FOR LOTS ON STRAIGHT ARROW RD
EXHIBIT "B" (Deed Restrictions, Covenants and Easements to five Lots at Eliana Rose Lerman Trust, Filmore Rose, Trustee, Family Transfer Plat, dated May 6, 2008 and recorded in Cabinet E, Page 146-B and to Lot #1 of the Eliana Rose Lerman Trust, Filmore Rose, Trustee, Subdivision, dated December 20, 2002 and recorded in Cabinet D, Page 187-A, which Lot #1 having had a Lot Line Adjustment Plat recorded on May 6, 2008 and recorded in Cabinet E, Page 148-B, Records of Taos County.)
Subject to and benefiting from the following Easements, Covenants, Conditions, and Restrictions, and shall be binding on any successors or assigns:
1. All easements as depicted on the three above mentioned and recorded Plats. An increase in the utility easement along the southern property boundary from ten feet (10’) to twelve feet (12’) of Tracts “C” and “D”, as recorded in Book 666, Page 354.
2. An easement on Tract “C” for the well, the well house, the piping and wiring from the well and well house, at the southwest property corner and easements and cross easements, along the property boundaries, with abutting parcels, for the water service pipes from this well.
3. A payment of Five Thousand Dollars ($5000.00) if the Grantor (Seller) or his Agent bring Natural Gas Utility to the Tracts/Lots, within five (5) years from date.
4.Each Lot may have upon it a house and a guest house (for a maximum of two habitable structures, but only one mobile home is allowed per Lot. Other permitted structures shall include sheds, studios, barns, garages, workshops, detached solar collectors, and satellite dishes.
5. All mobile homes must be skirted within one month of placement upon the property. No mobile home shall be older that 10 years (or have received written permission from the original Grantor or his Agent), and shall be in a state of good repair and neat appearance, when it is moved onto the property.
6. No junk or dead cars (cars that can not move under their own power) are allowed on the Lots. Nothing is allowed on the Lot that will cause it to appear in an unclean or untidy condition or that will be obnoxious to the eye or that will emit foul or obnoxious odors or that will cause a disturbing noise.
7. The Straight Arrow Road Owners’ Association #1 By-Laws, as recorded in Book 670, Pages 971-2, of the Records of Taos County. This Owners’ Association and/or its members individually must become members of a Road Maintenance Organization or Association for Straight Arrow Road, if and when such an entity is ever formed.
8. Recreational vehicles and boats may be parked on any Lot, but not used for permanent human habitation or connected to any utilities.
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. In all cases, the Grantor or his Agent shall have the right to order the removal from any Parcel 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. Each Parcel 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.
10. US Patent Reservations of Record.
11. Grantee may not grant any adjoiner of the Parcel any ancillary easement or license to connect into the well or utilities or any access easement without the Grantor's prior written consent.
12. These Covenants, Conditions, and Restrictions may be enforced by the Declarant (Grantor) or by any Parcel Owner. The prevailing party in any court action shall be awarded his court and attorney's fees.