KNOW
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 2010 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 SANDIA HEIGHTS SOUTH, UNIT 19
Subdivision.
Section 1: "The property" shall mean and refer to that
certain real property above being Sandia Heights South, Unit 19, 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: "Multifamily 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 multi-family 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 in total height, or any structure or sign (except for rent or for
sale signs, less than 5 square feet in area) an 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 an the lot, including drainage plans for any earth work on
multifamily tracts, and drawings of any signs in excess of five square feet in
diameter.
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 of 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 $100.00 for single family
units or $500.00 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
Committeešs 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, 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 Sandia Heights South, Unit 19. 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 Sandia Heights South, Unit 19, 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) ninths 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 an 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 elm, 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 Tramway Blvd., N. E., other than those as shown an the plat
of the property. No utilities on lots or tracts within the property shall be
installed or maintained above ground, except during construction. All rights to
water, oil and natural gas underlying the property are reserved to the Grantor.
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 landscaped 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 m
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 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 an 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, livestock, 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 Sandia Heights South,
Unit 19, 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, 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.
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: Special Easement for
Construction and Maintenance. Certain
residential structures in SANDIA HEIGHTS SOUTH, UNIT 19, 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.
Section 11: 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 12: 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 13: No unshaded flood lights shall be maintained which
cause light to shine directly into the living units of any other residents on
the property.
Section 14: Within the area of Sandia Heights South, Unit 19 is a
particular "Open Space Easement". This area is to be used and
maintained as a natural greenbelt with plantings of native grass and trees. ABSOLUTELY
no other uses will be permitted in this area.
Section 1: If and when the property of Sandia Heights South,
Unit 19, 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 system 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 to 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 to 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 saw, 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 ready 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 affect.
Signatures
on file in the SHHA office.