PROTECTIVE COVENANTS • NORTH RANCH COVES
San Juan County, New Mexico
(Revised) July 5, 2006
The UNDERSIGNED, being the sole owners of property located in the County of San Juan, State of New Mexico, described as follows, to wit:
North Ranch Coves, San Juan County, New Mexico a subdivision with the official plat thereof, recorded in the records of San Juan County, New Mexico, on November 29, 2005.
ARCHITECTURAL CONTROL Subject to the restrictions set forth herein, no building or structure of any kind or character shall be commenced, erected, placed or maintained on any lot unless and until plans and specifications (including but not limited to fences, storage sheds, grading and landscape plans) showing the nature, location, quality of proposed materials, size, area, height, shape and design thereof first shall have been submitted to and approved in writing by the Architectural Review Committee, (hereafter referred to as "committee"). Specifically, the location of storage sheds on all lots shall be determined by the committee. Failure to reject in writing said plans and specifications within thirty (30) days from the date they are submitted to the Committee shall constitute approval of said plans and specifications. The committee shall have the right to refuse approval of said plans and specifications which, in its opinion, are not suitable or desirable with respect to the individual Lot concerned or the Subdivision as a whole. In this regard, the Committee shall have the right to take into consideration the matters mentioned above, as well as the aesthetics of the proposed building or any structure as seen from the adjacent or neighboring property and the effect on the Subdivision as a whole. All subsequent exterior additions, changes or alterations, including but not limited to other structures of any kind or character shall be subject to the prior approval of the Committee or it’s assigns under the same conditions herein set forth.
LANDSCAPING PLAN As outlined above under Architectural Control, a landscaping plan is required to be presented to the Committee. The intent of the landscaping covenants is to insure the natural harmony and desirable aesthetics of North Ranch Coves.
Fencing shall be constructed with commonly used residential fencing materials. Block, brick, vinyl, stucco, wood, metal, privacy chain link, or other materials approved by the committee are permitted. Chain link fencing is acceptable but does not excuse other requirements for screening of clotheslines, equipment, service yards, storage piles, or vehicles.
A landscape plan shall be submitted to the Committee by the homeowner no later than 60 days after the home is purchased. After receipt of the plan, the Committee shall review the plan and approve the plan in writing with required modifications and suggestions within 20 days of receipt of the plan. Homeowners are encouraged to include a front lawn area equal to or greater than 50 percent of the total area located in front of the dwelling as part of the landscaping plan. Landscaping for the front of the lot must be completed within twelve months of the plan’s approval. Landscaping for the rear of the lot must be competed within 24 months of the plan’s approval.
DWELLING QUALITY AND SIZE Unless otherwise approved by the Committee, the ground floor area of the main structure, exclusive of garage, exterior storage rooms, basement and porches, shall not be less than 1,800 square feet. All dwellings must have a minimum of a double car garage. No lots shall be used for any purpose other than residential use for one detached single family residence. Front setbacks shall conform to the coving setbacks for each Lot of the recorded Subdivision plat for garages and house structures. Rear setbacks shall be a minimum of 20 feet for garages and 20 feet for house structures, or greater to allow for irrigation easements, when applicable. Side setbacks shall be a minimum of 10 feet.
All roofs are to be pitched roofs. No flat roofs will be allowed. Roof coverings are to be architectural shingles or tiles. Exterior finishes shall be stucco, stone, brick or block. Wood, vinyl, and metal siding will not be allowed.
No building shall be erected or placed upon said premises, other than one detached, single dwelling house and garage to be used as a private dwelling place; provided however, that a guest house or maid’s quarters may be attached to the house so as to conform to the same elevation and design. Separate detached garages may be allowed.
BUILDING CODE The building code of San Juan County shall regulate and govern all building construction in this Subdivision including but not limited to, property line setbacks, foundations, basements, structures, roofing, windows, doors, masonry, plumbing, electrical, heating and cooling.
TEMPORARY STRUCTURES No trailer, tent, shack, garage, barn, basement or other accessory building shall at any time be used as a residence, temporary or permanently, nor shall any other structure of a temporary character be used as a residence.
COMPLETION OF EXTERIOR Buildings on this tract shall be finished as to exterior within twelve months from the date of commencement.
