KNOW
Lots
A - 1, A - 2, and A - 3 of the plat filed
hereby declares that it has established, and does hereby
establish a general plan for the improvement, development and restriction of
said property, subject to which all lots in said subdivision shall be sold and
conveyed.
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 parties and all persons
claiming under them until the year 2010 A.D., at which time said covenants
shall be automatically extended for successive periods of ten (10) years. These
covenants may be amended at any time by the affirmative vote of the then record
owners of three-fourths (75%) of the residential lots in said Sandia Heights
North, Unit 3.
2.
If the parties
hereto, or any of them, or their grantees, successors-in- interest or assigns,
shall violate or attempt to violate any of the covenants herein provided,
Grantor or any other person or persons owning any real property in said Sandia
Heights North, Unit 3, 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 violations, 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 3, are hereby designated residential lots. No
structures shall be erected, altered, placed or permitted to remain on any lot
other than one detached single-family dwelling, and buildings related thereto,
except that this provision shall not prevent the combination of adjoining lots
for one such dwelling; however, in no event shall any lot be further
subdivided. The Grantor may dedicate one or more lots, or any 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 thirty-five (35) feet to the front
lot line or fifteen (15) feet to the rear or any side lot line.
EXCEPT BY SPECIFIC
APPROVAL OF THE ARCHITECTURAL CONTROL COMMITTEE, NO RESIDENCE SHALL BE A FULL
TWO-STORY STRUCTURE,
6.
An Architectural
Control Committee (hereinafter called the Committee) is hereby established,
consisting of Robert M. Murphy and Ben L. Abruzzo 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 the expiration of such ten year term shall be filled by appointment
of a successor, by the members of the Committee, provided that within thirty
(30) 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
on 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 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.
8.
ANY VISIBLE
HEATING OR
9.
The Architectural
Control Committee WILL NOT APPROVE THE FOLLOWING:
1. WHITE ROOFING MATERIAL
2. TRANSLUCENT OR TRANSPARENT GARAGE DOORS
3. CHOICE OF EXTERIOR COLORS WHICH DO NOT BLEND INTO THE
NATURAL TERRAIN.
4. OUTSIDE CLOTHES LINES WHICH
5. VISIBLE BUTANE TANKS
6. BRICK OR BRICK VENEER EXTERIOR
10. The Architectural Control Committee is authorized to
charge not more than $250.00 for review of plans for structures and
alterations. At the time of submission of the plans and specifications as set
forth herein, the owner shall pay said fee in advance to the Grantor. 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 surrounding of such lot
or the adjacent structure, or if the structure shall unduly interfere with the
view from nearby residences, or if the Committee deems said plans and
specifications to be contrary to the spirit and intent of those restrictive
covenants or contrary to the interest and the welfare and rights of all or any
part of the Sandia Heights North, Unit 3. 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 3
without the prior 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.
11. No residence shall be erected on any residential lot
having an area of less than 2,000 square feet of heated living area.
12. 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.
13. 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.
14. No trailer, tent, shack, garage or other out-building
shall be used as a residence, temporarily or permanently.
15. No commercial type vehicles, trucks, campers, boats,
house trailers, mobile homes, recreational vehicles, or camper trailers shall
be visibly parked or stored on any residential lot or tract for an unreasonable
period of time (15 consecutive days or 30 non-consecutive days or more) except
in enclosed garages, or parked on any residential street or alley except while
engaged in transport to and from a residence. For the purpose of this covenant
a 3/4 ton or smaller vehicle, commonly known as a pick-up truck, shall not be
deemed a commercial vehicle or truck. Such vehicle shall be deemed a commercial
vehicle or truck when equipped with a camper and shall not be exempt from the
restrictions heretofore mentioned in this section.
No unused automobiles or
vehicles of any kind except is hereinabove provided shall be stored or parked
on any lot except in a closed garage. An "unused vehicle" shall be
defined as any vehicle which has not been driven under its own power for a
period of thirty consecutive days or longer. In the event any unused vehicle
remains parked on any tract or lot within the property boundaries, the Grantor
shall have the right to remove the same after 48 hours notice to the owner
thereof, the expenses to be charged against the owner thereof, and such charges
shall become a lien upon the recording of a notice of lien and shall be
enforceable.
