IHPOASilver City, NM 
Indian Hills Property Owners Association

Covenants for Little Walnut Mobile Ranch Unit 2

Filed for record on 30th  day of  October A.D., 1974 at 3:43 oclock PM Cleo Ward - Co. Clerk

693

PROTECTIVE COVENANTS

The undersigned, sole owners of a mobile home subdivision consisting of Lots 1 through 51 of Little Walnut Mobile Ranch Unit # 2

Subdivision, Silver City, Grant County, New Mexico, according to the

Survey and plat made by V. Topmiller, Jr., surveyor, and filed for record in the office of the County clerk of Grant County, New Mexico, on October 30

1974, in Book 189 of plats at Page 693-696 do hereby covenant and agree that the  following restrictive and protective covenants shall be and become

in full force and effect and binding upon the undersigned owners, their successors, assigns and grantees, all future purchasers and their heirs

successors, and grantees, all future purchasers and their heirs, successors, assigns and grantees of the lots above described.

1.  All lots except those as otherwise designated on the plat are to be maintained for single family mobile home dwelling use only.  No lot may be resold except for mobile home or residential dwelling use, and this covenant shall be construed as running concurrently with any transfer of title.

2.  No mobile home less than eight (8) feet in width excluding expandos, tip-outs or additions may be located upon any lot in the subdivision,

3.  Mobile homes must be placed on lots in such a manner that on the streets they are a distance of twenty-five (25) feet from the front , except as otherwise designated by specific limitations which shall be recorded in each deed

4.  No dwelling shall be permitted on any lot at cost of less than

$24,000.00 based upon cost levels prevailing on the date these covenants

are recorded, it being the intention and purpose of the covenants to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size.  The ground floor area of the main structure, exclusive of the one-story open porches and garages, shall be not less than 1,200 square feet for a one-story dwelling, nor less than 1,600 square feet for a dwelling of more than one-story. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than 25 feet.

5.  Dwellings only are permitted on the lots listed in this paragraph. The dwellings must conform to the same protective covenants as described in Paragraph 4.  Lots 1 through 15. Lots 19 through 23.

6.  No building or mobile home may be placed nearer than five

(5) feet from the side property line.

7. Auxiliary structures including storage buildings and tool shed shall not be located nearer than five (5) feet to the mobile home nor nearer than twenty-five (25) feet from the front property line, and must be blended in the color of the mobile home.

8.  No mules, goats, cows, chicken, pigs, or other livestock or fowl may be kept on any lot in this subdivision, and dogs must be kept on a leash or enclosed in the yard.  Horses will be permitted in the subdivision. Property owners may have two (2) horses for each lot. Lots over 1.5 acres can have one horse for each 30,000 square feet of land.

9.  All clothes lines shall be maintained on the rear of the lot.

10. No washing machines, freezer, machinery nor any tools or other objects that which can be construed as detracting from the appearance of the lot shall be exposed, but shall be placed in a suitably roofed and closed building of new material only.  Materials may be brick, masonry, metal, fiberglass or wood, and if of wood must be painted and finished and blended in the color of the mobile home.

11. Fence materials shall be brick, wood, concrete block, wood, stone masonry and steel chain link with steel posts or combinations of these materials. The use of any other materials is prohibited unless permission in writing is first obtained from owners. Wire fencing, except steel chain link with steel posts and gates of matching materials is not permitted. All fencing shall be installed to professional standards.

12. No objects not a component part of the mobile home except aerials and air-conditioners shall be maintained on roofs of mobile homes, auxiliary structures, canopies, awnings or porch covers,

13. No fences or hedges shall be permitted higher than three (3) feet across the front of any lot nor higher than three (3) feet on either of the side lot lines on the front twenty (20) of any lot. No fences or hedges shall be permitted on the rear of any lot higher than six (6) feet.

14. No more than one mobile home shall be permitted or maintained on one lot, except that a small vacation trailer may be stored, if it is placed in such a manner that it is not detrimental to the appearance of the property, and is not maintained as a living unit.

15. No business, trade, animal breeding or offensive activity of any kind shall be conducted upon the lot nor anything be done or maintained which may be or may become unsightly or an annoyance or nuisance to the neighborhood or detrimental to it.

16. None of the said lots shall be resubdivided into smaller lots nor conveyed or encumbered in less than the full original dimension of such lots as shown by the plat above described, except for public utilities.

17. Mobile homes must be skirted within 90 days after being placed on the lot. All skirting shall be of new materials and installed to professional standards.

18. Easements for installation and maintenance of utilities and drainage facilities are reserved as indicated on the recorded plat.  Within these easements, no structure planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of water drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

19. These covenants are understood and agreed to be, and shall be held to be, for the benefit of all purchasers of the aforesaid lots, and all covenants herein contained attach to the land and run with the title thereto and shall be binding upon all owners until January 1, 1990, at which time said covenants shall be automatically extended for successive ten-year periods, unless by a vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part.

20. Failure to enforce any of the restrictions, rights, reservations, limitations, and covenants contained herein shall not in any event be construed or held to be a waiver thereof or consent to any further or succeeding breach or violation thereof. All deeds shall be given and accepted upon the express understanding that said subdivision has been carefully planned as a choice mobile home district exclusively and to assure lot owners that there will be no abandonment of the original plan to preserve said subdivision as a choice mobile home district. Upon the breach of any said covenants or restrictions, anyone owning land in said subdivision may bring a proper action in the proper court to enjoin or restrain said violation, or to collect damages or other dues on account thereof.

21. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

22. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which will remain in full force and effect.

 

IN WITNESS THEREOF, the undersigned have hereunto subscribed their names this 24th day of October, 1974

THE ANCHOR RANCH DEVELOPMENT COMPANY – a Partnership

By :  Lowell Cain, Jr.

A Managing Partner

By :  Frank Weidner

A Managing Partner

By :  Robert Heasley

A Managing Partner

STATE OF NEW MEXICO    )

) ss

COUNTY OF GRANT            )

The foregoing instrument was acknowledged before me this 24th day of October, 1974, by Lowell Cain, Jr., a Managing Partner of the ANCHOR RANCH DEVELOPMENT COMPANY, a Partnership

 

My Commission Expires:

   7-17-76                         (seal)


 

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