DECLARATION
OF RESTRICTIONS
952
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 II 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 II
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.
All lots in Sandia Heights South Unit II 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 Unit II. 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
Unit II 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 2,000 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 out-building 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. No exposed roof mounted heating or
air-conditioning equipment shall be permitted. Except where special approval of
the Architectural Control Committee is obtained no white roofs shall be
permitted.
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 Unit
II 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 at the SHHA office.