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1. Covenants
Running With the Land. These restrictions and
covenants shall run with the land and shall be fully binding
upon all persons acquiring property in said subdivision whether
by descent, devise, purchase, assignment, contract or otherwise,
and any person by the acceptance of any Tract or parcel of land
or entering into a contract for the purchase of the same shall
thereby agree and covenant to abide by, and fully perform all
the foregoing restrictions, covenants, and conditions. These
covenants shall be binding for a period of thirty (30) years
from the date they are filed for record in the Deed Records of
Guadalupe County, New Mexico, unless changed or amended as
provided herein. Said covenants shall be automatically
extended upon the expiration of said term of successive periods
of ten (10) years each. The record owners of legal title
of fifty-one (51%) percent of the Tracts in all phases of the
subdivision as shown by the Deed Records of Guadalupe County,
New Mexico, may amend or change the said covenants in the whole
or part at any time. Any change or amendment shall be set
forth and evidenced by a successor instrument bearing the
signatures of the requisite number of record owners and
recording of the same in the office of the County Clerk of
Guadalupe County, New Mexico. A copy of any change or
amendment to these Restrictions or Covenants and Conditions
shall all be forwarded by prepaid mail to all owners by the
Developer. Failure to furnish and copy shall not affect
the validity of such amendment.
2. Non Commercial
Use of Tracts. No Tract, or improvement thereon, shall
be used for any commercial purpose, except that nothing herein
shall be construed to prevent a purchaser from rendering
professional services of purely personal nature so long as such
services do not attribute to the Tract any appearance of a
commercial use.
3. Hunting: Hunting
is allowed in Ranch Subdivision. Hunting blinds and
feeders of all types may not be placed within 200 feet of road
easements or 100 feet from side and back property lines. No
hunting blinds of any type over 12 feet tall will be allowed.
Hunting of all kinds for all game or other animals, whether on
foot or by vehicle, is prohibited on or from roads in Ranch. No Tract shall be used for commercial or day lease
hunting.
4. Livestock: There
exists a grazing lease on this property. Purchaser understands
that livestock may be present on his land and that sources of
water on his land that existed when the property was purchased
may be used for said livestock. Purchaser has no obligation to
continue this lease and may cancel the lease on his property by
constructing fencing that meets local standards and is adequate
to keep Lessee's livestock off his property and then giving
Lessee 30 days advance notice that he wishes to not participate
in the lease. If Purchaser desires to remove or alter any
existing fences on his property Lessee shall be notified in
advance in order to maintain control of the livestock. Purchaser
agrees not to impede the flow of water in existing water lines,
tanks, or troughs that are on his property and
grants ingress and egress to persons who need to maintain said
improvements and wells which furnish water to the lines, tanks
or troughs. No feed lots shall be allowed nor the raising
of game or fighting roosters. No commercial swine operation
shall be permitted.
5. Size and Type
of Building Used as Permanent Residences. Permanent
residence is defined as any dwelling which is occupied for 200
days or more in a calendar year. Not more than one
single family permanent residence shall be placed or constructed
on any tract of the land herein contracted or conveyed.
A. Conventional on site construction single family permanent
residence:
Each dwelling must be new
construction and shall not be less than 1000 square feet of
heated and air-conditioned space, exclusive of garages, carports
and porches. All dwellings must be completed within 360 days
after laying foundations. A permanent residence may not be lived
in or occupied until the permanent residence is 100% complete.
B. Move-on housing such as manufactured homes, modular homes
and all other Move-on Homes:
1. New Manufactured
Dwelling Houses (or houses which are not more than five years
old) of not less than one thousand (1000) square feet are
permitted.
2.All manufactured homes
must have their towing devices, axles and wheels removed, and
must be placed on a slab, blocks or piers and anchored to the
land.
