Alvin E. "Butch" Nelson, Jr., ARA, ASA
I. General Disclosure Statement
II. Specific Disclosures
III. Deed Restrictions
IV. Homeowner's Association
I. General Disclosure Statement
This disclosure statement is intended to provide buyers
with sufficient information to make an informed decision
on the purchase, lease or acquisition of the property described
below to which this statement applies. All buyers should
read carefully all the information contained in this disclosure
statement before deciding to buy, lease or otherwise acquire
This property is not part of a subdivision.
Neither Grant County nor the Board of County Commissioners
the accuracy of what is contained in this disclosure statement.
In addition, this disclosure statement is not a recommendation
or an endorsement of the property by either the County
or the State.
This property may or may not suit the buyer's
intended purposes, depending upon the nature thereof, and
no guarantee to that end. No services, utilities or other
considerations will be provided by, or guaranteed available
by the sellers or their agents and no other guarantees are
given, and no representation made except as specifically
contained herein or in the sales agreement. Any questions
relative to this land, the use thereof, or available services
should be addressed to the appropriate persons qualified
to answer such particular questions. This may include various
county or state agencies, utility companies, private contractors,
agents, surveyors, inspectors, attorneys or others.
Buyers agree to follow the federal, state and local laws,
regulations, ordinances and policies related to the use,
division, sale or other conveyance of the land. This includes
the well water use, waste disposal, waste water disposal
and building construction. All permits must be issued by
state or county officials before improvements are made. Buyers
should investigate the availability of such permits before
they purchase, lease or otherwise acquire an interest in
This is currently grazing land; fenced, fully stocked with
cattle, adequate grass and water. The land will continue
to be used for grazing after sale with provisions for a
home site. Grazing leases will be entered with each purchaser
at the time of sale. The grazing status can be subsequently
revoked by buyer and another tax status can be achieved.
It is the intention of the developer to maintain this as
a fully stocked, operating cattle ranch for as long as
is feasible to do so. Land owners are encouraged, to the
extent they choose to, to enter into day-to-day operation
of the ranch.
Developer makes no representations or warranties concerning
access to any adjacent public land which are leased by
A. Name of development: MIMBRES MOUNTAIN
B. Name and address of developer: MMR, LLC ;
Abilene, TX 79608
C. Name and address of person, company in
charge of sales, leasing or other conveyance:
La Paloma Real Estate
3516 Highway 25
Mimbers, NM 88049
D. Size of development
(present and anticipated): 1700 acres
E. Size of smallest tract offered for sale,
lease or conveyance: 42 acres
F. Financing terms: Cash or bank
G. Name and address of holder of legal title:
MIMBRES MOUNTAIN RANCH, LLC
P.O. Box 5051
Abilene, TX 79608
Keith L. Schrimsher, a member of the Mimbres Mountain
Ranch, LLC is a licensed New Mexico Real Estate Broker
and Qualifying Broker for:
Schrimsher Ranch Real Estate, LLC ~ 110 North Lea,
Roswell, New Mexico 88202.
A.E. Nelson Jr., a member of the Mimbres
Mountain Ranch Partnership is a licensed Texas Real Estate
Broker and Qualifying Broker
for: Nelson Farm and Ranch Properties P.O. Box 5051, Abilene,
I. Location of development: All or part of Sections 16,
20, 21, 22, 27, 28 and 29. T18S R10W NMPM Grant County, New
J. Number of tracts: 28
K. Escrow Agent: TBD
Water: All tracts will be served
by individual wells at Buyer’s expense. Purchaser
will be provided with well logs of all nearby wells.
If purchaser and developer so choose, they may
negotiate the drilling of a well prior to closing.
Electricity: Electric power will be provided
to the tract line of each tract. There will be
individual metering for each tract.
Septic: All tracts will be served by individual
septic systems at Buyer’s expense conforming
to the existing EPA requirements.
Access: Access will originate from Highway 61 South.
will be granted an easement for ingress and egress to their property along the
roadways within the development.
N. Roads: Roads will be created to all tracts within a 60
foot dedicated easement with an
ingress/egress easement granted to all purchasers together with an additional
equestrienne trail riding easement, 7.5’ per roadside, of all roadways.
will extend to the center of the roadway easement.
O. Road Maintenance: Roads within the development
will he maintained by the developer
during the time period when any of the tracts are being sold.
A dedicated budget has been established for periodic road maintenance
by the developer. When all the tracts are sold, then the maintenance
responsibility will be taken over by the property owners. The
structure for accomplishing this will be discussed in the Homeowners
Association Section below. Neither Grant County nor any other
governmental agency assume any responsibility for the creation
or maintenance of any roads within the development.
These restrictions shall run with the land
and be binding on the parties and all persons claiming under
them for a period of 25 years from the date of Warranty Deed
in which these restrictions are incorporated by reference.
