(Appendix 2 to Disclosure Statement)
ARTICLE I: Purpose
It is the intention of the Grantor, expressed by the execution of this instrument, that the lands within the RANCHEROS DE TAOS SUBDIVISION shall be developed and maintained as a highly desirable residential area, and that the present natural beauty and natural setting shall always be protected insofar as is reasonable in connection with the uses and structures permitted by this instrument. To that end, Grantor hereby declares that RANCHEROS DE TAOS SUBDIVISION and each part thereof shall be held, sold, and conveyed only subject to the following easements, covenants, conditions, and restrictions, which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the above-described property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.
No provision contained herein, nor any amendment hereto, shall be construed to prevent or limit Grantor's right to complete development of the property and construction of improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on the property, nor Grantor's right to post signs incidental to construction, sales or leasing, nor Grantor's right to do anything that it may, in its sole discretion, deem necessary and proper for the full development of the property.
ARTICLE II: Definitions
Unless the context otherwise specifies or requires, the following words and phrases when used herein shall have the meanings hereinafter assigned:
1. RANCHEROS DE TAOS SUBDIVISION shall mean the lands described in that original official Plat thereof recorded in the Officr of the County Clerk of Taos Country, New Mexico, on November 28, 1961, in Volume 1, Page 167 of the Records of Maps and Plats, and the subsequent overlay plat of part of the original RANCHEROS DE TAOS SUBDIVISION, recorded on June 25,1996, in the Book of Maps and Plats, Cabinet D1, Page 10-A, and the additional subsequent overlay plat of part of the original RANCHEROS DE TAOS SUBDIVISION by Luchetti Survey, dated July 22, 1996.
2. GRANTOR shall mean MESA PROPERTIES, INC., a New Mexico Corporation, and its successors and assigns (hereinafter referred to as "Grantor").
3. DETACHED DWELLING (hereinafter referred to as "Dwelling") shall mean a building and related structures customarily appurtenant thereto. It shall not mean or include any apartment, multi-family dwelling, lodging or rooming house, hotel, hospital, sanitarium, none of which shall be permitted on any lot.
4. LOT or PARCEL shall mean a platted parcel of land as depicted and identified in the plats referred to in paragraph 1 hereof, upon which a detached dwelling may be erected in conformance with the requirements of this Declaration.
5. OWNER shall mean and refer to the record owner, whether one or more persons or entities, of any dwelling unit or lot. The foregoing does not include persons or entities who hold an interest in any dwelling unit merely as security for the performance of an obligation, or a lessee or tenant.
ARTICLE III: Permitted Uses
All property within the subdivision shall be held, used and enjoyed and subject to the following covenants, restrictions and conditions:
1. Upon each lot in RANCHEROS DE TAOS SUBDIVISION there may be erected a residence consisting of one detached dwelling, together with such structures and outbuildings as are customarily appurtenant thereto including, but not limited to, a private garage, barn, studio, workshop, detached solar collectors and satellite dish. A detached guest house shall be permitted. Provided, however, nothing herein stated shall be deemed to prohibit the owner of a residential dwelling from renting or leasing such dwelling for any such periods and upon such terms as the owner desires. Any lessee of the dwelling shall have the same privileges and rights of the subdivision as are available to the owner. Such lessee, shall, however, be subject to the same rules and regulations as the dwelling owner.
Not withstanding any of the above, the parcels of Rancheros de Taos with frontage along Highway 64 shall have commercial potential and possibilities, as approved by the proper governmental entity or allowed by Taos County Zoning.
2. IMPORTANT. Upon each parcel in RANCHEROS DE TAOS SUBDIVISION there may be erected or placed a permanent dwelling as approved by the building code of Taos County and the State of New Mexico, or a manufactured home, or a double-wide mobile home. Single-wide mobile homes and recreatioal vehicles are only permitted, as dwellings, on the parcels to the south of Linda Vista Drive ; permanent, site-built dwellings only are permitted on the four acre parcels north of Largo Vista Drive (see plat).
