KNOW
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 the-n 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 17 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 17 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 South Unit 17 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
adjoining lots for one such dwelling. 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. A TWO
STORY STRUCTURE IS DEFINED AS
6.
An Architectural
Control Committee (hereinafter called the Committee) is hereby established
consisting of Robert M. Murphy, 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 the 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 POOL, WALL, FENCE, TANK, OR OTHER STRUCTURE WHATSOEVER, ON
ANY LOT, THEY SHALL BE SUBMITTED TO THE GRANTOR FOR TRANSMITTAL TO THE
ARCHITECTURAL CONTROL COMMITTEE:
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
material 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 b 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 SHALL BE
SCREENED. NO ROOF MOUNTED HEATING AND AIR CONDITIONING EQUIPMENT WILL BE
APPROVED
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
structures 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 $50.00. 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 Committee deems said plans and
specifications to be 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 17. 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 17 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.
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, boat, mobile home or recreational
vehicle shall be parked or stored 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.
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 lawns of more than 500 square feet. Natural
vegetation is to be restored to its original state whenever possible.
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 in the
recorded plat of the property. Natural drainage channels shall not change by
any construction. 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 arc 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 any lot 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. Fences,
walls and patios must adhere to the normal set back requirements.
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 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 wherever 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 or 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 or in the event of breach of any said covenants, restrictions or
reservations.
Signatures
on file in the SHHA office.