DECLARATION
OF RESTRICTIONS
IN
KNOW
BY
All the
reservations and restrictions hereinafter set forth are made for the benefit of
each and every subsequent owner of any portion of the land in said Subdivision
or any interest therein, and shall inure to and bind all subsequent owners
thereof; said restrictions, reservations and covenants being as follows:
1. These
covenants are to run with the land and shall be binding on all parities and all
persons claiming under them until the year 2000 A.D., at which time said
covenants shall be automatically extended for successive periods of ten years,
unless the then record owners of a three-quarters majority of the residential
lots in said Sandia Heights North – Unit II agree to change said covenants in
whole or in part.
2.
If the parties
hereto, or any of them, or their heirs or assigns, shall violate or attempt to
violate any of the covenants herein provided, any other person or persons
owning any real property in said Sandia Heights North - Unit II Development or
Subdivision shall have the right to prosecute any action in the proper court to
enjoin such party form violating such covenant, or to recover damages for such
violation, or both.
3.
Invalidation of
any of these covenants shall in no way affect the validity of the other
provisions, which shall remain in full force and effect.
4.
All Lots in
Sandia Heights North – Unit II, except as hereinafter provided, are hereby
designated residential lots. No structures shall be erected, altered placed or
permitted to remain on any residential lot other than one detached single
family dwelling and buildings related thereto, except that this provision shall
not prevent the combination of two adjoining lots for one such dwelling. The
Grantor may dedicate one or more lots, or any such portion thereof as a park.
5.
Except by
specific consent of the Architectural Control Committee, no building shall be
located on any residential lot nearer than forty-five (45) feet to the front
lot line or fifteen (15) feet to rear or any side lot line.
EXCEPT
BY SPECIFIC APPROVAL OF THE ARCHTIECTURAL CONTROL COMMITTEE, NO RESIDENCE SHALL
BE A FULL TWO STORY STRUCTURE. A TWO STORY STRUCTURE IS DEFINED AS
6.
An Architectural
Control Committee ( herein called the Committee)is hereby established,
consisting of Robert J. Norhaus, Ben L. Abruzzo and Max Flatow as the
appointees, to serve for a period of ten years from the date hereof and until
their successors shall be appointed and qualify. Vacancies occurring either before the end of
or as a result of expiration of such ten year term shall be filled by the
members of the Committee, provided that within thirty days of any appointment,
owners of a majority of the residential lots may select other appointees in
their stead.
7.
BEFORE ANYONE
SHALL COMMENCE THE CONSTRUCTION, REMODELING, ADDITION TO, OR ALTERATION OF ANY BUILDING,
SWIMMING
(a)
Preliminary floor
plans, elevations and location of the structure on the lot;
(b)
After approval of
preliminary plans, two complete sets of the final plans and specifications for
said work.
No
structure or improvement of any kind shall be erected, altered, placed or
maintained upon any lot unless and until the final plans, elevations and
specifications therefore have received such written approval as herein
provided. Such plans shall include plot
plans showing the location on the lot of any structures proposed to be
constructed, placed, altered, or maintained, and elevation of same, together
with the proposed color scheme for roofs and exteriors thereof, indicating
materials for same.
(c)
Solar Heating
Restrictive Covenants. Solar Heating equipment will be considered
for approval based on the merit of its design and the manner in which it is
constructed so as not to be obtrusive to other homes in the subdivision. Roof mounted equipment will be difficult to
conceal, however, if the color and structure is done in good taste, this type
of installation can be considered for approval.
The
Architectural Control Committee WILL NOT APPROVE THE FOLLOWING:
1.
White roofing
material.
2.
Translucent or
transparent garage doors.
3.
Visible heating
or air conditioning equipment, although screened, where architectural plans
make other locations practical.
4.
Choice of
exterior colors which do not blend into the natural terrain..
5.
Outside clothes
lines which are visible from any direction.
6.
Antennas more
than 5 feet high.
7.
Visible Butane
Tanks.
The Architectural Control Committee
is authorized to charge not more than $100.00 for review of plans for structure
and alterations. At the time of
submission of the plans and specifications as set forth herein, the owner shall
cause to be paid to the Grantor an initial charge in the amount of $25.00. The Committee shall approve or disapprove
said plans and specifications within thirty days from the receipt thereof. One set of said plans and specifications with
the Committee’s approval or disapproval endorsed thereon shall be returned to
the owner and the other copy thereof shall be retained by the Grantor.