3. All manufactured homes
must be completely enclosed from the ground level to the lower
portion of the outside wall within 60 days after placement on
the property with skirting such as hardy panel, masonry,
plaster, brick, stucco or other fabricated material specifically
approved for the purpose of enclosing manufactured homes, so as
to maintain a neat, harmonious appearance. Lattice skirting is
not acceptable. Back filling is allowed.
4. Unless back filled, a
front deck built of weather resistant wood shall be installed
within 180 days of the installation of a dwelling. The porch
shall be a minimum of 6 feet by 12 feet and shall have railings
and banisters at all appropriate places.
6. Size and Type
of Building Used as Weekend Residences. Weekend residence is
defined as any dwelling which is occupied for less than 200 days
in a calendar year.
A. Conventional on site construction of Weekend Residences:
Each dwelling must be new
construction and shall not be less than 500 square feet. All
dwellings must be completed within 360 days after laying
foundations.
B. Move-on housing such as manufactured homes, modular homes
and all other Move-on Homes:
1. New Manufactured
Dwelling Houses (or houses which are not more than five years
old) of not less than five hundred (500) square feet are
permitted.
2.All manufactured homes
must have their towing devices, axles and wheels removed, and
must be placed on a slab, blocks or piers and anchored to the
land.
3. All manufactured homes
must be completely enclosed from the groung level to the lower
portion of the outside wall within 60 days after placement on
the property with skirting such as hardy panel, masonry,
plaster, brick, stucco or other fabricated material specifically
approved for the purpose of enclosing manufactured homes, so as
to maintain a neat, harmonious appearance. Lattice skirting is
not acceptable. Back filling is allowed.
4. Unless back filled, a
front deck built of weather resistant wood shall be installed
within 180 days of the installation of a dwelling. The porch
shall be a minimum of 6 feet by 12 feet and shall have railings
and banisters at all appropriate places.
B. RV's
and Tents: Rv's are defined as motor homes, travel
trailers, pop up campers, etc.
Rv's can be maintained on
Tracts in the subdivision as weekend residences. Rv's may not be
used as primary residences, but can be left on the property.
Tents must be dismantled and stored when not in active daily
use. All Rv's and tents must adhere to the setback requirements.
7. Setback
Requirements. Under ordinary topographical
circumstances, all permanent residences, weekend residences, new
factory built mobile homes, garages, carports, decks or any
other buildings will be required to be set back 200 feet from
roadways bordering the Tract. All permanent residences, new
factory built mobile homes, garages, carports, decks or any
other buildings will be required to be set back 200 feet from
side tract lines and 200 feet from the back lines.
8. Decks and Patios. All
decks and patios shall contain only furniture and appliances
customary for use on decks and patios, such as grills, smokers,
deck furniture, hot tubs, etc. Decks and patios may not be used
for storage, or for placement for refrigerators, freezers,
household appliances, etc.
9. Sanitation and
Sewerage. No outside toilets will be permitted or
maintained on any Tract and all plumbing shall be connected to a
sanitary sewer or septic system approved by the State and local
Department of Health. No well or septic system may be placed
within 100 feet of any property line.
10. Trash and Garbage.
No trash, garbage, construction debris, or other refuse may be
dumped or disposed or allowed to remain upon any Tract, vacant
or otherwise.
11. Unused Vehicles and
Commercial Vehicles. The storage of junked, abandoned
or wrecked items such as motor vehicles, boats, or other
equipment or materials shall not be permitted on any Tract. No
eighteen wheel trucks or other large commercial type vehicles
will be allowed to park along the roads in the subdivision.
12. Noxious
Activity. No noxious or offensive activity shall be
carried on or maintained on any Tract, nor shall anything be
done thereon which may be or may become an annoyance or
nuisance to the neighborhood in the Subdivision. All Tracts must
be kept in a neat and clean condition.
13. Signs. No
sign or advertising device may be displayed on any Tract except
in the event of sales. There may be one for sale sign with
no more than five (5) square feet.
