34978 DECLARATION OF RESTRICTIONS 555
SANDIA
HEIGHTS SOUTH - UNIT 6, 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 6 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 6 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 6 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 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 6. 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 6 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 any
lot. No grouping of trees shall be planted to constitute a screen. Each
dwelling shall be developed in such a manner as to retain 50% or more of the
storm water run-off within the boundaries of each residential lot, so as to
comply with the standards of the Albuquerque Metropolitan Flood Control
Authority or its successor then in force.
Remaining run-off shall drain into existing channels as shown on the
recorded plat of the property.
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 unshaded 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 6
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.