39776 DECLARATION OF RESTRICTIONS 857
IN
KNOW BY
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 pass with each and every parcel thereof and shall apply 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 parities and all persons claiming under them until
the year 2000 A.D., at which time said covenants shall be automatically
extended for successive periods of ten years, unless the then record owners of
a three-quarters majority of the residential lots in said Sandia Heights South
Unit III agree to change said covenants in whole or in part.
2. If the
parties hereto, or any of them, or their heirs or assigns, shall violate or
attempt to violate any of the covenants herein provided, any other person or
persons owning any real property in said Sandia Heights South-Unit III
Development or Subdivision (including any owners of commercial property
therein) shall have the right to prosecute any action in the proper court to
enjoin such party form 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 III are hereby designated residential lots. No structures shall be erected, altered
placed or permitted to remain on any residential lot other than one detached
single family dwelling and buildings related thereto, except that this
provision shall not prevent the combination of two adjoining lots for one such
dwelling. The Grantor may dedicate one or more lots, or any such portion
thereof as a park.
5.
Except by
specific consent of the Architectural Control Committee, no building shall be
located on any residential lot nearer than forty-five (45) feet to the front
lot line or fifteen (15) feet to rear or any side lot line.
Except by specific approval of the Architectural
Control Committee, no residence shall be a full two story structure. A two
story structure is defined as one which is two full stories above the natural
grade of the lot on all sides.
6.
An Architectural
Control Committee is hereby established, consisting of Robert J. Norhaus, Ben
L. Abruzzo and Max Flatow as the appointees, to serve for a period of ten 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 expiration of such ten year term shall be
filled by the members of the Committee, provided that within thirty days of any
appointment, owners of a majority of the residential lots may select other
appointees in their stead.
7.
Before anyone
shall commence construction, remodeling addition to, or alteration of any
building, swimming pool, wall, fence, coping, tank, visible air conditioner,
radio antenna more than 5 feet above a building, or other structure whatsoever,
on any lot, there shall be submitted to the Grantor for transmittal to the
Architectural Control Committee.
(a)
preliminary floor
plans, elevations and location the structure on the
lot:
(b)
after approval of
the preliminary plans, two complete sets of the
final plans specifications for said work .
No such 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 of the lot or property of the
wall, fence, coping, or other structure 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.
The Architectural Control Committee is authorized to
charge not more than $100.00 for review of plans for structure and
alterations. At the time of submission
of the plans and specifications as set forth herein, the owner shall cause to
be paid to the Grantor an initial charge in the amount of $25.00. The Committee
shall approve or disapprove said plans and specifications within thirty 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 plans and specifications submitted are incomplete, or if the Grantor
deems said plans and specifications to the 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 III. The decision of the
Grantor 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 III without the prior written consent of the Grantor.
Neither the Committee, its members or 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.
No residence
shall be erected on any residential lot having an area of less than 2,000
square feet of ground floor area.
9.
No trade or
offensive activity of any kind shall be carried on upon any residential lot,
nor shall anything be done on any lot which shall constitute an annoyance or
nuisance to the neighborhood.
No trash shall be burned on the
premises except in approved incinerators located indoors or within service yard.
No garbage shall be burned. Garbage shall be placed in covered containers, said
containers to be concealed from public view by an attractive enclosure. No
barbecue or other outdoor cooking facility shall be located thereon nearer than
ten feet from either side of lot line unless made a part of the residence.
10.
No house trailer
shall be parked on any residential lot, nor shall any trailer, basement, tent,
shack, garage or other out-building be used as a residence, temporarily or
permanently.
11.
The exterior of
all buildings on residential lots shall be finished according to plans approved
by the Architectural Control Committee within twelve months of start of
construction. No exposed roof mounted heating or air-conditioning equipment
shall be permitted. Except where special approval of the Architectural Control
Committee is obtained no white roofs shall be permitted.
12.
Each residence shall be provided with a method
of sewage disposal meeting the recommended standards of the Bernalillo County
Health Department and approved by the Architectural Control Committee. Garbage
and waste shall be kept in covered metal containers and stored or disposed of
in a manner approved by the Bernalillo County Health Department. Outdoor
privies are prohibited.
13.
Natural vegetation
is to be left undisturbed where practical on residential lots, except for
access to property, clearing of building sites and establishment of lawns and
flower beds adjacent to buildings. No Chinese elms, cotton-bearing cottonwood
trees or Bermuda grass shall be maintained on residential lot.
14.
Access roads and
utility easements are dedicated and reserved as shown on the Plat of the
Subdivision. All rights to water, oil and natural gas underlying the property
are reserved to the Grantor.
15.
Butane tanks must
conform to state regulations and must be located so as not to detract from the
appearance of any lot.
16.
No animals shall be kept on residential lots
except domestic cats and dogs.
17.
No wire fences
shall be maintained in the residential area of the Subdivision, except by
Grantor on Subdivision boundaries.
18.
No residential
lot may be 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.
19.
It shall be the
responsibility of owners of vacant residential lots to keep said lots clear of
trash, rubbish or noxious material.
20.
No unshaded flood
lights shall be maintained which cast light directly into the homes of other
residents in the Subdivision.
21.
In the event that
a structure is destroyed, wholly or partially by fire or any other casualty,
said structure shall be properly rebuilt or repaired to conform to this
declaration or, all the remaining structures, including the foundations and all
debris, shall be removed from the lot.
22.
Any and all of
the right, title, interest and estate given to or reserved by the Grantor
herein or on the plat of Sandia Heights South Unit III 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 wherever the Grantor is
hereby referred to, such reference shall be deemed to include it successors and
assigns.
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 by brought or maintained by anyone whatsoever against the
undersigned, its successors or assigns, for an on account of failure or neglect
to exercise any right, power or remedy herein provided for in the event of
breach of any of said covenants, restrictions or reservations.
Signatures on file at the SHHA
office.