KNOW
That SANDIA
Lots numbered 2722
through 2748, inclusive, of SANDIA HEIGHTS SOUTH, UNIT 27B, 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 13th day of March
1986;
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 2015 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 27B.
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 27B, 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 27B, 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 27B 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 filed 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
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 DO NOT BLEND INTO THE
NATURAL TERRAIN.
d. OUTSIDE CLOTHESLINES WHICH
e. BUTANE OR PROPANE TANKS.
f. BRICK OR BRICK VENEER EXTERIOR.
g. ROOFTOP TYPE DECKS OR
9.
The Architectural
Control Committee is authorized to charge not more than $250 for review 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 interest and the welfare and rights of all
or any part of Sandia Heights South, Unit 27B. 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 27B,
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
16. Landscaping: No Chinese Elms, Poplar, cotton-bearing
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 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 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 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 27B, 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 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 of the adjacent lot.
31. If and when the property of SANDIA HEIGHTS SOUTH, UNIT
27B, 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 lot, 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.
AMENDMENT TO THE DECLARATION OF RESTRICTIONS
THIS AMENDMENT to the DECLARATION OF RESTRICTIONS OF SANDIA HEIGHTS UNIT 27B SUBDIVISION 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 UNIT 27B SUBDIVISION.
WHEREAS, SANDIA HEIGHTS UNIT 27B
Subdivision is more particularly described on the plat of said Subdivision as
such plat was filed with the
WHEREAS, the Declaration of Restrictions of SANDIA HEIGHTS UNIT 27B was filed with the County Clerk of Bernalillo County on ____ at Book _____,_____ Pages __; and
WHEREAS, the record owners of more than seventy-five percent (75%) of the lots in SANDIA HEIGHTS UNIT SUBDIVISION have voted to amend the Declaration of Restrictions of said SANDIA HEIGHTS UNIT 27B SUBDIVISION, as shown by the ballots on file at the offices of the Sandia Heights Homeowners Association, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Declaration of Restrictions of SANDIA HEIGHTS UNIT 27B SUBDIVISION is hereby amended as follows:
1. A new paragraph, #32, is added to the Declaration of Restrictions to read as follows:
“This paragraph supersedes and
replaces the restrictions of Paragraph 8, Section g. Under this amended
restriction, the Architectural Control Committee WILL NOT APPROVE
ROOFTOP TYPE DECKS.
All provisions of the above noted Declaration of restrictions 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 percent (75%) of the lands comprising SANDIA HEIGHTS UNIT 27B SUBDIVISION, as attested to by the voting roster attached hereto and the signed votes on file with the Sandia Heights Homeowners Association, Inc. which are incorporated herein by reference.
IN WITNESS WHEREOF, the undersigned have executed this Amendment on the date hereafter noted.
Note: Signatures on
file in the SHHA office.