7635867 DECLARATION OF RESTRICTIONS 580
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 from 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, 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. Nordhaus, Ben L. Abruzzo and Max Flatlow 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 OR ROOF MOUNTED HEATING AND AIR CONDITIONING
EQUIPMENT, ALTHOUGHT 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 structure shall unduly interfere with the view from near-by residences,
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 as 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 2,000
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.