KNOW ALL MEN BY THESE PRESENTS: That SANDIA
PEAK TRAM COMPANY, a New Mexico corporation, hereinafter called Grantor, being
the owner of TRAMWAY TERRACE, 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 the 2nd day of April, 1981, 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 tracts,
lots and portions of lots in said subdivision shall be sold and conveyed.
All the covenants, 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 the benefit of and bind all subsequent owners
thereof.
These covenants are to run with the land and
shall be binding on all parties and all persons claiming under them until the
year 2000 A.D. Said covenants shall be automatically extended thereafter for
successive periods of ten (10) years except that at any time these covenants
may be amended, but only by the affirmative consent of the record owners of
three-quarters (3/4) of the total acreage in TRAMWAY TERRACE.
Section 1: "The property" shall mean and refer to that
certain real property described above being Tramway Terrace, according to the
plat thereof filed in the Office of the
Section 2: "Single family residential lot" shall mean
a residential lot in a tract zoned for and restricted to one single family
dwelling and buildings related thereto per lot.
Section 3: "Multi-family residential tract" shall mean
a tract zoned for and restricted to apartments, town houses, patio homes,
garden homes, condominiums or similar dwellings and used for such purposes,
under single or multi-ownership.
Section 4: "Owner" shall mean and refer to the record
owner whether one or more persons or entities, or a fee simple title to any lot
or tract which is part of the property, and contract buyers, but excluding
those having such interest merely as security for the performance of an
obligation.
Section 5: "Grantor" shall mean and refer to Sandia
Peak Tram Company, its successors and assigns.
Section 6: "Common area" shall mean any real property
owned by any association of property owners for the common use and enjoyment of
two or more lot or tract owners within the exterior boundaries of the property.
Section 1: Single family
residential lots. No structures shall
be erected, altered, placed or permitted to remain on any single family
residential lot other than one single family dwelling and buildings related
thereto, except that this provision shall not prevent the combination of two
adjoining lots for one such dwelling.
Section 2: Multi-family residential
tracts. No structure shall be
erected, altered, placed or permitted to remain on any multifamily residential
tract other than an apartment, town house, patio home, garden home, condominium
or similar living unit with appurtenant recreational and service facilities if
any.
Section 1: Architectural
Control Committee. An Architectural
Control Committee, hereinafter called the Committee, is hereby established
consisting of Ben L. Abruzzo, Max Flatow and Robert Murphy as the appointees of
the Grantor, to serve for a period of 10 years from the date hereof and until
their successors shall be appointed and qualified. Vacancies occurring either
before the end of or as a result of the expiration of such 10 year term shall
be filled by members of the Committee, provided that within 30 days of any
appointment owners of a majority of acreage in the property may select other
appointees in their stead.
Section 2: Before anyone shall commence the construction,
remodeling, addition to, or alteration of any building, swimming pool, wall,
fence, coping, tank, visible air conditioning unit, radio antenna more than
five feet above a building, or any structure or sign (except for rent or for
sale signs, less than 5 square feet in area) on any lot or tract, there shall
be submitted to the Grantor for transmittal to the Architectural Control
Committee:
a. Preliminary floor plans, elevations, and locations of
any structure on the lot, including drainage plans for any earth work on
multi-family tracts, and drawings of any signs in excess of five square feet in
diameter.
b. After approval of preliminary plans, two complete sets
of the final plans and specifications for said work.
Section 3: No structure or improvement of any kind shall be
erected, altered, placed or maintained upon any lot or shall any earth work be
commenced 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 or property of the
building, wall, fence, coping, sign or other structure proposed to be
constructed, placed, altered or maintained, and elevation of same, together with
proposed color scheme for roofs and exteriors of any structure, indicating the
materials for the same.
Section 4: No signs shall be erected or maintained on any place
within the property limits except as specifically approved by the Architectural
Control Committee.
Section 5: The Architectural Control Committee is authorized to
charge not more than $100.00 for review of plans for structures and alterations
of single family units and not more than $500.00 for review plans for
structures and alterations of multi-family units or complexes. 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 fee of $50.00 for single family
units or $100.00 for multi-family or commercial units. The Committee shall
approve or disapprove said plans and specifications within thirty (30) 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 copy thereof shall be retained by the Grantor.
The Committee shall have the right to
disapprove any plans, specifications or details submitted as aforesaid, in the
event such plans and specifications are not in accord with all provisions of
this declaration, or a design or color scheme in the proposed structure is not
in harmony with the general surroundings of such lot or tract or adjacent
structure, or if the structure shall unduly interfere with the view from nearby
residences, apartments or other multi-family residences, or if the plans and
specifications submitted are incomplete, or if the Committee deems that plans
and specifications are contrary to the spirit and intent of these restrictive
covenants, or contrary to the interest and welfare and rights of all or any
part of the owners of lots or tracts in Tramway Terrace. The decision of the
Committee in any of these matters shall be final. No building or improvement of
any kind shall be constructed or placed on any tract or lot in Tramway Terrace,
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 or as revised by said Committee or the Grantor,
or for any work done pursuant to the requested changes or any plans and
specifications.