No mobile home, building, or fence shall be erected, placed or altered on any lot until the specifications and plat showing the location of such mobile home, building or fence have been approved in writing by the Building Committee as to the conformity and harmony of external design with existing structures and natural features at Rancheros de Taos, and as to location of the building and fences with respect to topography and finished grade elevation. Such approval shall not be unreasonably-withheld. The Building Committee shall consist of the Officers of Mesa Properties, Inc., until such time as Mesa has sold out seventy percent (70%) of the parcels, or five (5) years from the date of the date of the first sale of a parcel, whichever shall occur first, after which time the Building Committee shall consist of the Administrators of the Rancheros de Taos Owners' Association or their designee.
All mobile homes intended as permanent dwellings shall be no more than eight (8) years old, be at least eight hundred (800) square feet in size, and be in a state of good repair and neat appearance. The wheels shall be removed and the home tied down and anchored, according to law. It shall also be skirted with matching professional material BEFORE BEING OCCUPIED. The stairway must be professional and of a safe nature. No additions to a mobile home will be permitted other than those additions done by professional craftsmen and approved by the Building Committee. Any variation on these requirements for mobile homes shall be the responsibility of the Building Committee.
However, Grantor, at its sole discretion and in perpetuity (not withstanding the provisions of Article V below), shall have the right to expand the area of parcels (1 or 2 acre parcels) upon which single-wide mobile homes are allowed, but only to parcels directly contiguous to those parcels where such mobile homes are already allowed. This right may be specifically delegated by Grantor to its corporate or personal heirs or assigns.
ARTICLE IV: Restrictions on Use
1. No derrick or other structure designed for use in boring for oil or natural gas, and no television transmission towers shall be erected, placed or permitted upon any part of said property; and no oil, natural gas, petroleum asphaltum or hydrocarbon product or substances shall be produced or extracted therefrom.
2. No Lot shall be used in whole or in part for the storage or dumping of rubbish of any property or thing that will cause such lots to appear in an unclean or untidy condition or that will be obnoxious to the eye, that will emit foul or obnoxious odors, or that will cause any noise that will disturb the peace, quiet, comfort or serenity of the occupants of the surrounding properties. Junk cars and trucks shall be considered rubbish if they have not or cannot be moved under their own power after a period of six months. In general, KEEP IT CLEAN & NEAT or FENCE IT OFF !
3. Nothing shall be done or kept on any dwelling or lot which will result in the cancellation of insurance on any such property or which would be in violation of any law, or which would cause the insurance premiums of other lot owners to be increased.
4. Home occupations and cottage industry shall be permitted in accordance with the Taos County Land Use Temporary Regulations, provided, however, that such usage shall not be obnoxious to the eye, not emit foul or obnoxious odors, or not cause any noise that will disturb the peace, quiet, comfort or serenity of the occupants of surrounding properties.
5. No signs or billboards of any kind shall be displayed without the approval of the Grantor, except:
A. Sign disclosing name of owner;
B. Signs as may be required by legal proceedings;
C. Signs as may be used by Grantor in connection with the development of the real property and sale of lots or dwelling units;
D. Signs indicating a dwelling is for sale or lease.
Any signs pursuant to this shall be uniform as to type and size which shall be determined in the sole discretion of the Grantor. Only one such sign for each dwelling unit shall be allowed. All signs shall be removed as soon as a dwelling or tract is sold but no later than forty-eight (48) hours following the signing of a contract for sale by the buyer and seller.
6. Recreational vehicles and boats may be parked on any lot, but not used for permanent human habitation, or connected to any utility system, north of Linda Vista Drive. Not withstanding the provisions of Article III above, recreational vehicles and single-wide mobile homes may be allowed on any parcel for a maximum of one year period or seasonally for up to two months a year, while a permitted structure under Article III is constructed, built, or placed.
