KNOW
That
SANDIA
Lots numbered 2001
through 2039, inclusive, of SANDIA HEIGHTS SOUTH, UNIT 20, as the same
is shown and designated on the plat thereof filed in the office of the County
Clerk of Bernalillo County, New Mexico, on
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 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 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 them until the year 2010 A.D., at which time said covenants
shall be automatically extended for successive periods of ten (10) years. These
covenants may be amended at any time by the affirmative vote of the then record
owners of three-fourths (75%) of the residential lots in said Sandia Heights
South, Unit 20.
2.
If the parties
hereto, or any of them, or their grantees, successors-in-interest or assigns,
shall violate or attempt to violate any of the covenants herein provided,
Grantor or any person or persons owning any real property in said Sandia
Heights South, Unit 20, 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 20, are hereby designated residential lots. No
structures shall be erected, altered, placed or permitted to remain on any lot
other than single-family dwellings, townhouses, condominium units, and
buildings related thereto, except that this provision shall not prevent the
combination of adjoining lots for one such dwelling; however, in no event shall
any lot be further subdivided. The Grantor may dedicate one or more lots, or
any portion thereof, as a park.
5.
EXCEPT BY
SPECIFIC APPROVAL OF THE ARCHITECTURAL CONTROL COMMITTEE, NO RESIDENCE SHALL BE
A FULL TWO-STORY STRUCTURE, NOR MAY THE SECOND STORY, IF THE RESIDENCE IS A SPLIT-LEVEL
BUILDING, CONTAIN MORE THAN 33% OF THE TOTAL HEATED AREA OF THE ENTIRE
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 M. Murphy, Louis Abruzzo and Max Flatow as
the appointees, to serve for a period of ten (10) 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 10-year term
shall be filled by appointment of a successor by the members of the Committee,
provided that within thirty (30) 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, ANTENNA, OR OTHER STRUCTURE
WHATSOEVER, ON ANY LOT, PLANS 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; and
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 materials for
same.
8.
Any visible
heating or air conditioning equipment shall be thoroughly screened. No
unscreened roof-mounted heating and air conditioning equipment will be
approved. 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
detract from 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.
9.
The Architectural
Control Committee WILL NOT APPROVE the following:
a.
WHITE ROOFING
MATERIAL.
b.
TRANSLUCENT OR
TRANSPARENT GARAGE DOORS.
c.
CHOICE OF
EXTERIOR COLORS WHICH DO NOT BLEND INTO THE NATURAL TERRAIN.
d.
OUTSIDE
CLOTHESLINES WHICH ARE VISIBLE FROM ANY DIRECTION.
e.
VISIBLE BUTANE
TANKS - ALL TANKS MUST BE BURIED.
f.
BRICK OR BRICK
VENEER EXTERIOR.
10.
The Architectural
Control Committee is authorized to charge not more than $250.00 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 pay said fee in advance
to the Grantor. 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 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 au or any part of Sandia Heights South, Unit 20.
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 20, without the prior consent of the Committee.
Neither the Committee, its members, nor 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.
11.
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.
12.
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.
13.
No trailer, tent,
shack, garage or other outbuilding shall be used as a residence, temporarily or
permanently.
14.
No commercial
type vehicles, trucks, campers, boats, house trailers, mobile homes,
recreational vehicles, or camper trailers shall be visibly parked or stored on
any residential lot or tract for an unreasonable period of time (15 consecutive
days or 30 nonconsecutive 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 pickup 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 30 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 charges shall become a lien upon the
recording of a notice of lien and shall be enforceable.
15.
The exterior of
all buildings on all lots shall be finished according to plans approved by the
Architectural Control Committee within twelve (12) months of start of
construction.
16.
Each residence
shall be provided with a method of sewage disposal meeting the recommended
standards of the Environmental Impact Division of the State of New Mexico and
approved by the Architectural Control Committee. Garbage and waste shall be
kept in covered metal containers.
17.
No Chinese elms,
cotton-bearing cottonwood trees or Bermuda grass shall be maintained on any
lot. No lawns shall be more than 500 square feet in an enclosed area on any
lot. Natural vegetation is to be restored to its original state whenever and
wherever possible within 180 days of the completion of construction of the
house located on any lot.
18.
Without specific
approval of the Architectural Control Committee, no grouping of trees shall be
planted to constitute a screen. Each dwelling shall be developed in such a
manner as to comply with the standards of the Albuquerque Metropolitan Flood
Control Authority or its successor then in force. Public agencies and Grantor
or its designee shall have the right to enter upon all drainage easements for
construction and maintenance of drainage facilities.
19.
Access roads and
utility easements are dedicated and reserved as shown on the Plat of the
subdivision. All rights to minerals, water, oil and natural gas underlying the
property are reserved to the Grantor.
20.
Butane tanks must
conform to state regulations and must be screened and located so as not to
detract from the appearance of any lot and not be visible from the street or
any neighboring lot.
21.
No animals shall
be kept on any lot except domestic cats and dogs. Keeping of these animals will
be in accordance with County ordinances.
22.
No wire fences
shall be maintained in the residential area of the subdivision, except by
Grantor, on subdivision boundaries. Fences, walls and patios must adhere to
approval by the Architectural Control Committee. No signs of more than five (5)
square feet shall be maintained within the subdivision after completion of the
original development and sale of the dwelling units unless specifically
approved by the Architectural Control Committee. All signs, other than a
typical "for sale" or "for rent" sign, must be approved by
the Architectural Control Committee.
