KNOW ALL MEN BY THESE PRESENTS:
That CENTEX HOMES, hereinafter called
Grantor, being the owner of the following described property situate in
Lots numbered 2100 through 2186, inclusive,
SANDIA HEIGHTS SOUTH, UNIT 21, 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 the 21st day of May, 1993;
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 or 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 and bind all subsequent owners thereof; said
covenants, restrictions and reservations being as follows:
1.
These covenants,
reservations and restrictions are to run with the land and shall be binding on
all parties and all persons claiming under them until the year 2015 A.D., at
which time said covenants, reservations and restrictions shall be automatically
extended for successive periods of ten (10) years. These covenants,
reservations and restrictions may be amended at any time by recorded written
instrument, executed and acknowledged by the then record owners of not less
than two-thirds (66%) of the residential lots in said Sandia Heights South,
Unit 21.
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, reservations and
restrictions herein provided, Grantor, the Architectural Control Committee
(hereinafter called the "Committee") any person or persons owning any
real property in said Sandia Heights South, Unit 21, on behalf of such owners
shall have the right to enforce by proceeding, at law or in equity, for damages
or for injunction or both, all restrictions, covenants, conditions, rights and
duties imposed, allowed or granted by the provisions of this Declaration. In
any such proceedings, the prevailing parties shall be entitled to recover cost
and expenses, including reasonable attorney's fees.
3.
Invalidation of
any of these covenants and restriction shall in no way affect the validity of
the other provisions, which remain in full force and effect.
4.
All lots in
Sandia Heights South, Unit 21, are hereby designated as residential lots. No
structures shall be erected, altered, placed or permitted to remain on any lot
other than one single-family dwelling 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 NEIGHBORHOOD
WILL BE RESTRICTED TO A MAXIMUM OF 75%
NO HOUSE SHALL BE
LOCATED ON ANY LOT IN SUCH A MANNER AS TO VIOLATE THE BERNALILLO COUNTY
APPROVED SITE DEVELOPMENT PLAN FOR TRACT 3A, SANDIA HEIGHTS SOUTH, UNIT 21. THE
SETBACKS
5.
A Committee is
hereby established, consisting of Lynn M. Johnson, Steve Lassiter and Tim
Woodruff as the appointees, to serve for a period of ten (10) years from the
date hereof or 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 appointment of a successor by the members of the
Committee. Within thirty (30) days of any appointment, owners of a majority of
the residential lots may select other appointees in their stead.
6.
BEFORE ANYONE
SHALL COMMENCE THE CONSTRUCTION, INCLUDING WITHOUT LIMITATION, SITE
PREPARATION, CLEARING OF NATURAL VEGETATION OR EXCAVATION, INSTALLATION,
REMODELING, OR ALTERATION OF ANY BUILDING, SWIMMING POOL, WALL, FENCE, TANK,
ANTENNA, SATELLITE RECEIVER DISH, OR OTHER STRUCTURE WHATSOEVER, ON ANY LOT,
PLANS SHALL BE SUBMITTED TO THE COMMITTEE THAT INCLUDE THE REQUIREMENTS LISTED
IN (a) AND (b); PROVIDED HOWEVER, THAT THE FOLLOWING REQUIREMENTS SHALL NOT BE
THE SOLE BASIS FOR CONSIDERATION BY THE COMMITTEE [SEE ITEMS NUMBERED SEVEN
(7), EIGHT (8) AND NINE (9) OF THIS DECLARATION]:
a. Plot plans showing the location on the lot of any
structures proposed to be constructed, placed, altered, or maintained; floor
plans and elevations; finished grades different from the existing grades on the
lot; proposed colors, including color schemes for roofs and all exteriors
indicating materials for same.
b.
Two complete sets
of the final plans and specifications for said work.
No construction, structure or
improvement shall commence or shall be erected, altered, placed or maintained
upon any lot unless the final plans, elevations and specifications therefore
have received such written approval as herein provided. All construction,
improvements installations, remodeling, or alterations shall comply strictly
with the approved plans and any terms and conditions imposed by the Committee
in its written approval. Once approved, no construction, structure, or
improvement may vary from the approved plan without further written approval of
the Committee. Any person purchasing any portion of the property subject to
this Declaration acknowledges that the breach or violation of this covenant is
likely to result in irreparable harm to the rights and interests of other
owners in the subdivision and that the Grantor or the Committee, on behalf of
such owners, shall be entitled to injunctive relief, temporary or permanent in
order to prohibit such violation; provided, however, that this provision shall
be in addition to any other remedies available hereunder or at law or equity.