14. Subdividing.
Tracts within the Portrillo Creek Ranch
Subdivision which are 140 acres in size or larger may be
subdivided into Tracts no smaller than 35 acres in size provided
that Owner obtains the approval of any and all governmental
agencies including Guadalupe County as per New Mexico State and
County regulations. Any Tracts created from the division of any
Tract shall be treated as any other Tract within Portrillo Creek
Ranch Subdivision. (i.e. Restrictions and protective covenants, association
fee).
15. Separability of all
Terms and Provisions. If any term or provision of this
instrument, or the application thereof shall be held invalid all
other terms and provisions of this instrument, or the
application thereof shall not be affected thereby nor shall any
failure of the Property Owners Association to seek enforcement
of any term or provision constitute a waiver of any rights to do
so in the future or the validity or enforceability of such term
or provision.
16. Enforcement.
The Developer and every other person, firm, or corporation
hereinafter having any right, title, or interest in any Tract or
parcel of land in this subdivision shall have the right to
prevent the violation of any said restriction by injuction or
other lawful procedure and to recover any damages resulting from
such a violation. Damages for the purpose of this paragraph
shall include court cost and necessary attorney fees.
17. Interpretation. The
right is expressly reserved to the Developer and its successors
and assigns, to interpret any and all conditions, limitations
and restrictions contained in these restrictions but such right
shall be without prejudice to the rights of enforcement
prescribed in paragraph 16 above.
18. Abatement and
Removal Violation. Violation of any restriction or
condition or breech of any covenant herein contained gives the
Developer and/or assigns or its agents, in addition to other
remedies, the right to enter upon the land, and to abate and
remove the violation at the expense of the Purchaser or Owner,
and said agents shall not thereby be deemed guilty of any manner
of trespass for such entry, abatement, and removal.
19. Easements. Perpetual
easements are reserved along and within ten (10) feet of the
rear line, front line, and side lines of all Tracts in this
development for the installation and maintenance of poles,
wires, downguys, and fixtures for electric lines and telephone
lines; and to trim any tree which at any time may interfere or
threaten to interfere with the maintenance of such lines, with
the right of ingress and aggress from said premisses to
employees of the utilities owning said lines. Said
easements to also extend along any owners side and rear property
lines with fractional Tracts. It is understood and agreed that
it shall not be considered a violation of the provisions of this
easement if the wires or cables carried by such poles passes
lines over some portion of said Tracts not within the 10 foot
wide strip as long as such lines do not prevent the construction
of building any tracts in this development.
20. Association
Fees. Purchaser hereby authorizes Developer and/or
Assigns to charge each property owner a association fee of $1.00
per acre, per year, not to exceed $300.00 to improve and
maintain the entrance, roads, community wells (if any) and any
other expenses deemed necessary by the Developer and/or Property
Owner's Association in the Ranch Subdivision.
Those tracts of land which front exclusively on a state or
county maintained road will be charged an association fee of
$.50 per acre, per year, not to exceed $150.00. Such charge
shall not be assessed against Developer and/or Assigns. Such
charge shall be made by direct billing to the property owner.
If Purchaser refuses to make said payments, Purchaser hereby
authorizes Developer, at Developer's option, to deduct such
charge from payments made by Purchaser, and any such charge so
deducted will not be credited to the payment on the balance due
on the purchase price, principal or interest. It is understood
and agreed that this association fee (if not paid within 60 days
of billing date) shall become a lien against the tract being
conveyed.
21. Property Owner's
Association. That at such time as Developer may
determine at his sole discretion, the Developer shall have the
authority but not the obligation to notify each tract owner of
the time, date, and a place of a meeting of all tract owners to
be held for the purpose of organizing a Property Owner's
Association. A majority of the votes of the Tract owners
in attendance at such meetings or by written proxy shall be
sufficient to transact business at such meeting. Each
Tract owner, including Developer, attending or represented by
written proxy at such meetings shall have one vote for each
Tract owned by such owner on all business to come before the
meeting. |
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