Section 6: The exterior of all buildings on all lots and tracts
shall be completed according to plans approved by the Architectural Control
Committee within twelve (12) months of start of construction, except where
extensions of time are requested and granted by the Architectural Control
Committee or the Grantor.
Section 1: Drainage. On single family residential lots each dwelling shall
be developed in such a manner as to comply with the standards of the
Albuquerque Metropolitan Arroyo Flood Control Authority or its successor then in
force. Multi-family complexes shall be developed to provide on-site retention
of storm water according to Albuquerque Metropolitan Arroyo Flood Control
Authority Standards.
Section 2: Height. Except by specific approval of the Architectural
Control Committee, no structure on single family or multi-family residential
lots 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.
Section 3: Conservation. Natural vegetation shall be left undisturbed where
practical on all tracts and lots except as required for access to property,
clearing of building sites and establishment of landscaping adjacent to
buildings. No chinese elms, cotton bearing cottonwood trees, or bermuda grass
shall be maintained on any lot or tract. No grouping of trees shall be planted
to constitute a screen except as specifically approved by the Architectural
Control Committee.
Section 4: Roads and Utilities. Access roads and utility easements are dedicated and
reserved as shown on the recorded plat of the property. No additional access
roads or driveways, either public or private shall be constructed directly from
any lot or tract to
Section 5: Each living unit complex structure on the property
shall be provided with a method of sewage disposal consistent with the master
plan of sewage disposal for the property and otherwise meeting the recommended
standards of the appropriate governmental authority and approved by the
Architectural Control Committee. Garbage and waste shall be kept in covered
metal containers, screened from general view, and stored or disposed of in a
manner approved by the appropriate governmental authority. Outdoor privies are
prohibited except during construction.
Section 6: Butane and similar tanks shall conform to appropriate
municipal or state regulations and must be screened and located so as not to
detract from the appearance of any lot or tract.
Section 7: No wire fence, or party wall shall be maintained on
the property, except by Grantor on subdivision boundaries, and except for party
walls maintained between living units in multi-family complexes as approved by
the Architectural Control Committee.
Section 8: 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. In
the event any owner fails to remove the debris or unsightly material, the
Grantor may remove said debris or unsightly material and charge the cost
thereof including reasonable overhead charge against the owner thereof together
with interest. If such charge is not repaid 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 10% 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 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 delinquent including attorney's fees
and interest accrued thereon, a description of the property in respect to which
the delinquent amount is owing and the name of the record 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 record a further notice similarly signed and acknowledged satisfying said
lien and releasing the same. Each owner of any lot or tract by his acceptance
of a conveyance to 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 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 as
provided by law in the foreclosure of Mortgage liens. Said lien shall be
subordinate to the lien or charge of any prior Mortgage or Deed of Trust for
value on said property.
Section 1: No trade or offensive activity of any kind shall be
carried on upon any residential lot or tract nor shall anything be done on any
lot or tract which shall constitute an annoyance or nuisance to other owners
and the property.
Section 2: No trash shall be burned on the premises except in
approved incinerators located indoors or within the service yard. No garbage
shall be burned. No barbecue or other outdoor cooking facility shall be located
thereon nearer than 5 feet from either side of the lot line unless made a part
of the building structure.
Section 3: No house trailer, recreational vehicle, camper
trailer, camper, or boat shall be on any lot, nor shall any trailer, basement,
tent, shack, garage or other out building be used as a residence temporarily or
permanently.
Section 4: No commercial type vehicles, trucks, campers, boats,
recreational vehicles or camper trailers shall be stored or parked on any
residential lot or tract for an unreasonable period of time (15 consecutive 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
as 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 charge shall become a lien upon the
recording of a notice of lien and shall be enforceable as provided in Article
IV, Section 8.
Section 5: No animals, live stock, poultry of any kind shall be
raised, bred or kept on any of said lots or tracts except that dogs, cats or
other household pets may be kept provided that they are not kept, bred or
maintained for any commercial purposes. Grantor reserves the right to publish
and record regulations, binding upon all owners, for reasonable restraint of
animals running loose within the property boundaries.
Section 6: No advertising signs (except one of not more than 5
square feet "For Rent" or "For Sale" sign per lot or
tract), billboards, unsightly objects or nuisances shall be erected, placed or
permitted to remain on any portion of said property, nor shall said property be
used in any way for any purposes which may endanger the health or unreasonably
disturb the owner of any tract within the boundary of Tramway Terrace, provided
however that the foregoing covenant shall not apply to the business activities,
signs and billboards or the construction and maintenance of buildings, if any,
of Grantor, its agents or any purchaser from the Grantor, during the
construction, sale or lease of any apartments, town houses or complex of living
units provided however that such advertising signs shall be subject to the
reasonable control of the Architectural Control Committee and the privilege of
displaying such signs shall terminate upon completion of construction and sale
or lease of 90% of the living units in any town house, patio home, garden home
or apartment complex.
Section 7: All clotheslines, 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.
