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 V 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 V 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 V 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 V. 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 V 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. No grouping of trees shall be planted to
constitute a screen. Property owners
shall design construction and landscaping consistent with existing ecological
and conservation practice to minimize storm water run off and erosion.
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 any 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 of trash, rubbish or noxious material.
20.
No un-shaded flood lights shall be maintained which cause 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 V
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.