7.
The Committee is
authorized to charge not more than $250.00 for review of plans. At the time of
submission of the plans and specifications as set forth herein, the owner shall
pay said fee in advance. The Committee shall provide full approval, conditional
approval, or disapproval of said plans and specifications in writing within
thirty (30) days from the receipt thereof. All conditions of approval and
variances shall be confirmed in writing. 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 Committee. Should the Committee fail either to approve or disapprove any
plans or specifications submitted to it within thirty (30) day period, failure
to do so shall not be construed as a tacit approval of said plans and
specifications, nor shall such failure to approve or disapprove constitute a
waiver of the Committee's absolute authority to approve plans and
specifications prior to construction, alteration, or placement of improvements.
Approval of plans and specifications for all construction, installation,
improvements, remodeling or alterations shall be valid only for a period of one
year. Failure to commence and complete construction within one (1) year
following date of approval shall require reapplication and resubmittal of plans,
specifications, and fees to the Committee.
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. Considerations may include, but
shall not be limited to, the following: If a proposed color is not a natural
earthtone (brown) or other color approved in writing by the Committee; if the
proposed structure is not in harmony with the general surroundings of such lot
or the adjacent structure; if the structure shall unduly disturb trees, ground
cover, rocks, or other natural features on the lot; if the structure shall
unduly interfere with the view from nearby residences; if the Committee deems
said plans and specifications to be contrary to the interest and the welfare
and rights of all or any part of Sandia Heights South, Unit 21. 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 21, 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.
8.
Any visible
equipment shall be thoroughly screened. 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 be seen or detract from other homes in the
subdivision. Roof-mounted solar equipment will be difficult to conceal;
however, if the color and structure are done in good taste, this type of
installation can be considered for approval.
9.
The Architectural
Control Committee WILL NOT APPROVE the following:
a.
EXTERIOR-USE OF
COLORS THAT ARE NOT NATURAL EARTHTONES (TANS/BROWNS) OR COLORS NOT APPROVED IN
WRITING BY THE COMMITTEE (NO WHITE OR OFF-WHITE).
b. WHITE ROOFING MATERIAL.
c.
TRANSLUCENT OR
TRANSPARENT GARAGE DOORS.
d.
OUTSIDE
CLOTHESLINES, RADIO ANTENNAS, TV ANTENNAS AND SATELLITE DISCS.
e.
RAISING OF WALLS
NOT CONSISTENT WITH EXISTING WALL MATERIAL.
f.
UNSCREENED,
GROUND-MOUNTED OR ROOF-MOUNTED HEATING AND AIR CONDITIONING EQUIPMENT.
g.
BRICK OR BRICK
VENEER EXTERIORS.
10. Construction of any structure or improvement shall be
continuous and proceed in an orderly fashion without interruptions, and any
structure or improvement on a lot shall be completed in a reasonable time, not
to exceed twelve (12) months from the date the plans were approved by the
Committee. Failure to complete structures or improvements within a 12 month
time frame will necessitate reapplication in accordance with paragraph 7 above.
11. Materials and equipment necessary for construction,
and all debris resulting from clearing or construction, shall be confined to
the lot and shall not be permitted on any other lots, common areas or roadways.
During construction, a receptacle must be on site to contain all trash and
debris.
12. Each residence shall be provided with a method of
sewage disposal meeting the recommended standards of the Environmental Impact
Division of the State of
13. Landscaping: (a.) Southwest style front yard
landscaping to be installed by the homebuilder in accordance with the approved
landscape plans. (b.) No Chinese Elms, Poplar, cotton-bearing
14. Each dwelling shall be developed in such a manner as
to comply with the County approved drainage plan. Public agencies and Grantor
or its designee shall have the right to enter upon all easements for
construction and maintenance of utility facilities.
15. 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.
16. No wire fences shall be maintained in the area of the
subdivision, except by Grantor, on subdivision boundaries. Fences, walls,
patios and porches must adhere to approval by the Committee.
17. No signs of more than five (5) square feet with the
exception of the entry signs shall be maintained within the subdivision after
completion of the original development and sale of the dwelling units unless
specifically approved by the Committee. All signs, other than a typical
"for sale" or "for rent" sign, must be approved by the
Committee.