23.
No lot may be
further 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.
24.
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.
25.
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.
Antenna Radio Discs must have specific approval by the Architectural Control
Committee.
26.
No unshaded flood
lights shall be maintained which cause light to shine directly into the home of
any other resident in the subdivision.
27.
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.
28.
In the event any
owner fails to remove debris or unsightly material, the Grantor may remove said
debris or unsightly material and charge the cost of removal, including
reasonable overhead charge, against the owner together with interest. If such
charge is not paid to the Grantor within thirty (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 fifteen percent (15%) 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, the same as any mechanic's lien, and interest costs and
reasonable attorney 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 due, a
description of the property and the name of the owner or reputed 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 issue a
further notice similarly signed and acknowledged, stating that said lien has
been satisfied and releasing the same. Each owner of any lot or tract by his
acceptance of a conveyance of 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 mechanic's lien, 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. Said lien shall be subordinate to the lien or
charge of any prior mortgage or deed of trust for value on said property.
29.
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 Recorder of Bernalillo County, New
Mexico, and whatever the Grantor is hereby referred to, such reference shall be
deemed to include its successors and assigns.
30.
Roads and
Utilities. Access roads and
utility easements are dedicated and reserved as 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. or
Tennyson Road, other than those as shown on the plat of the property. No
utilities on lots or tracts within the property shall be installed or maintained
above ground, except during construction.
31.
Special
Easement for Construction and Maintenance. Certain residential structures in SANDIA HEIGHTS SOUTH, UNIT 20 are
constructed close to the next lot line. There is hereby established an easement
approximately five feet (5’) in width running parallel to each such wall
located 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 wall 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.
32.
If and when the
property of SANDIA HEIGHTS SOUTH, UNIT 20, meets the statutory annexation requirements
enabling annexation of the property to the City of Albuquerque, such property
shall, at the option of the City, be so annexed and become a part of the City.
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.
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 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 for in the event of
breach of said covenants, restrictions or reservations.
Note:
Signature pages are located in the SHHA office.
FIRST AMENDMENT TO THE
DECLARATION OF RESTRICTIONS
Book BK-103, Page 7429, Document
# 2005137818
SANDIA HEIGHTS SOUTH UNIT 20 SUBDIVISION
BERNALILLO COUNTY, NEW
MEXICO
THIS FIRST AMENDMENT to the DECLARATION OF RESTRICTIONS, SANDIA HEIGHTS
SOUTH, UNIT 20 SUBDIVISION is entered into, by and between the record owners of
the land comprising at least seventy-five percent (75%) of the parcels of land
in SANDIA HEIGHTS SOUTH UNIT 20 SUBDIVISION.
WHEREAS,
SANDIA HEIGHTS SOUTH UNIT 20 is more particularly described on the plat of said
subdivision as such plat was filed with the County Clerk of Bernalillo County
on April 10, 1985, at Book C26, at Folio 188: and
WHEREAS, the
Declaration of Restrictions of SANDIA HEIGHTS SOUTH UNIT 20 was filed with the
County Clerk of Bernalillo County on May 1, 1985, Book MS 224A, at Pages
904-908, and
WHEARAS, best
efforts were used to notify all thirty-eight (38) residences in person or by
other means (telephone or electronic mail) to obtain a signature.
WHEREAS, at
least seventy-five percent (75%) of the current record owners of the
residential lot in SANDIA HEIGHTS SOUTH UNIT 20 SUBDIVISION desire to add item
g to paragraph 9 of the Declaration of Restrictions filed on April 10, 1985, by
allowing additions which do not violate the intent of the original Declaration
of Restrictions; and
WHEREAS, the
record owners of at least seventy-five (75%) of the residential lots in SANDIA
HEIGHTS SOUTH UNIT 20 SUBDIVISION have executed a written instrument and voted
to amend the Declaration of Restrictions of said SANDIA HEIGHTS SOUTH UNIT 20
SUBDIVISION, as shown by the signatures on the amendment petition, attached
hereto as Exhibit A, and which is on file at the office of the Sandia Heights
Homeowners Association, Inc.:
NOW, THERFORE, BE IT RESOLVED that the Declaration of Restrictions of SANDIA
HEIGHTS SOUTH UNIT 20 SUBDIVISION is hereby amended as follows:
Paragraph 9g shall read:
“9g. ROOFTOP DECKS, OR ROOFTOP DECK ADDITIONS TO
EXISTING HOUSES, EXCEPT THAT APPROVAL OF A VARIANCE FOR ANY ADDITION SHALL BE
BASED UPON MEETING THE FOLLOWING REQUIREMENTS.
(1) does
not extend beyond the current roof line in height; (2) cannot be seen from the
street on which the house faces; (3) is not really seen by nearby residences,
(4) does not affect the existing views that nearby residences have, (5) does
not invade the privacy of adjacent neighbors; (6) does not encroach on the
existing minimum distance between any other part of the applicant’s structure
and the lot lines, both side and rear.”
All provision of the above
noted Declaration of Restrictions not specifically changed or modified herein
shall remain in force and effect.
Note:
Signature pages are located in the SHHA office.