCROW AGENT
(name)
(address)
(statement about whether or not the subdivider has any interest or financial ties with the escrow agent)
14. UTILITIES
(name of entity providing phone service, if available)
(estimated cost)
(name of entity providing electrical service, if available)
(estimated cost)
(name of entity providing gas service, if available)
(estimated cost)
(name of entity providing water and sewer, if available)
(estimated cost)
15. INSTALLATION OF UTILITIES
Include here the date utility will be available for use by the owner if the subdivider is providing for utilities.
(water) (date)
(phone) (date)
(electricity) (date)
(gas) (date)
(liquid waste disposal) (date)
(solid waste disposal) (date)
16. UTILITY LOCATION
(if all utilities are to be provided to each parcel in the subdivision, please make that statement here.)
(if utilities are to be provided, but not for all parcels within the subdivision, please enumerate those parcels which will not be provided with a particular utility.)
(state here if each of the utilities to be provided will be located above or underground.)
17. WATER USE
Include here whether or not there will be water for domestic use, commercial use or residential use and include any limitation. Anticipated for each use indicated.
(domestic use) (limit, if any)
(commercial use) (limit, if any)
(residential use) (limit, if any)
18. WATER DELIVERY
(describe the means of water delivery within the subdivision)
19. WATER SYSTEM EXTENSION
(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.)
20. LIFE EXPECTANCY OF THE WATER SUPPLY
Include the life expectancy of each source of water supply under full development of the subdivision.
21. WELLS
NOTE: Prospective owners must provide their own wells.
(average, maximum and minimum depth to water in the subdivision if water is available only from subterranean sources)
(recommended total depth of well)
(estimated yield in gallons per minute of wells completed to recommended total depths)
(recommended pump settings and size)
(lithological characteristics of formations through which well is to be completed)
(not applicable if the subdivider intends to provide water for domestic use)
22. SURFACE WATER
(state the source and yield of the surface water supply)
23. LIQUID WASTE DISPOSAL
(describe the precise type of liquid waste disposal system that is proposed and that has been approved by the commission for use within the subdivision)
24. ENVIRONMENTAL IMPROVEMENT AGENCY’S OPINION ON LIQUID WASTE DISPOSAL
Include here the approved summary of the opinion received by the Board of Trustees & Planning, Zoning & Historical Appropriateness Commission from the Environmental Improvement Agency on: (whether or not their subdivider can satisfy the liquid waste disposal proposals made in this disclosure statement, if applicable)
25. SOLID WASTE DISPOSAL
(describe the means of solid waste disposal that is proposed for use within the subdivision)
26. TERRAIN MANAGEMENT
(describe the suitability of the soils in the subdivision for residential use and other intended uses whether permanent or seasonal)
(give the location of all lots within floodways, flood fringes, and floodplains)
(describe the surface drainage for all lots)
(describe all storm drainage systems including the completion date of any required to be constructed)
27. SUBDIVISION ACCESS
(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 for maintenance by the Town of Mesilla)
(state the date on which all roads will be surfaced)
28. STATE HIGHWAY DEPARTMENT’S OPINION ON ACCESS
Include here the approved summary of the opinion received by the Board of Trustees & Planning, Zoning & Historical Appropriateness Commission from the State Highway Department on: (whether or not the subdivider can satisfy the access proposals to State Roads)
29. DEVELOPMENT
Include here 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. Give the dates on which these items will be completed.
(improvement)
(estimated date of completion)
30. MAINTENANCE
(state owner’s maintenance and construction responsibilities)
31. ADVERSE CONDITIONS
(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)
32. RECREATION FACILITIES
(describe all recreation facilities, actual and proposed, in the subdivision)
33. FIRE PROTECTION
(distance from subdivision)
(route over which distance is computed)
(indicate whether the fire department is staffed by volunteers or a full-time staff)
34. POLICE PROTECTION
(Include here the various police units that would patrol the subdivision)
35. SCHOOLS
(name of nearest elementary school)
(distance of nearest elementary school and route over which distance is computed)
(name of nearest secondary school)
(distance of nearest secondary school and route over which distance is computed)
36. HOSPITALS
(name of nearest hospital)
(distance of nearest hospital and route over which distance is computed)
(number of beds in nearest hospital)
37. SHOPPING FACILITIES
(distance of nearest shopping facilities and route over which distance is computed)
(number of stores in the nearest shopping facility)
38. INDICATE BY LOT AND BLOCK NUMBER ALL LOTS LOCATED ON A FLOODPLAIN OR FLOODFRINGE
[Ord. 89-01; prior code § 11-5-14]