KNOW ALL MEN BY THESE PRESENTS:
That SANDIA PEAK TRAM COMPANY, a
Lots numbered 1 through 54,
inclusive, of SANDIA HEIGHTS SOUTH, UNIT 24, 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 4th day of March 1987;
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
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 24.
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 24, 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 will remain in full force and effect.
4.
All lots in
Sandia Heights South, Unit 24, are hereby designated as residential lots. No
structures shall be erected, altered, placed or permitted to remain on any lot
other than one story, single-family dwellings 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. Unit 24 is zoned SU-Residential for one story, planned
units development.
5.
An Architectural
Control Committee (hereinafter called the "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
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 or 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.
6.
BEFORE ANYONE
SHALL COMMENCE THE CONSTRUCTION, REMODELING, 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.
7.
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.
8.
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 TO DO NOT BLEND INTO THE NATURAL TERRAIN.
d.
OUTSIDE
CLOTHESLINES WHICH ARE VISIBLE FROM ANY DIRECTION.
e.
BUTANE OR PROPANE
TANKS.
f.
BRICK OR BRICK
VENEER EXTERIOR.
9.
The Architectural
Control Committee is authorized to charge not more than $250 for review plans
for structures and alternations. 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
interest and the welfare and rights of all or any part of Sandia Heights South,
Unit 24. 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 24, 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.
10. 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.
11. 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.
12. No trailer, tent, shack, garage or other outbuilding
shall be used as a residence, temporarily or permanently.
13. 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 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 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.
There
shall be no overhauling or rebuilding of any vehicle or machine in any driveway
or street, or in front of any property.
14. 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.
15. 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.
16. Landscaping: No Chinese elms, Poplar, cotton-bearing
Cottonwood trees or Bermuda grass shall be maintained on any lot. Lawns shall
be in an enclosed area in the rear of the 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. All front
yards, side yards facing the street on corner lots and rear yards facing an
internal subdivision street must be landscaped with natural plants and/or
southwestern type landscape within six (6) months of completion and/or
occupancy of the unit. All dead vegetation, including trees, shall be removed
within thirty (30) days. Plantings to be trimmed and cut as necessary at
regular intervals to maintain them in a neat and attractive manner.
17. 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 Arroyo 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.
18. 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.
19. No animals shall be kept on any lot except domestic
cats and dogs. Keeping of these animals will be in accordance with County
ordinances.
20. 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.
21. 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.
22. 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, rubbish or noxious
materials.
23. 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. No clotheslines shall be erected
on any lot. Radio/TV antennas and satellite discs must have specific approval
by the Architectural Control Committee prior to installation.
24. No unshaded flood lights shall be maintained which
cause light to shine directly into the home of any other resident in the
subdivision.
25. 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.
26. In the event any owner fails to remove debris or
unsightly material, the Grantor may remove said debris or unsightly material
and charge to 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 recording of a notice of lien and said
lien may be foreclosed by the Grantor against the properties 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, it agents or assigns, the
right and power to bring all actions against such owner personally for
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 the 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.
27. 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.
28. Garage Doors: Garage doors shall be kept closed at all
times except when in immediate use.
29. 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
30. Special Easement for Construction and Maintenance. Certain residential structures in SANDIA HEIGHTS
SOUTH, UNIT 24, are constructed close to the next lot line. There is hereby
established an easement approximately five feet (5¹) 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 o f the adjacent lot.
31. If and when the property of SANDIA HEIGHTS SOUTH, UNIT
24, 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.
Signatures on file in the SHHA office.
KNOW ALL MEN BY THESE
PRESENTS:
THIS FIRST AMENDMENT amends that certain Declaration
of Restrictions, Sandia Heights South, Unit 24, Bernalillo County, New Mexico,
dated March 11, 1987, filed March 23, 1987, as Document No. 08728881, in Book
Misc. 466A, Pages 263-267, records of the
The undersigned, being the record owners of more than
three-fourths (3/4) of the residential lots located within SANDIA HEIGHTS
SOUTH, UNIT 24, do hereby place this further restriction upon said property
hereinafter described, subject to which the property shall be maintained, sold
and conveyed. The legal description of
the property so restricted is as follows:
Lots
numbered 1 through 54, inclusive, SANDIA HEIGHTS SOUTH, UNIT 24, as the same
are shown and designated on the plat thereof filed in the office of the County
Clerk of Bernalillo County, New Mexico, on March 4, 1987.
