KNOWN ALL MEN BY THESE PRESENT;
That PRADO VALLEY ONE HOA, being the owner of all the property described in Schedule A, and made a part hereof and incorporated herein by reference, in order to provide for a general scheme for the development, use and sale of the property described in said Schedule A, does by these presents impose upon said land the following covenants and restrictions, which shall run with the land and be binding upon and inure to the benefit of all present and future owners of the land and all persons claiming under them. These covenants and restrictions as to any unit may be amended at any time by the vote of the owners of record of the majority of the lots in any unit described in the attached Schedule A; where more than one person owns a lot, or any interest therein, the concurrence of all such owners shall be necessary to entitle the owners of such lot to vote for such amendment or modification. Variance for any restrictions will be by approval of the Architectural Control Committee.
Nothing contained in this declaration shall impair or defeat the lien of any mortgage or deed of trust made in good faith and for value, but titles to any property subject to this declaration obtained through sale and satisfaction of any such mortgage or deed of trust shall thereafter be held subject to all of the Protective Restrictions hereof.
1. No
portion of the Property shown in Exhibit “A” (i.e., developed in
compliance with the 1994 covenants) shall hereafter be subdivided into
less than ten acre parcel without the express consent in writing, from the
Architectural Control Committee.
2. Except on well sites, all lots listed in said Schedule A shall be used
only for single family residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than one single family
dwelling, except as hereinafter provided, as wellas a private garage, carport,
guest house or other related out buildings, all of which shall conform to the
exterior design of the main residence. Storage of commercial equipment and
placement of propane tanks require approval of the Architectural Control
Committee.
3. Easements and right of way are hereby reserved on, over, and under all of the lots in said subdivision for all public, quasi-public, or private utility service purposes. No building or other permanent structure shall be erected or maintained on any part of the area wherein reserved as easement and/or right of way, but the owners of lots may erect a maintenance fence, wall, or hedge along the property line within the area reserved as easement and/or right of way.
4. Any dwelling, guest house, or other residential structure shall be substantially constructed on the above-described property. No trailer or mobile home, shall be allowed on property for use as a permanent residence, regardless of whether such structure meets any federal or state standards for construction of structure and regardless of whether such structure is affixed to a permanent foundation. Notwithstanding the foregoing, a trailer or mobile home may be used as a temporary residence for a period of up to twelve (12) months during the construction of a permanent residence on the above-described property with the written approval of the Architectural Control Committee. This restriction shall run with the land and will be enforced by the Architectural Control Committee of which the above-described property is a part.
5. No more then four (4) ordinary household pets commonly housed in a residence, shall be permitted, and in no event shall such pets be bred or maintained for commercial purposes. Large animals are at the discretion of the Architectural Control Committee, and in all cases must be fenced and maintained in a manner so as not to disturb neighbors.
6. There shall be no drilling for minerals, gravel or quarry operations of any kind whatsoever, nor shall there be any offensive activity or condition to be created or permitted which may become a nuisance or annoyance to the neighborhood; and all trash and waste shall be continually kept is sanitary trash containers. No portion of the property shall be used for storage of unlicensed vehicles and/or non-operable vehicles, hazardous waste, and/or garbage of any kind.
7. An individual may drill his own water well. The necessary well drilling permit must be obtained from the proper authorities prior to drilling the well.
8. All future utilities on private property shall be underground, unless approved, in writing, by the Architectural Control Committee prior to installation.
9. Pending availability of public sewers, sewage disposal shall be effected by means of individual septic tank(s) (or other equally sanitary structures for the storage or disposal of sewage); the type of tank, its construction, location on lot, and disposal fills must be approved by the necessary health authorities of the county.
10. In order to assure first class development in harmony with the surrounding areas and commonly known concepts of good land planning and design, no building, as above-described in Protective Covenant 1, shall be erected, placed or altered on any lot, until a full set of architectural and construction exhibits have been approved in writing by the Architectural Control Committee. These exhibits shall include, but not be limited to, detailed construction plans and specifications which indicate the quality of workmanship and materials, exterior design and color scheme, as well as a plot or location plan showing the locations of all structures on the lot, existing topography, and finished grade elevations. No fence, wall or animal containment structure shall be erected, placed or altered on any lot unless specifically approved by the Architectural Control Committee as to location, height and materials. All structures or buildings must comply with the necessary local and state building codes prior to submission of construction plans and specifications. All excavated materials shall be removed from the Subdivision unless approved, in writing, by the Architectural Control Committee. Diversion of any natural waterways requires prior approval, in writing, by the Architectural Control Committee.
11. All Santa California Subdivision Units, hereby known as PRADO VALLEY ONE HOA, may at any time hereafter constitute and appoint an Architectural Control Committee of not less than three (3) then owners of portions of the above described property for the purpose of giving approvals herein required; in such event, PRADO VALLEY ONE HOA shall establish such rules, regulations and by laws for the committee as will assure the consistency and continuity of such Committee for the purpose of giving such approvals.
12. The approval or disapproval as required in these covenants shall be in writing by the Architectural Control Committee. In the event the Architectural Control Committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in the event a suit to enjoin the construction has not been commenced prior to the beginning thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
13. All permanent structures commenced on any lot must be completed within twelve (12) months from the date construction commences.
14. If the undersigned or any subsequent owner of any portion of said property shall violate any of the foregoing covenants or restrictions, then the undersigned or any person or persons owning any portion of said property may enjoin or abate such violations by appropriate action at law or in equity, in which the prevailing party shall recover costs incurred, together with reasonable attorney’s fees.
15. In the event that any one or more of the provisions, conditions, restrictions and covenants herein set forth shall be held by any court of competent jurisdiction to be null and void, all remaining provisions, conditions, restrictions and covenants set forth herein shall continue unimpaired and remain in full force and effect.
16. These Protective Covenants shall remain in effect in perpetuity.
SCHEDULE A
- Block 1 Lots 1 thru 11
- Block 2 Lots 1 thru 22
- Block 3 Lots 1 thru 44
- Block 4 Lots 1 thru 59
- Block 5 Lots 1 thru 72
- Block 6 Lots 1 thru 11
- Block 7 Lots 1 thru 4
- Block 8 Lots 1 thru 43
- Block 9 Lots 1 thru 30
- Block 10 Lots 1 thru 17
- Block 11 Lots 1 thru 33
- Block 12 Lots 1 thru 28
- Block 13 Lots 1 thru 20
- Block 16 Lots 1 thru 14
- Block 17 Lots 1 thru 41
- Block 18 Lots 1 thru 38
- Block 19 Lots 1 thru 23 All of the above mentioned property is located in Units #14 & #15 Santa California City, a subdivision in Rio Arriba County, New Mexico.