Section 8: No refuse piles or other unsightly objects or
materials shall be allowed to be placed or remain upon any lot or tract on the
property. The Grantor or the Architectural Control Committee or their agents
shall have the right to enter upon said lands and remove such refuse piles or
other unsightly objects or materials at the expense of the owner (and such
entries shall not be deemed as trespass) upon due notice to lot owner and
failure of owner to comply. The cost of removal of such refuse piles or other
unsightly objects shall be charged by the Grantor against the owner and upon
failure of the owner to repay the Grantor for such charges, the charges shall
bear interest from the date of said notice at the rate of 10% per annum and the
Grantor may enforce payment thereof and said charges shall become a lien
against the premises upon recording of a notice of lien as provided in Article
IV, Section 8 above.
Section 9: All utilities, driveways and structures constructed
within any tract or lot boundary shall be maintained and kept in repair by the
owner thereof. No owner shall do any act nor any work that will impair any
utility easement or do any act or allow any condition to exist that will adversely
affect owners of other lots or tracts.
Section 10: Easements for underground electrical, telephone and
water service may be crossed by driveways and walkways provided the owner or
builder makes prior arrangements with the utility company furnishing such
service. Such easements for underground service shall be kept clear of all
other improvements including buildings, patios or other paving, other than
crossing walkways or driveways and neither Grantor nor any utility company
using the easements shall be liable for any damage done by either of them or
their assigns, agents, employees or servants to shrubbery, trees, flowers or
other improvements of any owner located on the land covered by the easement.
Section 11: No single family residential lot may be further
subdivided nor may any portion of any single family residential lot be sold
except to adjacent property owners for the purpose of increasing the size of
adjacent lots. No room or rooms in any single family residence may be rented or
leased to any person provided 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.
Section 12: No un-shaded flood lights shall be maintained which
cause light to shine directly into the living units of any other residents on
the property.
Section 1: If and when the property of Tramway Terrace meets the
statutory annexation requirements enabling annexation of the property to the
City of
Section 2: At such time of annexation, if ever, all property
owners may be required to pay their proportionate share of bringing the water
and sewer systems servicing the property into compliance with all applicable
standards imposed by the appropriate governmental authorities.
Any part or all of the right,
title, and interest in the estate reserved by the Grantor herein or owned by
the Grantor 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
whenever the Grantor is hereby referred co such reference shall be deemed to
include its successors and assigns.
If the parties hereto or any
of them or their heirs, executors administrators, successors, or assigns shall
violate or attempt co violate any of the covenants herein provided, any other
person or persons owning any lot or tract on said property, or the Grantor,
shall have the right to prosecute any action in the proper court to enjoin such
party of violating such covenant or to recover such damages for such violation
or both.
No delay or omission on the part of the
Grantor its successors or assigns or the owners of other lots within the
property, having a 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 or
shall any action be brought or maintained by anyone whatsoever against the
Grantor, 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 any of these covenants, restrictions or reservations.
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.
WITNESS the hand and seal of the undersigned
this 29th day of April, 1981.
Signatures
on file in the SHHA office.
KNOW ALL MEN BY THESE
PRESENTS:
SANDIA PEAK TRAM COMPANY, being the owner of
more than three-fourths (3/4) of the total acreage in TRAMWAY TERRACE as of the
date of this Amendment, does hereby amend the Declaration of Restrictions dated
April 29, 1981, and filed of record on April 30, 1981, as Document No. 81
22497, in Book Misc 847, at Pages 777-784, records of the County Clerk of
Bernalillo County, New Mexico, does hereby amend said Declaration of
Restrictions in the following respects:
There is added to Article V the following
Section 9-A:
Section 9-A: Special Easement for
Construction and Maintenance. Certain
residential structures in TRAMWAY TERRACE are constructed close to the next lot
line. There is hereby established an easement approximately five (5) feet in
width running parallel to each such wall located close to or adjacent to the
lot line, upon each adjacent lot, for the purpose of construction and
maintenance of walls and buildings so located. The owner of the residence
containing such a wall shall have the right at all reasonable times to enter
such portion of the adjacent lot as is reasonably necessary for the purpose of
repairing, maintaining or restoring the exterior walls; provided, however, that
such access shall be permitted only at reasonable times during daylight hours,
and with the prior knowledge of the owner of the adjacent lot.
The owner of such adjacent lot shall avoid
any action which shall in any way damage the wall located close to or adjacent
to his lot line and shall refrain from attaching any objects to such walls such
as wires, trellises and plantings, defacing the wall in any manner, placing
graphics or other design work, whether painted or otherwise, on such wall, or
using the wall as a playing surface for sport.
The owner of the residence containing such
wall shall similarly be prohibited from attaching anything to such wall or from
altering it in any way other than painting the wall in such manner as shall be
approved by the Architectural Control Committee and, in addition, shall take no
other action except as specifically contemplated herein in connection with such
wall which shall interfere with the owner of the adjacent lot.
This Amendment shall modify the Declaration
of Restrictions only to the extent stated herein and the remainder of the
Declaration shall be unchanged by this Amendment and the provisions thereof
shall remain in full force and effect.
WITNESS its hand this 26th day of August,
1982.
Signatures on file in the SHHA
office.