92118331 0000202
KNOW ALL MEN BY THESE PRESENTS:
That SANDIA PEAK TRAM COMPANY, a
Lots numbered 2301 through 2326, inclusive,
SANDIA HEIGHTS SOUTH, UNIT 23, as the same is shown and designated on the plat
thereof filed in the office of the
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 23.
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 23, or the Sandia Heights Homeowners Association
(hereinafter called the "Association"), 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 restrictions shall in no way affect the validity of
the other provisions, which will remain in full force and effect.
4.
All lots in
Sandia Heights South, Unit 23, 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.
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 23. THE SETBACKS
5.
A Committee is
hereby established, consisting of Robert M. Murphy, Louis Abruzzo and Cleve
Matthews 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.
At least one of the successors appointed to the Committee shall be a member of
the Board of Directors of the Association. 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
(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 and until 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,
the Committee or the Association, 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 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 23. 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 23, 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 (BROWNS) OR COLORS NOT APPROVED IN
WRITING BY THE COMMITTEE.
b.
WHITE
ROOFING MATERIAL.
c.
TRANSLUCENT OR
TRANSPARENT GARAGE DOORS.
d.
OUTSIDE CLOTHESLINES,
RADIO ANTENNAS, TV ANTENNAS, AND SATELLITE DISCS.
e.
BUTANE OR PROPANE
TANKS.
f.
ROOFTOP DECKS.
g.
WALLS OR FENCES
TALLER THAN SIX (6) FEET ABOVE THE NATURAL GRADE ON THE
h.
UNSCREENED,
GROUND-MOUNTED OR ROOF-MOUNTED HEATING AND AIR CONDITIONING EQUIPMENT.
i.
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.)
Front yard landscaping to be installed by the homebuilder in accordance with
the County approved landscape plan. (b.) No Chinese Elms, Poplar,
cotton-bearing
14.
Without specific
approval of the Committee, no grouping of trees shall be planted to constitute
a screen nor may any trees, shrubs, or hedges be planted that shall unduly
interfere with the view from nearby residences.
15.
Each dwelling
shall be maintained by the owner in such a manner as to comply with the
16.
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.
17.
No wire fences
shall be maintained in the residential area of the subdivision, except by
Grantor, on subdivision boundaries. Fences, walls, patios and porches must
adhere to approval by the Committee.
18.
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 Committee. All signs, other than a typical
"for sale" or "for rent" sign, must be approved by the
Committee.
19.
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.
20.
Basketball
backboards, equipment, garbage cans, service yards, woodpiles 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.
21.
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.
22.
In the event any
owner fails to remove debris or unsightly material, the Grantor or the
Association 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 or the Association 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 or the Association 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, its agent or the Association, and acknowledged. Upon
the satisfaction of said lien, the Grantor, its agent or the Association 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, or the Association 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, its agents or assigns, or the Association shall be
subordinate to the lien or charge of any prior mortgage or deed of trust for
value of said property.
23.
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.
24.
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
25.
By acceptance of
a deed to his or her property, each owner of a residence or lot in Sandia
Heights South, Unit 23 agrees to be a member of the Sandia Heights Homeowners
Association, a New Mexico corporation formed pursuant to the Nonprofit
Corporation Act, which ownership shall be the only criterion for membership in
the Association, 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 23 of the County of
Bernalillo, New Mexico, in order to preserve the quality of life for which the
subdivision was established.
26.
If and when the
property of SANDIA HEIGHTS SOUTH, UNIT 23, meets the statutory annexation
requirements enabling annexation of the property to the City of
27.
Retaining walls
shall not be removed. Walls and fences must be constructed of adobe, brown
slump block, 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.
28.
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
or the Association 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.
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.
14. Outside clotheslines, radio antennas, TV antennas, and
satellite dishes are prohibited.
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, 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.
This First Amendment of the
Declaration of Protective Covenants and Restrictions is executed and
acknowledged this 20th day of April, 1998.
WHEREAS, the Declaration of Protective
Covenants and Restrictions of Sandia Heights South, Unit 23 of Bernalillo
County, New Mexico, was recorded in the Office of the County Clerk of
Bernalillo County on November 24, 1992, in Book 92-28, pages 202-211
(hereinafter "the Covenants"),
WHEAREAS, a portion of paragraph 4 of the
Covenants states as follows, "AFTER CONSTRUCTION HAS BEEN COMPLETED AND
THE RESIDENCE HAS BEEN OCCUPIED, NO ADDITIONS OR EXTERIOR STRUCTURAL
ALTERATIONS TO THE RESIDENCE SHALL BE PERMITTED".
WHEREAS, more than sixty-six percent (66%) of
the current record owners of the residential lots in Sandia Heights South, Unit
23 desire to eliminate the aforesaid sentence from paragraph 4 of the
Covenants, and
WHEREAS, the required sixty-six percent (66%)
of record owners have executed a written instrument to amend the Covenants
accordingly, and the instrument is attached hereto as Exhibit A,
NOW, THEREFORE, be it resolved by more than
two thirds (66%) of the record owners of the residential lots of Sandia Heights
South, Unit 23 as follows:
1.
This First
Amendment of the Declaration of Protective Covenants and Restrictions shall
only amend the document which was recorded in the Office of the
2.
The sentence in
paragraph 4 of the Covenants which states "After construction has been
completed and the residence has been occupied, no additional or exterior
structural alterations to the residence shall be permitted" is eliminated
and rendered null, void, and of no further force and effect.
3.
All other
provisions and requirements of the Covenants shall remain as stated without
amendment or modification.
Executed and acknowledged
this 20th day of April, 1998.
NOTE: signatures are on file in the SHHA office.