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NOTICE: RECENT UPDATES Join Our Taos Pines Community Chat See Links #3 CHIPPER FOR SALE more info 'CHIPPER DATES: July 7, August 4 and August 29' more info 'Annual Membership Meeting Pictures (Minutes posted under POA below)' more info Are you having a road problem? more info NEW Visit the Calender list of events for important dates more info Membership dues for the POA for 2008-2009 are $120.00, due August 1, 2008. Your membership supports this web site. Send check to: Taos Pines Ranch Property Owners Assoc., P. O Box 656, Angel Fire, NM 87710 |
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Real Estate Records - Book 5 Page 5325
Filed For Record 8-16-94 at 1:33 PM Barbara Castillo, Recorder DECLARATION OF PROTECTIVE COVENANTS FOR TAOS PINES RANCH COLFAX COUNTY, NEW MEXICO TAOS PINES RANCH, the owner of real property situated in the County of Colfax, and State of New Mexico, known as Taos Pines Ranch and legally described on Exhibit "A" attached hereto, in order to protect the living environment and preserve the values in Taos Pines Ranch, hereby declares that the land shall be held, leased, sold, and conveyed, subject to the covenants, restrictions and provisions shall inure to and run with the land and shall apply to and bind the successors and assigns of the present owners. The property composing the above mentioned land is made specifically subject to the following described covenants and the owner of any interest in the property shall have standing to seek enforcement of these covenants. I. INTENT: It is the intent of these covenants to protect and enhance the value, desirability and attractiveness of said property, and to prevent the construction of improper or unsuitable improvements. Restrictions are kept to a minimum while keeping in constant focus the right of property owners to enjoy their property in attractive surroundings free of nuisance, undue noise, and danger. Further, it is intended that the natural environment be disturbed as little as possible. II. DWELLINGS: No permanent structure shall be built on Taos Pines Ranch that has less than 1,000 square feet of living space and, in addition to living space, at least a two car garage; no mobile homes will be allowed on Taos Pines Ranch. III. SETBACKS: No structure may be erected within fifty feet of the right-of-way line of any road bordering Taos Pine Ranch nor within fifty feet of the perimeter of any parcel. IV. TRASH AND RUBBISH: Rubbish, garbage or other waste shall be kept and disposed of in a sanitary manner, and all containers shall be kept in a clean, sanitary condition. V. NUISANCES: No owner shall cause or allow the origination of excessive odors or sound from his property. No owner shall cause or allow any other nuisances of any kind whatsoever to exist on his parcel. VI. ANIMALS: Domestic animals will be allowed on Taos Pines Ranch for personal use of parcel owners only. VII. MOTOR VEHICLES: No motorized vehicle which is either non-operational or non-licensed shall be kept or stored on any parcel, unless said vehicle is kept or stored in a fully enclosed building. VIII. TEMPORARY RESIDENCES: No structure of temporary character, recreational vehicle, camper unit, trailer, basement, tent or accessory building shall be used on any tract as a residence. Recreational vehicles, camper units and tents may be used for vacation camping for periods not to exceed one hundred twenty (120) days in any calendar year. IX. LAND USE: commercial wood harvesting, mining (including the removal of soil, gravel or rock) is prohibited. No more than two acres of any parcel may be fenced as a private yard so that the remainder of the area shall remain unfenced allowing wild life to move freely. No lot shall be divided or split into two or more parcels, this applies to all tracts including those tracts which are bisected by roads and so have "A" and "B" components, the "A" component of a tract can not be divided or conveyed separately from the "B" component of that tract and all components thereof must remain intact. X. ARCHITECTURAL CONTROL COMMITTEE: Improvements and the design, style, and color of any improvements upon a parcel shall be approved prior to construction by the Architectural Control Committee which committee shall have complete discretion to approve or disapprove proposed improvements and the design, style, and color of improvements; improvements shall be consistent, harmonious and not clash with the natural environment and surroundings; the Architectural Control Committee shall be composed of the General Partner of Taos Pine Ranch until such time as eighty percent of the parcels in the subdivision have been sold to persons other than Taos Pine Ranch after which time the committee shall be composed of three parcel owners appointed by the General Partner of Taos Pines Ranch for one two-year term and thereafter the three committee members shall be parcel owners elected for two-year terms, with no committee members serving more than two consecutive two-year terms, and in which election each parcel shall be entitled to cast one vote and the three parcel owners receiving the most votes cast shall be elected. XI. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant; any person violating or attempting to violate an covenant shall be liable for the costs and expenses, including reasonable attorneys fees incurred in an enforcement action by the party seeking enforcement. XII. TERMS OF COVENANTS: These covenants and restrictions are to run with the land and shall remain in full force and effect for ten years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of the property owners of the parcels has been recorded, changing said covenants in whole or part. XIII. SEVERABILITY: Invalidation of any portion of these covenants or any part thereof by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. XIV. COUNTY REGULATIONS: To the extent that the applicable county or other governmental regulations, rules, codes, ordinances or laws are more restrictive in their allowable land utilization than these covenants, they shall supersede these covenants and govern at all times. In witness whereof, this Declaration of Protective Covenants for Taos Pines Ranch has been signed and approved by the owner. |