The
following restriction is hereby imposed upon the lots heretofore described:
By acceptance of a deed to his or her property, each
owner of a residence or lot in Sandia Heights South, Unit 24, agrees to be a
member of UNIT 24 HOMEOWNERS ASSOCIATION, a New Mexico corporation, formed
pursuant to the Nonprofit Corporation Act, the member of which shall be the
owners of dwelling units or lots within Sandia Heights South, Unit 24, which
ownership shall be the only criterion for membership in the Association.
The Association is for the purpose of promoting the
health, safety, community welfare, and general welfare of the residents within
Sandia Heights South, Unit 24, and its primary functions shall be as follows:
a. To provide weed control and to maintain lands, trees
or other plantings in the planting areas included within the rights-of-way of
Tramway Terrace Court NE;
b. To collect from residents and to pay to the
municipality or the utility company for services such as water, and to
supplement municipal services in connection with the maintenance of the read
identified in subparagraph (a) above;
c. Fix, levy, collect and enforce payment by any lawful
means, all charges or assessments; to pay all expenses in connection therewith
and all expenses incident to the conduct of the business of the Association,
including all licenses, taxes or governmental charges levied or imposed against
the property of the Association; and
d. Enforce any and all covenants, restrictions, and
agreements applicable to SANDIA HEIGHTS SOUTH, UNIT 24.
This
Amendment may be executed in one or more counterparts and each of such
counterparts shall, for all purposes, be deemed to be an original, but all of
such counterparts shall constitute one and the same instrument.
DATED at Albuquerque, New Mexico, this 24th day of
June, 1987.
WITNESS the hand and seal of the undersigned this 24th
day of June, 1987.
Signatures
on file in the SHHA office.
This SECOND AMENDMENT to the DECLARATION OF
RESTRICTIONS of SANDIA HEIGHTS SOUTH, UNIT 24, is entered into by and between
the record owners of the lands comprising more than seventy-five percent (75%)
of the parcels of land in SANDIA HEIGHTS SOUTH, UNIT 24.
WHEREAS, SANDIA HEIGHTS SOUTH, UNIT 24 is more
particularly described on the plat of said Subdivision as such plat was filed
with the County Clerk of Bernalillo County on March 4th, 1987, in
Plat Book C33, Folio 14 (1-4); and
WHEREAS, The Declaration of Restrictions of SANDIA
HEIGHTS SOUTH, UNIT 24 was filed with the County Clerk of Bernalillo County on
4 March 1987 in Book Misc. 466-A, Pages 263-267 as Document Number 87-288881;
and
WHEREAS, The First Amendment to the Declaration of
Restrictions of SANDIA HEIGHTS SOUTH, UNIT 24 was executed on 24 June, 1987;
and
WHEREAS, The Declaration of Restrictions of SANDIA
HEIGHTS SOUTH, UNIT 24 was administratively amended, by voice vote, at the
August 1993 general meeting, to reflect street name changes; and
WHEREAS, the record owners of more than seventy-five
percent (75%) of the lots in SANDIA HEIGHTS SOUTH, UNIT 24 have voted to amend
the Declaration of Restrictions of said SANDIA HEIGHTS SOUTH, UNIT 24, as shown
by the ballots on file at the office of the SANDIA HEIGHTS SOUTH, UNIT 24
Homeowners Association.
NOW, THEREFORE BE IT RESOLVED that the Declaration of
Restrictions of SANDIA HEIGHTS SOUTH, UNIT 24 is hereby amended as follows:
1. Paragraph
number seven (7) is amended to read as follows:
“7. Any visible heating or air conditioning
equipment shall be painted a color
to match the existing
background color or thoroughly screened and the screen shall be kept in good
condition and painted a color to match the existing background color. No roof
mounted heating or air conditioning equipment will be approved unless the above
conditions are adhered to. 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. ”
All provisions of the above noted Declaration of
Restrictions of SANDIA HEIGHTS SOUTH, UNIT 24 not specifically changed or
modified herein shall remain in full force and effect.
This Amendment is consented to by the owners of record of
the lands comprising more than seventy-five (75%0 of the lands comprising
SANDIA HEIGHTS SOUTH, UNIT 24, as attested to by the voting roster attached
hereto and the signed votes on file with the SANDIA HEIGHTS SOUTH, UNIT 24
Homeowners Association, which are incorporated herein by reference.
IN WITNESS WHEREOF, the undersigned have executed this
Amended on the day hereafter noted.
Witness My Hand and Seal this
23rd day of April, 1999.
Signatures in file in the
SHHA office.