18. 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.
19. Garbage cans, equipment, service yards, woodpile or
storage piles shall be kept screened by adequate plantings, fencing or other
acceptable screening techniques so as to conceal them from view of neighborhood
residential units and streets. Only pole mounted basketball backboards will be
acceptable.
20. 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
within twelve (12) months of the incident.
21. 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 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 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 or its agent or
assigns, the right and power to bring all actions against such owner personally
for collection of all charges provided for in his 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 or its agent or assigns, shall
be subordinate to the lien or charge of any prior mortgage or deed of trust for
value of said property.
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 Recorder of Bernalillo County, New
Mexico, and whatever Grantor is hereby referred to, such reference shall be
deemed to include its successors and assigns.
23. Road 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
24. By acceptance of a deed to his or her property, each
owner of residence or lot in Sandia Heights South, Unit 21 agrees to be a
member of the Willow Bend Homeowners Association upon establishment of such.
The purpose of the Association is to coordinate planning and implement the
management of such services and activities as may be necessary or desirable to
promote the common interests and welfare of the property owners of record and
residents located in Sandia Heights South, Unit 21 of the County of Bernalillo,
New Mexico, in order to preserve the quality of life for which the subdivision
was established.
25. If and when the property of SANDIA HEIGHTS SOUTH, UNIT
21, meets the statutory annexation requirements enabling annexation of the
property to the City of
26. Retaining walls shall not be removed. Walls and fences
must be constructed of adobe, brown slump block to match the existing slump
used by the Grantor, stuccoed cement block, cedar, or redwood. Other
construction materials for walls and fences shall not be permitted. Wood fences
are restricted to the side and rear lot property lines, except for corner lots.
Corner lots are restricted to having wood fences at the rear property line.
1.
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. Without limiting the generality of any of the foregoing
provision, no speakers, horns, whistles, bells or any other devices, except
security devices used exclusively for security purposes, shall be located, used
or placed on any lot which are audible from neighboring lots.
2.
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. The collection service provided by Sandia Peak Services or their successors
or assigns must be used.
3.
No trailer, tent,
shack, garage or other vehicle or outbuilding shall be used as a residence,
temporarily or permanently.
4.
No commercial
type vehicles, trucks, boat or horse trailers, campers, or camper shells,
boats, house trailers, mobile homes, recreational vehicles, or camper trailers
shall be visibly parked or stored on any residential lot 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.
5.
No unused
automobiles or vehicles of any kind except 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 a lien and shall be
enforceable.
6.
No motor vehicle
or trailer of any type shall be constructed, reconstructed or repaired on any
street or in front of any lot in such a manner as will be visible from
neighboring property.
7.
All dead
vegetation, including trees, shall be removed within thirty (30) days.
Plantings shall be trimmed and cut as necessary at regular intervals to
maintain them in a neat and attractive manner. Some low-maintenance plantings
have been provided by the Grantor in Willow Bend in an effort to maintain and
add to the attractive nature of the neighborhood. Maintenance of these areas will
be detailed as follows:
a. Landscaped entrance areas at the rear of lots 2169 and
2170 will be the responsibility of those lot owners respectively, including
maintenance of the entrance monument. Low-maintenance trees and plant material
on the east side of
8.
No animals shall
be kept on any lot except domestic cats and dogs. Keeping of these animals will
be in accordance with County ordinances.
9.
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.
10. 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 lot, clear of trash, unused building
and/or landscaping materials, rubbish or noxious materials.
11. No neon arc lamps or mercury lights shall be
permitted. No unshaded flood lights shall be maintained which cause light to
shine directly onto the property or into the home of any other resident in the
subdivision. All exterior lighting shall be maintained and installed to
minimize light pollution.
12. Garage Doors: Garage doors shall be kept closed at all
times except when in immediate use.
13. No building or structure within the subdivision shall
be permitted to fall into disrepair, and each such building or structure shall
at all times be kept in good condition and repair and adequately painted or
otherwise finished. Such duty to repair shall include, but not by way of
limitation, the maintenance of any exterior structures and finish included in
the plans approved by the Committee.
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 or
action shall accrue, nor shall any action be brought or maintained by anyone
whatsoever against the undersigned, its successors or assigns of the Committee
or the Association 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.