At the end of 25 years these restrictions shall be automatically
extended for successive periods of 10 years unless an instrument
signed by a majority of the owners of the subject property
has been recorded agreeing to change the restrictions in whole
or in part. Enforcement against any person violating or attempting
to violate any restrictions shall be by proceedings at law
or in equity to restrain such violation or to recover damages.
Invalidation of any one of these restrictions shall not affect
any other provisions, which shall remain in full force and
A. Only site built homes will be allowed. Homes
must be a minimum of 1600 square feet
and constructed out of new materials together with architecturally similar guest
casita and/or detached garage . Owners may live in a camp trailer or RV during
construction of home, not to exceed one year.
B. Buildings must be of natural tones compatible with natural surroundings to
roof cover, all out buildings, fencing and gates.
C. All construction must set back a
minimum of 50 feet from any property line.
C. All construction must set back a minimum of 50
feet from any property line.
D. No junk or inoperative vehicles allowed to accumulate.
E. Except for the land directly around the building
sites, the land is to be left in its natural
state. There will be no clear-cutting, plowing or exploration,
quarrying, mining or removal of any minerals, rocks,
sand, soil or dirt. No structure, culvert, road , planting
or any other material shall be placed or permitted
to remain in a location which may change the direct
flow of drainage channels on the property.
F. Over grazing will not be allowed and will be defined
1. Death of any number of a given plant species buy
reason of consumption or
trampling by domestic animals to include browse lines.
2. Significant change in the appearance of the terrain
by reason of grazing or
G. Agricultural water lines, water storage tanks,
earthen water storage tanks and cattle troughs are
on site and operational. A Blank Easement for maintenance,
repairs and continued use of livestock water infrastructure
will occur simultaneously with the term of livestock
grazing lease. No water line, water storage or drinking
trough may be tied into, cut or intentionally interrupted.
H. A Blanket Easement for lessee cattle grazing and
tract owners horse back riding shall go with the land
and is only revocable by the fencing of any tract at
I. Security lights may not shine on any areas beyond
the boundaries of any tract. All
exterior lighting shall be in compliance with the Night Sky Beautification
Act, all lights shall illuminate 30 degrees below the horizon.
J. There will be no business, manufacturing operations or commercial enterprise
on the property. No business or commercial signs are allowed.
K. There will be no loose running dogs. All dogs
and pets must be secure and contained
with reasonable sound control of all dogs.
L. Land tracts of 80 acres or more may be divided
and resold as 42 acre tracts and larger,
after purchase. Forty-two acre tracts may not be further
subdivided for a period of 24
months after purchase. No subsequent division may create
a tract of smaller than 20
M. No Big game hunting allowed by purchasers of any
tract within the
N. If at any time the roadways within the property
become under consideration by Grant
County for maintenance or if any petition is made to
the county for such, it is agreed
by owners and any future owners and their successors,
heirs, assignees or grantees that
the will provide full cooperation to allow for such
maintenance and/or county
ownership of the roadways. This does not imply that
Grant County is responsible or
is considering responsibility for construction or maintenance
of any roads within the
O. Developer shall retain a Blanket Easement to provide
domestic water if necessary from a community well
service to any tracts in development which prove
to be unsuccessful developing domestic water. The
well located on MMR Tract 18 and MMR Tract 12 is
reserved by Seller.
P. Developer shall retain a Blanket Easement for provision
of electric utilities.
IV. Mimbres Mountain Ranch Homeowners Association
A. Any tract owner in the MIMBRES MOUNTAIN RANCH is
member of the association.
B. If a member sells his tract, the new owner automatically,
upon notification, by
the association succeeds to the membership.
C. The purpose of the MIMBRES MOUNTAIN RANCH ASSOCIATION is to provide for road
maintenance within the development and any other business it chooses to conduct
on behalf of the membership.
D. Rights and Responsibilities: All members shall have the right to be the
Director or Officer for the HOA. All members shall have the responsibility for
financial support of the association
E. Dues and Fees: There will be an annual fee, shared pro rata, by the membership
for road maintenance. The amount of the fee will he based on an owner's share
of cost of maintenance determined by bids from acceptable contractors.
F. The HOA is allowed to collect these road maintenance fees by any legal
means available including assessments, liens, judgments, repossession or any
other procedure of law.
G. Decisions by the HOA shall be by majority vote at regularly
meetings. A quorum shall consist of 40% of the membership
Alvin E. "Butch" Nelson, Jr., ARA, ASA
Accredited Rural Appraiser
Petroleum Land Man,
Licensed Real Estate Broker,
Former Texas Appraiser Licensing Certification Board,
Appraisal Foundation Board of Trustees,
36 years Licensed Real Estate Sales
Farm and Ranch Properties
P.O. Box 5051, Abilene, Texas 79608
4481 S. Treadaway, Abilene, Texas 79602
Phone: 325.698.3374 • Toll-Free: 866.218.6238