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REFERENCE TITLE: real estate disclosure; training ranges |
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State of Arizona Senate Forty-eighth Legislature Second Regular Session 2008
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SB 1387 |
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Introduced by Senator Bee
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.28; amending title 11, chapter 6, article 1, Arizona Revised Statutes, by adding section 11-812; amending sections 32-2115 and 33-422, Arizona revised statutes; relating to real property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.28, to read:
9-500.28. Disclosure of filings in sensitive electronic testing range of military base; definition
A. A city or town that contains any portion of the sensitive electronic testing range of a military base shall notify the office of the base commander when an application is received by the city or town to do any of the following within any portion of the sensitive electronic testing range:
1. Rezone the property.
2. Issue a building or other development permit, including an application for construction or installation of a publicly or privately operated utility, for the property.
3. Subdivide the property or otherwise divide the property, including any land division into five or fewer lots, whether for residential, industrial, commercial or any other use.
B. A city or town that provides notice as prescribed by subsection a shall confer with the office of the base commander regarding the application on request of the base commander.
C. This section does not provide for additional authority, rights or remedies for a military base for any applications or other proposals regarding the sensitive electronic testing range and any action or proposed action by the city or town shall be governed as otherwise provided by law.
D. The sensitive electronic testing range shall be delineated on a map certified by the base commander. This map shall be filed with the state real estate department.
E. For the purposes of this section, "sensitive electronic testing range" means the geographically defined area in which electronic communication, monitoring or other devices are routinely tested as a part of the military mission of a military base.
Sec. 2. Title 11, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 11-812, to read:
11-812. Disclosure of filings in sensitive electronic testing range of military base; definition
A. A county that contains any portion of the sensitive electronic testing range of a military base shall notify the office of the base commander when an application is received by the county to do any of the following within any portion of the sensitive electronic testing range:
1. Rezone the property.
2. Issue a building or other development permit, including an application for construction or installation of a publicly or privately operated utility, for the property.
3. Subdivide the property or otherwise divide the property, including any land division into five or fewer lots, whether for residential, industrial, commercial or any other use.
B. A county that provides notice as prescribed by subsection A shall confer with the office of the base commander regarding the application on request of the base commander.
C. This section does not provide for additional authority, rights or remedies for a military base for any applications or other proposals regarding the sensitive electronic testing range and any action or proposed action by the county shall be governed as otherwise provided by law.
D. The sensitive electronic testing range shall be delineated on a map certified by the base commander. This map shall be filed with the state real estate department.
E. For the purposes of this section, "sensitive electronic testing range" means the geographically defined area in which electronic communication, monitoring or other devices are routinely tested as a part of the military mission of a military base.
Sec. 3. Section 32-2115, Arizona Revised Statutes, is amended to read:
32-2115. Department's website; military training route map; restricted air space map; sensitive electronic testing range map
A. The department shall post on its web site website the military training route map and the restricted air space map prepared by the state land department pursuant to section 37‑102.
B. The department shall post on its website any map that delineates the sensitive electronic testing range of a military base, that is authorized by the base commander and that is filed pursuant to section 9-500.28 or 11‑812. The department shall not record the sensitive electronic testing range map, and inclusion on the map does not independently constitute a restriction on the use or development of the land.
Sec. 4. Section 33-422, Arizona Revised Statutes, is amended to read:
33-422. Land divisions; recording; disclosure affidavit
A. A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent seller of such a parcel shall furnish a written affidavit of disclosure to the buyer, at least seven days before the transfer of the property, and the buyer shall acknowledge receipt of the affidavit.
B. The affidavit must be written in twelve point type.
C. No release or waiver of a seller’s liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is valid or binding on the buyer.
D. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer.
E. The seller shall record the executed affidavit of disclosure at the same time that the deed is recorded. The county recorder is not required to verify the accuracy of any statement in the affidavit of disclosure. A subsequently recorded affidavit supersedes any previous affidavit.
F. The affidavit of disclosure shall meet the requirements of section 11‑480 and follow substantially the following form:
When recorded mail to:
__________________________
__________________________
__________________________
__________________________
Affidavit of Disclosure
Pursuant to A.R.S. §33‑422
I, ______________________________________________ (seller(s)) being duly sworn, hereby make this affidavit of disclosure relating to the real property situated in the unincorporated area of:
_______________________, County, State of Arizona, located at:
______________________________________________________________
and legally described as:
(Legal description attached hereto as exhibit "A")
(property).
