5309 DECLARATION OF RESTRICTIONS 563
IN
KNOW BY ALL MEN THESE PRESENTS: That SANDIA PEAK
TRAM COMPANY, a New Mexico corporation, hereinafter called Grantor being the
owner of SANDIA HEIGHTS SOUTH, UNIT 11, a subdivision in Bernalillo County, New
Mexico, in accordance with the Plat thereof filed in the office of the County
Clerk of said County on February 12, 1975, hereby declares that it has
established, and does hereby establish a general plan for the improvement,
development and restriction of the said property, subject to which all lots and portions of 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 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-Unit 11 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-Unit 11 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 South Unit 11 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 Architectural Control Committee, no residence shall be a full two story structure. A two-story structure is defined as one which is two full stories above the natural grade of the lot on all sides.
6.
An Architectural Control Committee (hereinafter 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 construction, remodeling addition to, or
alteration of any building, swimming pool, wall, fence, tank, or other
structure whatsoever, on any lot, there shall be submitted to the Grantor for
transmittal to the Architectural Control Committee.
(a)
preliminary floor plans, elevations and location the structure on the
lot:
(b)
after approval of the 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 to
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 CONTITIONING 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 CLOTHER 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 nearby 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 South Unit 11. 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 South Unit 11 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
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. 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
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 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 water
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 on 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 located so as not to detract from the appearance
of any lot.
16.
No animals shall be kept on any
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 materials.
20.
No un-shaded flood lights shall be maintained which cause 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 Unit 9
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.