Little Creek Subdivision

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New Home Warranty

KOZI Homes along with Consolidated Constructors, Inc. will provide a one-year warranty for newly constructed homes built by Consolidated Constructors, Inc., starting on the original date of settlement (closing) and ending twelve months from the original date of settlement (closing). This warranty will cover any defects in the workmanship provided by Consolidated Constructors, Inc.  Any material defects will be warranted by the various manufacturers of said material according to each manufacturer's warranty policies and procedures.  

Checklist to Ensure Warranty 

· Find and familiarize yourself with the owner’s manuals – located in a kitchen drawer

· Read the air conditioning thermostat manual and learn how to set it for your comfort zone

· Check the air conditioning filter located in or near the hallway under the white grate on the ceiling

· Check filters once a month for the first ninety days and then every ninety days thereafter

· Check under the kitchen and bathroom sinks after use and look for water leaks

· Your water heater is located in the garage and has an adjustable temperature setting **BE CAREFUL** hot water can scald. Start at the lower setting until you find a temperature you are comfortable with

· Detach garden hoses from faucets in freezing weather. These devices are designed to drain themselves and cannot do so if a hose is attached

Please feel free to contact our office at any time if you have any questions.

505.327.9008

1300 Little Eagle Court

Farmington, NM 87401

E-Mail: mary@consolidatedconst.com

DECLARATION OF RESTRICTIONS

LITTLE CREEK SUBDIVISION PHASE 8

KNOW ALL MEN BY THESE PRESENTS:

That JOE & STAN, LLC, A New Mexico Limited Liability Company, (hereafter referred to as Developer”), being the owners of that property in San Juan County, New Mexico, described as follows;

Little Creek Subdivision, Phase 6, a subdivision according to the official Plat  

Thereof, recorded in the records of San Juan County, New Mexico 

In  Book 1613 Page 95  (2 pages)  (hereinafter referred to as “Subdivision”) 

Developer, desiring to establish the nature of the use and enjoyment of said subdivision, does declare said premises subject to the following expressed covenants, conditions and restrictions:

1. Single Family Residential Use. All of said Lots in the subdivision shall be known and described as, and limited in use to single-family residential lots. No further subdivision of the Lots is permissible except as a Replat filed by the developer.

2. Construction of homes and garages. All structures on said lots shall be of new construction, and no buildings shall be moved from any other location onto any of said lots. All construction work shall be prosecuted diligently from commencement until completion. New homes permissible under zoning and building regulations of San Juan County or the City of Farmington are acceptable, assuming all other conditions of these covenants are met.

3. Temporary Structures. No structure shall be constructed or placed on any lot prior to construction and completion of the dwelling house permitted in paragraphs 4 & 5 herein, except as follows: Subject to prior approval of the Developer, temporary structures may be erected or placed on a lot when the same are used in connection with the construction of the dwelling house. Subject to prior approval of Developer, a temporary sales office used only for the original sale of the lots and/or houses to be constructed on lots within this Subdivision may be erected, placed or maintained on a lot during the original sale thereof, and said temporary sales office shall be promptly removed upon the completion of the original sale of the lots and /or houses in this Subdivision.

4. Submission of Plans. Subject to the restrictions set forth in paragraph 5 herein, no building, fence, wall, antenna, tower, cooling unit 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 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 Developer. Failure to reject in writing said plans and specifications within thirty (30) days from the date they are submitted to Developer shall constitute approval of said plans or specifications. Developer shall have the right to refuse to approve any such plans or 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, Developer shall have the right to take into consideration the matters mentioned above, as well as the aesthetics of the proposed building or other structure, the harmony thereof with the surroundings, the effect of the 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 fences, antenna, tower, cooling unit or other structure of any kind or character shall be subject to the prior approval of Developer or his assigns under the same conditions set forth.

5. Building Requirement. The following restrictions shall apply whether Developer approves, or fails to approve, the plans and specifications pursuant to paragraph 4 herein:

(a) Type of House. Within Phase 8, no building other than one single-family dwelling house, with no less than a one-car garage attached thereto, shall be constructed or permitted on a lot. This shall not prohibit such other attachments to the dwelling house as are permitted under subparagraph (b) herein. However, this does not negate the building of basements, garages, etc., that are below the existing grade of said lots. A detached garage is permissible where it is the same design and appeal as the home. Colors and exterior material should match the home.

(b) Dwelling Quality and Size. Within Phase 8 and unless otherwise approved by the developer, the ground floor area of the main structure exclusive of garage exterior, exterior storage rooms, and open porches, shall not be less than 1200 square feet for a one story dwelling. In a split level dwelling the combined area of the main level and of the adjoining levels, exclusive of garage, exterior storage rooms and open porches, shall not be less than 1200 square feet with one level containing not less than 400 square feet. Two story dwellings shall meet the same requirements and shall not total less than 1200 square feet with the one floor containing not less than 400 square feet. Square footage’s shall not include any basement area. A basement is defined as any portion of the living area that is predominantly below the natural grade of the site. However, a walk-out basement to the level of the basement floor to a front or back yard (as defined by City of Farmington for this subdivision) shall be considered as a floor of a split level dwelling.

(c) Set Back Lines. Unless a written exception is granted by the Developer where unusual circumstances exist, the following set back lines shall apply;

(1) No building shall be located on any lot nearer than 20 feet to the front of the lot line or nearer than 10 feet to any side street.

(2) No building shall be located nearer than 5 feet to an interior lot line, and both side yards, when added together shall be at least 10 feet.