CLOTHES LINES AND STORAGE All clothes lines, equipment, service yards, woodpiles or storage piles shall be kept screened so as to conceal them from view of neighboring property and streets.
GARBAGE AND REFUSE DISPOSAL All rubbish, trash or garbage shall be kept in containers, out of view and not allowed to accumulate on the premises. No rubbish, trash or garbage shall be burned on the premises. Incinerators of every kind shall be prohibited.
VEHICLE PARKING No vehicles may be parked on the streets. No trucks, buses, trailers, boats, campers, snowmobiles, etc. other than passenger automobiles and pickup trucks, one-ton or less (not having a camper shell or other attachment which extends above the normal roof line of the cab) shall be parked on any lot except where such parking area is located entirely to the rear of the front most portion of the residence and then only if such area has sufficient screening to substantially conceal the parked unit from view of the street. Such screening shall be subject to approval by the Committee. Garages, carports, or privacy fencing, as allowed under these covenants shall be considered for meeting this requirement provided the unit being parked can be entirely contained therein. Any vehicle parked in the front portion of the Lot must display a current motor vehicle registration, and be in running condition.
PETS AND OTHER ANIMALS No animals, fish or bird of any kind shall be raised, bred or kept on any lot, except that commonly accepted household pets may be kept, provided that such pets are not kept, bred or maintained for any commercial purpose. Livestock and pigs are not allowed.
Dogs are allowed in fenced yards, unless they cause a nuisance to other Lot owners, including but not limited to, barking and digging under fences. No pets are allowed to run loose at any time.
NUISANCES No noxious or offensive activity may be carried on or permitted on any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood; nor shall any part of the premises be used for business, professional, commercial or institutional purposes.
IRRIGATION PUMPS Irrigation pumps shall not exceed 1.5 horsepower. Only electric pumps are allowed.
ANTENNAS AND SATELLITE DISHES No external towers or antennas except satellite TV dishes and computer satellite dishes or antennas shall be allowed. Satellite TV or computer antennas or dishes shall not exceed one meter in diameter.
NOXIOUS WEEDS No noxious weeds shall be allowed to grow on any Lot.
EXCAVATIONS AND GRADING No excavating or grading shall be done that may cause either temporary or permanent erosion of dirt or soil onto adjacent lots or property. No excavating or grading shall be done that concentrates or diverts the natural flow of water onto adjacent Lots or property. All construction shall be done in a manner as to preserve the natural vegetation and appearance of each Lot and no Lot shall be entirely cleared by scraping or bulldozing.
CONVEYANCE RESTRICTIONS Deeds of conveyance of the premises, or any part thereof may contain foregoing restrictive covenants by reference to this document, but whether or not such reference is made in such deeds, each and all said restrictive covenants shall be valid and binding upon the respective Grantees.
SEVERABILITY Invalidation of any one of these covenants by judgment of court shall in no way effect any of the other provisions; which shall remain in full force and effect.
DEDICATED EASEMENTS AND RIGHTS OF WAY Dedicated easements and rights of way, including those shown on the recorded plat of said Subdivision, are hereby reserved for the benefit of all the above described Lots, for drainage and erection, construction, maintenance and operation of wires for the transmission of electrical energy and for telephone, television and telegraph lines and for the laying and maintenance of pipes, mains, and conduits for the furnishing of water, including irrigation water, where applicable, gas service and installing and reading of gas, electric and water meters.
Each building structure shall be subject to an easement for encroachments created by construction, settling and overhangs, as designed or constructed by the original builder. A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall and does exist. In the event a structure is partially or totally destroyed, and then rebuilt, the owners of adjacent property agree that minor encroachments of parts of the adjacent Lots due to construction, shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist.
VARIANCE The Architectural Review Committee shall be authorized to permit minor variances from time to time, occasioned by mistake, oversight or neglect, in order to prevent undue hardship upon a builder, lot owner, etc.
ENFORCEMENT If the owners shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning real property situated with said development or tract to prosecute any proceeding at law or in equity against the person or persons, firm or corporation violating or attempting to violate any such covenant and either to prevent him or them so doing or to recover damages for such violations. Any prevailing party in a lawsuit may be awarded reasonable attorney fees by the court.
HEIRS AND ASSIGNS These covenants shall be binding upon the heirs and assigns of all owners.