1. There is is not . . . . legal access to the property, as defined in A.R.S. § 11‑809 . . . . unknown
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
2. There is is not . . . . physical access to the property. unknown
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
3. There is is not . . . . a statement from a licensed surveyor or engineer available stating whether the property has physical access that is traversable by a two‑wheel drive passenger motor vehicle.
4. The legal and physical access to the property is is not . . . . the same.... unknown not applicable.
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
If access to the parcel is not traversable by emergency vehicles, the county and emergency service providers may not be held liable for any damages resulting from the inability to traverse the access to provide needed services.
5. The road(s) is/are publicly maintained privately maintained not maintained not applicable. If applicable, there is is not . . . . a recorded road maintenance agreement.
If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility.
6. A portion or all of the property is is not . . . . located in a FEMA designated regulatory floodplain. If the property is in a floodplain, it may be subject to floodplain regulation.
7. The property is is not subject to fissures or expansive soils. unknown
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
8. The following services are currently provided to the property: water sewer electric natural gas single party telephone cable television services.
9. The property is is not . . . . served by a water supply that requires the transportation of water to the property.
10. The property is served by a private water company a municipal water provider a private well a shared well no well. If served by a shared well, the shared well is is not . . . . a public water system, as defined by the safe drinking water act (42 United States Code § 300f).
Notice to buyer: If the property is served by a well, a private water company or a municipal water provider the Arizona department of water resources may not have made a water supply determination. For more information about water supply, contact the water provider.
11. The property does have does not have . . . . an on‑site wastewater treatment facility (i.e., standard septic or alternative system to treat and dispose of wastewater). unknown. If applicable: a) The property will will not . . . . require installation of an on‑site wastewater treatment facility; b) The on‑site wastewater treatment facility has has not been inspected.
12. The property has been has not been . . . . subject to a percolation test. unknown.
13. The property does does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation.
14. The sale of the property does does not . . . meet the requirements of A.R.S. § 11‑809 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. The seller or property owner shall disclose each of the deficiencies to the buyer.
Explain: ____________________________________________________
______________________________________________________________
______________________________________________________________
15. The property is is not located in the clear zone of a military airport or ancillary military facility, as defined in A.R.S. § 28-8461. (Maps are available at the state real estate department's web site website.)
16. The property is is not located in the high noise or accident potential zone of a military airport or ancillary military facility, as defined in A.R.S. § 28‑8461. (Maps are available at the state real estate department's web site website.)
17. Notice: If the property is located within the territory in the vicinity of a military airport or ancillary military facility, the property is required to comply with sound attenuation standards as prescribed by A.R.S. § 28-8482. (Maps are available at the state real estate department’s web site website.)
18. The property is is not located under military restricted airspace. unknown. (Maps are available at the state real estate department's web site.)
19. The property is is not located in the sensitive electronic testing range of a military base as defined in A.R.S. sections 9‑500.28 and 11-812. unknown. (maps are available at the state real estate department's website.)
This affidavit of disclosure supersedes any previously recorded affidavit of disclosure.
I certify under penalty of perjury that the information contained in this affidavit is true, complete and correct according to my best belief and knowledge.
Dated this __ (date) __ day of (year) by:
Seller's name (print): ______________ Signature: _____________
Seller's name (print): ______________ Signature: _____________
State of Arizona )
) ss.
County of ___________)
Subscribed and sworn before me this _ (date) __ day of (year) , by ____________________________________________.
__________________________
Notary public
My commission expires:
(date)
Buyer(s) hereby acknowledges receipt of a copy of this affidavit of disclosure this (date) day of (year)
Buyer's name (print): _______________ Signature: _____________
Buyer's name (print): _______________ Signature: _____________
G. For the purposes of this section, seller and subsequent seller do not include a trustee of a deed of trust who is selling property by a trustee's sale pursuant to title 33, chapter 6.1 or any officer who is selling property by execution sale pursuant to title 12, chapter 9 and title 33, chapter 6. If the seller is a trustee of a subdivision trust as defined in section 6‑801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust.