KNOW
That SANDIA
Lots
numbered 2801 through 2822 inclusive, of SANDIA HEIGHTS SOUTH,
UNIT 28, 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 October 4,
1984;
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 28.
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 28, 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 28, 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,
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
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
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 28. 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 28, 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 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 the 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 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 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.
30. 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
31. Special Easement for Construction and Maintenance. Certain residential structures in SANDIA HEIGHTS
SOUTH, UNIT 28, 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
close to or adjacent to his lot line and shall refrain from attaching any
objects to such wall 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
28, meets the statutory annexation requirements enabling annexation of the
property to the City of
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.