14684 DECLARATION OF RESTRICTIONS 960
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 pass with each and every parcel
thereof and shall apply 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 South 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 South Development or
Subdivision (including any owners of commercial property therein) 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.
Lots numbered One
(1) to One Hundred Two (102), inclusive, Sandia Heights South, 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.
6.
An Architectural Control 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 construction, remodeling addition to, or
alteration of any building, swimming pool, wall, fence, coping, tank, visible
air conditioner, radio antenna more than 5 feet above a building, or other
structure whatsoever, on any lot, there shall be submitted to the Grantor for
transmittal to the Architectural Control Committee two complete sets of the
plans and specifications for said work and no such 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 of the lot or property of the wall, fence, coping, or other
structure 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.
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 Grantor shall approve or
disapprove said plans and specifications within thirty days from the receipt
thereof. One set of said plans and
specifications with the approval or disapproval endorsed thereon shall be returned
to the owner and the other copy thereof shall be retained by the Grantor.
The Grantor 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 Grantor
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 South. The decision of the Grantor 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 South without the prior
written consent of the Grantor.
The Grantor shall not be responsible in any manner
whatsoever for any defect in any plans or specifications submitted nor be
revised by said 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
1,500 square feet of ground floor
area.
9. No trade or offensive activity of any kind shall be carried
on upon any residential lot, nor shall anything be done on any lot which shall
constitute an annoyance or nuisance to the neighborhood.
No trash shall be burned on the premises except in
approved incinerators located indoors or within service yard. No garbage shall be burned. Garbage shall be placed in covered containers,
said containers to be concealed from public view by an attractive
enclosure. No barbecue or other outdoor
cooking facility shall be located thereon nearer than ten feet from either side
of lot line unless made a part of the residence.
10. No house trailer shall be parked on any residential lot, nor shall
any trailer, basement, tent, shack, garage or other outbuilding be used as a
residence, temporarily or permanently.
11. The exterior of all buildings on residential 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 residential 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 residential lots.
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
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.
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 vacant residential
lots to keep said lots clear of trash, rubbish or noxious material.
20. No unshaded 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 of Sandia Heights South 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.
Signatures on file in the SHHA office.