DECLARATION
OF RESTRICTIONS
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 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 IV. 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 IV 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 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.
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 un-shaded 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.