KNOW
ALL MEN BY THESE PRESENTS:
That SANDIA PEAK
TRAM COMPANY, a
Lots
numbered 2701 through 2721, inclusive, of SANDIA HEIGHTS SOUTH,
UNIT 27, 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 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 27.
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 27 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 27, 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
6.
An Architectural
Control Committee (hereinafter called the "Committee") is hereby
established, consisting of Robert M. Murphy, Ben L 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.
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 all or any part of
Sandia Heights South, Unit 27. 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 27, 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
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 falls 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 mechanicıs 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
execute 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 records 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 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 Tramway Blvd. N.E. or Tennyson Road other than those as shown an 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 27, 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 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 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
27; 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: Signatures on file in the SHHA office.