16. 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.
17. 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.
18. 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 lawns shall be more than 500 square feet of any lot.
Natural vegetation is to be restored to its original state whenever and
wherever possible within 180 days of the completion of construction of the
house located on any lot.
19. Without specific approval of the Architectural Control
Committee no grouping of trees shall be planted to constitute a screen. Each
dwelling shall be developed in such a manner as to comply with the standards of
the Albuquerque Metropolitan Flood Control Authority or its successor then in
force. Natural drainage channels shall not be changed by any construction.
Public agencies and Grantor or its designee shall have the right to enter upon
all drainage easements for construction and maintenance of drainage facilities.
20. Access roads and utility easements are dedicated and
reserved as shown on the Plat of the Subdivision. All rights to minerals,
water, oil and natural gas underlying the property are reserved to the Grantor.
21. Butane tanks must conform to state regulations and
must be screened, and located so as not to detract from the appearance of any
lot and not be visible from the street or any neighboring lot.
22. No animals shall be kept on any lot except domestic
cats and dogs. Keeping of these animals will be in accordance with county
ordinances.
23. 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. Except by
specific approval by the Architectural Control committee, fences, walls and
patios must adhere to at least the normal set back requirements.
24. 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.
25. 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
materials.
26. All clotheslines, antenna receiver discs, basketball
backboards, equipment, garbage cans, service yards, woodpiles or storage piles
shall be kept screened by adequate planting or fencing so as to conceal them
from view of neighborhood residential units and streets. All clotheslines shall
be confined from view in any direction. Antenna Receiver Discs must have
specific approval by the Architectural Control Committee.
27. Without specific consent from the Architectural
Control Committee no antenna larger than a normal T.V. type antenna of 5 feet
or less in height shall be maintained on the roof or any other location on any
property.
28. No un-shaded flood lights shall be maintained which
cause light to shine directly into the home of any other resident in the
Subdivision.
29. In the event that any structure is destroyed, wholly
or partially by fire or any casualty, such structure shall be promptly rebuilt
or repaired to conform to this Declaration or shall be removed from the lot.
30. In the event any owner fails to remove debris or
unsightly material, the Grantor may remove said debris or unsightly material
and charge the cost of removal, including reasonable overhead charge, against
the owner together with interest. If such charge is not paid to the Grantor
within 30 days after written notice to the owner demanding payment, the
assessment shall bear interest from the date of said notice at the rate of 15%
per annum, and the Grantor may bring an action at law against the owner
obligated to pay the same. Such charges shall become a lien against the lot or
tract concerned upon the recording of a notice of lien and said lien may be
foreclosed by the Grantor against the property, the same as any mechanic's
lien, and interest costs and reasonable attorney's fees of any such action
shall be added to the amount of such lien. Said notice of lien shall state the
amount which has become due, a description of the property and the name of the
owner or reputed owner of such property. Such notice shall be executed by the
Grantor, or its agent, and acknowledged. Upon the satisfaction of said lien,
the Grantor or its agent shall issue a further notice similarly signed and
acknowledged, stating that said lien has been satisfied and releasing the same.
Each owner, of any lot or tract by his acceptance of a conveyance of said lot
or tract hereby vests in the Grantor, its agents or assigns, the right and
power to bring all actions against such owner personally for the collection of
all charges provided for in this Declaration of Restrictions, and to enforce
any such lien by all means available for the enforcement of such liens,
including foreclosure in like manner as a mechanic's lien, a Mortgage or Deed
of Trust Lien on said property. The Grantor, its agents or assigns shall have
the power to bid in any interest foreclosed at foreclosure sale. Said lien
shall be subordinate to the lien or charge of any prior Mortgage or Deed of
Trust for value of said property.
31. 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 recorded in Bernalillo County, New Mexico, and whatever the Grantor is
hereby referred to, such reference shall be deemed to include its successors
and assigns.
No delays 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, ore acquiescence therein; and no right
of action shall accrue, nor shall any action be brought or maintained by anyone
whatsoever against the undersigned, its successors or assigns, for or on
account of failure or neglect to exercise any right, power or remedy herein
provided for in the event of breach of said covenants, restrictions or
reservations.