70371 DECLARATION OF RESTRICTIONS
991
SANDIA
HEIGHTS SOUTH - UNIT IV, A SUBDIVISION
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 IV 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 IV
Development or Subdivision 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 IV 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 (hereinafter called the 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 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 Committee 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 IV. 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
IV without the prior written consent of the Committee.
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 outbuilding 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 lots.
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 lots, vacant or otherwise,
to keep said lots, and all easement areas encompassed within the exterior
boundaries of said lots, clear, 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 IV
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 in the SHHA office.