The Committee shall have the right to disapprove any
plans, specifications or details submitted to it as aforesaid, in the event
such plans and specifications are not in accord with all the provisions of this
declaration, or if a design or color scheme in the proposed structure is not in
harmony with the general surroundings of such lot or the adjacent structure, or
if the plans and specifications submitted are incomplete, or if the Committee
deems said plans and specifications to the contrary to the spirit and intent of
these restrictive covenants, or contrary to the interest and the welfare and
rights of all or any part of Sandia Heights North – Unit II. The decision of the Committee in any of these
matters shall be final, and no building or improvement of any kind shall be
constructed or placed upon any lot in Sandia Heights North – Unit II without
the prior written consent of the Committee.
Neither the Committee, its members or the Grantor
shall be responsible in any manner
whatsoever for any defect in any plans or specifications submitted nor be
revised by said Committee or the Grantor, or for any work done pursuant to the
requested changes of said plans and specifications.
8.
No residence
shall be erected on any residential lot having an area of less than 2000 square
feet of living area.
9.
No trade or
offensive activity of any kind shall be carried on upon any lot, nor shall
anything be done on any lot which shall constitute an annoyance or nuisance to
the neighborhood.
No trash
or garbage shall be burned on the premises.
Garbage shall be placed in covered containers, said containers to be
concealed from public view by an attractive enclosure.
10.
No house trailer
or boat shall be parked on any lot, nor shall any trailer, tent, shack, garage
or other out-building be used as a residence, temporarily or permanently.
11.
The exterior of
all buildings on all lots shall be finished according to plans approved by the
Architectural Control Committee within twelve months of start of construction.
12.
Each residence
shall be provided with a method of sewage disposal meeting the recommended
standards of the Bernalillo County Health Department and approved by the
Architectural Control Committee. Garbage
and waste shall be kept in covered metal containers and stored or disposed of
in a manner approved by the Bernalillo County Health Department. Outdoor privies are prohibited.
13.
Natural
vegetation is to be left undisturbed where practical on all lots, except for
access to property, clearing of building sites and establishment of lawns and
flower beds adjacent to buildings. No
Chinese elms, cotton-bearing cottonwood trees or Bermuda grass shall be
maintained on any lot. No grouping of
trees shall be planted to constitute a screen.
Each dwelling shall be developed in such a manner as to retain 50% or
more of the storm run-off within the boundaries of each residential lot, so as
to comply with the standards of the Albuquerque Metropolitan Flood Control
Authority or its successor then in force.
Remaining run-off shall drain into existing channels as shown in the
recorded plat of the property. Public
agencies shall have the right to enter upon all drainage easements for
construction and maintenance of drainage facilities.
14.
Access roads and
utility easements are dedicated and reserved as shown on the Plat of the
Subdivision. All rights to water, oil
and natural gas underlying the property are reserved to the Grantor.
15.
Butane tanks must
conform to state regulations and must be screened and located so as not to
detract from the appearance of any lot.
16.
No animals shall
be kept on residential lots except domestic cats and dogs.
17.
No wire fences
shall be maintained in the residential area of the Subdivision, except by
Grantor on Subdivision boundaries. No walls, of any kind, will be approved that
are located on the lot boundaries.
18.
No residential
lot may be subdivided, nor may a portion of any residential lot be sold except
to adjacent property holders for the purpose of increasing the size of an
adjacent lot. No room or rooms in any
residence may be rented or leased to any person, providing however, that
nothing contained herein shall be construed as preventing the renting or
leasing of an entire lot together with its improvements as a single unit to a
single family.
19.
It shall be the
responsibility of owners of lots vacant or otherwise, to keep said lots and all
easement areas encompassed within the exterior boundaries of said lots, clear
of trash, rubbish or noxious material.
20.
No un-shaded flood
lights shall be maintained which cast light directly into the homes of other
residents in the Subdivision.
21.
In the event that
a structure is destroyed, wholly or partially by fire or any other casualty,
said structure shall be properly rebuilt or repaired to conform to this
declaration or, all the remaining structures, including the foundations and all
debris, shall be removed from the lot.
22.
Any and all of
the right, title, interest and estate given to or reserved by the Grantor
herein or on the plat may be transferred or assigned to any person, firm or
corporation by appropriate instrument in writing duly executed by the Grantor
and recorded in the office of the Clerk and Recorder of Bernalillo County, New
Mexico, and wherever the Grantor is hereby referred to, such reference shall be
deemed to include it successors and assigns.
No
delay or omission on the part of the undersigned, its successors or assigns, or
of the owners of other lots in said Subdivision having the right hereunder to
exercise the same, in exercising any right, power or remedy herein provided for
in the event of any breach of the restrictions, covenants or reservations
herein contained, shall be construed as a waiver thereof or acquiescence
therein; and no right of action shall accrue, nor shall any action by brought
or maintained by anyone whatsoever against the undersigned, its successors or
assigns, for an on account of failure or neglect to exercise any right, power
or remedy herein provided for in the event of breach of any of said covenants,
restrictions or reservations.