DISCLOSURE AS TO COMMON AREA

AND PERMANENT OPEN SPACE PARCEL

 

          The subdivision in which you are considering purchasing a home and/or lot was approved as a “cluster subdivision.” which regulations require permanent open space owned in common by all owners in the development. The open space is shown on the subdivision plan as “lot 217/4-4” and contains approximately 11 acres. The developer will establish an “Association” to manage the common areas.

              As shown on the subdivision plan, a large portion of the fields is to remain in open space in perpetuity. accessed by a walking path. The field must be maintained by the owners as a “field/meadow” and not allowed to become overgrown. A community water system. including a well. pump house and distribution system, will be housed in the open space. as will drainage systems and a detention pond. subject to an encumbrance (drainage easement) in favor of the City of Rochester to maintain the drainage system / retention pond located on that parcel. The parcel. including open space. cannot be further subdivided or otherwise improved. The parcel shall be owned in common by the owners   the fifteen (I5) lots in the subdivision. with each owner of record taking title as tenants in common with a 1/15th undivided interest in the common area.

               Finally, certain of the lots fronting the open space have building or architectural requirements agreed to between the city and developer during the planning process. and the homes erected on those lots must comply with those requirements. Please see the “Notice of Decision” if you wish to read these, or any other conditions, of the subdivision approval.

           The common area will be subject to real estate taxes. and will be assessed by the city assessor by allocating one fifteenth (1/15th) of the tax burden to owners of record of each of the fifteen (15) lots in the subdivision.

         Each owner is advised to ensure that their insurance agent is specifically informed of such owners one fifteenth (1/15th) ownership of the common area, and to make certain that the parcel is covered under the homeowners insurance policy as additional property of the owners.