7. Solar energy and energy and water conservation devices and systems shall be encouraged with respect to all structures. Recycling and composting shall also be encouraged with respect to all structures and lots.
8. Indoor and outdoor water conservation measures shall be encouraged. Indoor plumbing fixtures must be of a water-saving type. Recommended are:
1 1/2 gallon per flush toilets, 2 1/2 gpm shower heads, and 2 gpm faucets. All hot water lines shall be insulated against heat loss. Automatic dishwashers and clothes washers shall be of a type which permits small load or short cycle settings.
9. Generally recognized domestic indoor animal pets may be bred, or kept, in a reasonable number. All dogs must be kept on a leash or controlled at all times. It shall be the responsibility of each pet owner to clean up after their pets. At night all pets must be kept in an enclosed area. Grantor, its successors and assigns hereby reserve the right until the sale of the last Lot, and in all cases, the Grantor shall have the right to order the removal from any Lot and/or dwelling any animal deemed objectionable or a nuisance. Grantor reserves unto itself sole discretion in determining what type and number of animal pets complies with this provision.
10. Each lot owner may maintain livestock, horses, cattle, poultry, etc., provided, however, that the keeping of such animals is for personal use and not for a commercial business, that such animals shall be confined by pens, corrals, fences, barns, or coops, and that such animals shall be maintained in such a number, fashion, and manner as not to be obnoxious to the eye, emitting foul or obnoxious odors, or causing any noise that will disturb the peace, quiet, comfort or serenity of the occupants of surrounding properties. Until the sale of the last Lot, the Grantor shall have the right to order the removal from any Lot and/or dwelling any animal deemed objectionable or a nuisance.
11. All wires, cables, pipes, conduits and apparatus for the transmission of electrical current, telephone, television, water, gas, sewer service or other utilities shall be buried, whenever possible, with the exception of necessary equipment which cannot be buried.
12. The roads of RANCHEROS DE TAOS SUBDIVISION, as depicted on the plats thereof are public rights-of-way, and as such are available to all parcel owners for access and egress and to utility companies for the placement of utilities. Additionally, all parcels are subject to a six (6) foot utility easement, as depicted on the plat, on all sides and boundaries not directly adjacent to the platted roads. No shrubbery, trees, buildings or structures of any type shall be placed or built over or across any such easement.
13. Costs for road maintenance for the interior roads shown in the plats referred to in Article II, Paragraph 1 hereof, and any other commom facilities, structures, appliances, and equipment shall be apportioned to the lot owners or homeowners and any others served by same on a pro-rata basis according to the provisions of the BY-LAWS OF RANCHEROS de TAOS OWNER'S ASSOCIATION, an unincorporated Owner's Association pursuant to the provisioins of Sections 53-10-1-8, NMSA (1978) for the purpose of administering the Lot owners' responsibility to maintain the roads serving the subdivision.
14. All drainage from dwelling units and driveways shall be directed toward existing water drainage courses.
ARTICLE V: General Provisions
1. a. No parcel, as conveyed by Grantor, at RANCHEROS DE TAOS SUBDIVISION may be subdivided without the written consent of all directly adjacent parcel owners, and, in any event, may only be divided along the original boundaries of the underlying lots (as depicted in the plat recorded on November 28, 1961, Volume 1, Page 167 of the Records of Maps and Plats of Taos County), and may only be divided once into equal halves, with no half being less than 0.75 acres. However, an adjacent owner of a smaller parcel may not protest or object to, by denying consent, the division of an adjacent parcel, if the resulting divideded parcels are equal to or larger in size than the owner's parcel. For example, an owner of a 2 acre parcel may not protest the division of a 4 acre parcel into two 2 acre parcels.
b. However, not withstanding the above or the other provisions of this Article V, Grantor, at its sole discretion and in perpetuity, shall have the right to combine or divide parcels in directly adjacent areas of the subdivision with parcels already of that size or one size larger or smaller (but in no event, smaller than the lots of the original platted subdivision). For example, Grantor may combine two (2) acre parcels south of Largo Vista Drive to create four (4) acre parcels, or, for example divide two (2) acre parcels south of Linda Vista Drive to create one (1) acre parcels.