(3) No dwelling shall be located farther than 50 feet from the front lot line or nearer than 15 feet to the real lot line. Setbacks will be submitted and approved by Developer prior to building. 

(4) For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of the building; provided however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.

(d) Lot Area and Width.  No dwelling shall be erected or placed on any lot having a width of less than 20 feet at the point where there is proposed to be located that part of the dwelling closest to the front street, nor shall any dwelling be erected or placed on any lot having an area of less than 6,000 square feet.

(e) Hedges, Fences, and Walls. Unless approved by Developer, no hedge more than three feet high and no fence or wall more than 2 feet 6 inches high shall be erected, placed or permitted to remain on any lot closer to the front street than the front of the residential structure on said lot and, where said hedge, fence or wall if located between two lots, it shall not be closer to the front street than the front of the adjoining residence. On corner lots, any hedge, fence or wall other than a hedge or fence allowed above, erected or placed on the side yard adjacent to the side street shall be located back from the side lot line at least as far as the minimum required for a residential structure. In no case shall chain link fencing be erected or placed forward of the rear wall of the residential structure where such fence would face the front or side yard.

(f) Antennas. If desired by owner, each dwelling house shall have installed during construction television antenna. All subsequent radio, television and other antennas of every kind of nature shall be located so that it (or any portion of the structure there of) shall not be visible from the front of the dwelling house. In the event television cable is not immediately available, temporary exterior antennas can be erected. With the availability of public cable, all antennas must be removed from view.

(g) Heating and Air Conditioning Units. All heating, air conditioning or other heating and cooling equipment of any nature whatsoever, if placed outside the dwelling house, shall either be located on the ground or screened or concealed from the neighboring properties and the streets unless prior written approval from Developer is obtained. All such units, if located on the roof of the dwelling shall be installed on the rear portion of the roof away from the street and below the ridge line. Any portion of such installation that is seen from the street shall be screened in such a manner as will harmonize with the balance of the residence. Such screening shall be subject to the approval of the Developer.

(h) Solar panels. Solar Panels can be located either on the roof or as a freestanding unit so the southern exposure is available. No solar panels shall be installed in the front yard or located so they restrict the view of the front wall, door, or window, of the house from the street without prior written approval by Developer.

6. Nuisances. No noxious of offensive activity may be carried on or permitted on any lot, or 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 the business, professional, or commercial or institutional purposes.

7. Animal and Pets. 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. Animals specifically allowed by zone regulations are permissible in this subdivision.

8. 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.

9. Garbage and Refuse Storage. All rubbish, trash or garbage shall be kept in a container, out of view, and not allowed to accumulate on the premises. Incinerators of every kind shall be prohibited. An electric kitchen garbage disposal unit shall be installed in each dwelling house.

10. Vehicle Parking. No trucks, buses, trailers, boats, campers, snowmobiles, etc. other than passenger automobiles and pickup trucks, 1 ton and 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 the approval of Developer.
Garages and/or carports as allowed under these covenants shall be considered as sufficient for meeting this requirement provided the unit being parked can be entirely contained therein.

11. Excavations and Grading. No excavation or grading shall be done that may cause either temporary or permanent erosion of dirt or soil onto adjacent lots or property. No excavation 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 to preserve the natural vegetation and appearance of each lot. 

12. Conveyance Restrictions. Deed of conveyance of the premises, or any part thereof may contain the foregoing restrictive covenants by reference to this document, but whether or not such reference is made in such deeds, each and all of said restrictive covenants shall be valid and binding upon the respective Grantees. Invalidation of any one of the competent jurisdiction shall not affect any of the other reservations, covenants or restrictions, which shall remain in full force and effect. These Covenants shall be binding upon and shall insure the benefit of the lot owner, their heir, successors and assigns.

13. Landscaping. All front yards must be landscaped in accordance with City permit requirements within 90 days from occupancy. All landscaping and maintenance thereof is the responsibility of the lot owner. Landscaping shall be installed and maintained in a manner that is attractive and harmonious with the other residences and the surrounding area as a whole. Developer shall have final decision on what is attractive and harmonious. 

14. Variance. The Developer shall be authorized and have the authority to permit minor variance from time to time, occasioned by mistake, oversight, or neglect, in order to prevent undue hardship upon a builder, lot owner, etc. In the event any changes were made to the existing covenants, a newly binding covenant will be mailed to any and all lot owners affected by the changes.

15. Miscellaneous. These Covenants may be enforced in the manner provided in the Second Amended and Supplement Declaration, by injunctive relief and/or by suit for damages of any other remedy provided by law. These covenants may be amended or additional provisions may be added by the recording of a written instrument executed by the lot owners as shown by the records of the county clerk of San Juan County, New Mexico representing an aggregate ownership interest of seventy-five percent (75%). These covenants run with the land and shall be binding for the term provided in said declaration, or as renewed or amended.

These covenants shall be construed in conjunction with the said Declaration and the terms of both documents shall apply to the same extent as though set out in one document. Any conflict shall be controlled by the covenants.

a) Successors and Assigns. These covenants shall be binding upon and shall insure to the benefit of the Unit/Lot owners, their heirs, successors and assigns.

b) Severability. Invalidity or unenforceability of any provision of these covenants, in whole or in part, shall not affect the validity or the enforceability of any other provision of any valid and enforceable part of these Covenants. 

c) Captions. The captions and headings in these Covenants are for convenience only and shall not be considered as construing or limiting any provision in these Covenants.

d) No Waiver. Failure to enforce any provision in these Covenants shall not operate as a waiver or any such provision or any other provision in these Covenants.