Furthermore, Grantor may market or sell additional parcels within the RANCHEROS DE TAOS SUBDIVISION, but parcel sizes shall be of the same size as or one size larger or smaller than directly adjacent parcels. The rights and provisions of this Article V, 1, b, may be specifically delegated by the Grantor to its corporate or personal heirs or assigns.
2. All of the aforesaid conditions and restrictions hereunder shall continue in full force and effect until the commencement of the calendar year 2007, and shall be automatically continued thereafter for successive periods of ten years each; provided, the holders of record title of at least 67% of the lots covered by this Declaration may, by executing and acknowledging an appropriate agreement or agreements in writing for such purpose and recording the same at any time prior to January 1, 2007, release all of the land so restricted from any one or more of said restrictions or may release any of the property covered by this Declaration from any one or more of the said restrictions. During each successive ten year period after January 1, 2007, the same percentage of record title holders shall have the same power to release, change or modify said restrictions as to any property then covered by said restrictions by executing, acknowledging and recording an appropriate agreement or agreements. Notwithstanding the above, the holders of record title of 67% of the lots covered by this Declaration shall at any time, or from time to time, have the same power to release, change or modify said restrictions by executing, acknowledging, and recording an appropriate instrument.
3. The enforcement of the covenants contained herein shall be by proceeding at law or in equity brought by the Grantor, its successors or assigns, The Owner's Association, or any lot owner against any person or persons violating or attempting to violate any covenant, either to enjoin or restrain the violation or to recover damages. In addition, the Grantor, its successors or assigns, shall have the right, whenever there shall have been built on any lot any improvement or structure which is in violation of the covenants and restrictions or there shall otherwise exist a breach of these covenants to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the owner, and such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction or condition contained in this Declaration, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. The provisions contained in this declaration shall bind and inure to the benefits of and be enforceable by Grantor, the owner of any lot, their legal representatives, heirs, successors, and assigns, and failure by Grantor or any property owner, or their legal representatives, heirs, successors, or assigns to enforce any of said restrictions conditions, covenants, or reservations shall in no event be deemed a waiver of the right to do so thereafter. Grantor or any other party having standing shall be entitled to recover costs and reasonable attorney's fees in any suit brought to enforce the provisions of this Declaration or to recover damages hereunder, if Grantor or any party is successful in such suit.
4. The Grantor and Grantor's successors and assigns shall have the right within twenty-four (24) months from the date of the recording of this Declaration of Covenants, Conditions and Restrictions of RANCHEROS DE TAOS SUBDIVISION, to make any changes in these conditions and restrictions, which Grantor deems, in Grantor's absolute discretion, beneficial to the owners of the majority of the lots in the subdivision and which do not alter the overall character of the subdivision. All the lots of the RANCHEROS DE TAOS SUBDIVISION shall be subject to the terms of any Amended Declaration executed and recorded by Grantor pursuant to the authority reserved by Grantor in Article V hereof. Any change shall be reduced to writing, signed by the Grantor, or Grantor's successor or assigns, acknowledged, and recorded in the office of the Clerk of Taos County, New Mexico, and a copy thereof shall be mailed to each lot owner of record.
5. By acceptance of a deed or by entering into a purchase contract with Grantor, all Grantees shall be deemed to have delegated to Grantor the power and right to make changes in the Declaration of Covenants for the twenty-four (24) month period referred to in Article V, Paragraph 4 hereof and to have appointed Grantor, attorney in fact, to execute on their behalf such legal documents necessary to effectuate those changes.
GRANTOR: Mesa Properties, Inc. DATED: July 1, 1998