KNOW
That SANDIA
Lots
numbered 7701 through 7745, inclusive, of CEDAR CANYON
SUBDIVISION, TRACTS B1
hereby declares that it has
established, and does hereby establish a general plan for the improvement,
development and restriction of said property, subject to which all lots in said
subdivision shall be sold or conveyed.
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 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 parties and all persons
claiming under them until the year 2015 A.D., at which time said covenants
shall be automatically extended for successive periods of ten (10) years. These
covenants may be amended at any time by the affirmative vote of the then record
owners of three-fourths (75%) of the residential lots in said Cedar Canyon
Subdivision, Tracts B1 and B2, Sandia Heights South, Unit 7.
2.
If the parties
hereto, or any of them, or their grantees, successors-in-interest or assigns,
shall violate or attempt to violate any of the covenants herein provided,
Grantor or any person or persons owning any real property in said Cedar Canyon
Subdivision, Tracts Bl and B2, Sandia Heights South, Unit 7, shall have the
right to prosecute any action in the proper court to enjoin such party from
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 will remain in full force and effect.
4.
All lots in Cedar
Canyon Subdivision, Tracts B1 and B2, Sandia Heights South, Unit 7, are hereby
designated as residential lots. No structures shall be erected, altered, placed
or permitted to remain on any lot other than single-family dwellings not
to exceed 18 feet in height per 1985 UBC 409 and buildings related thereto,
except that this provision shall not prevent the combination of adjoining lots
for one such dwelling; however, in no event shall any lot be further
subdivided. The Grantor may dedicate one or more lots, or any portion thereof,
as a park.
5.
An Architectural
Control Committee (hereinafter called the "Committee") is hereby
established, consisting of Robert M. Murphy, Louis Abruzzo, James Green and
Cleve Matthews as the appointees, to serve for a period of ten (10) 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 the expiration
of such 10-year term shall be filed by appointment or a successor by the
members of the Committee, provided that within thirty (30) days of any
appointment owners of a majority of the residential lots may select other
appointees in their stead.
6.
BEFORE ANYONE
SHALL COMMENCE THE CONSTRUCTION, REMODELING, OR ALTERATION OF ANY BUILDING,
SWIMMING
a.
Preliminary floor
plans, elevations and location of the structure on the lot
b.
After approval of
preliminary plans, two complete sets of the final plans and 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 on the lot
of any structures 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.
7.
No mechanical or
other device not a part of or a replacement for original construction shall be
installed or maintained on the roof or exterior surface of any house. Any
visible heating or air conditioning equipment shall be thoroughly screened with
a stucco wall, color coated to match the house. Solar heating equipment will be
considered for approval based on the merit of its design and the manner in
which it is constructed so as not to be seen or detract from other homes in the
subdivision.
8.
The Architectural
Control Committee WILL NOT APPROVE the following:
a.
WHITE ROOFING
MATERIAL.
b. TRANSLUCENT OR TRANSPARENT GARAGE DOORS.
c.
CHOICE OF
EXTERIOR COLORS WHICH DO NOT BLEND INTO THE NATURAL TERRAIN.
d.
OUTSIDE
CLOTHESLINES.
e.
BUTANE OR PROPANE
TANKS.
f.
BRICK OR BRICK
VENEER EXTERIOR.
g.
ROOFTOP DECKS,
9.
The Architectural
Control Committee is authorized to charge not more than $250 for review plans
for structures and alterations. At the time of submission of the plans and specifications
as set forth herein, the owner shall pay said fee in advance to the Grantor.
The Committee shall approve or disapprove said plans and specifications within
thirty (30) 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 interest and the welfare and rights of all
or any part of Cedar Canyon Subdivision, Tracts B1 and B2, Sandia Heights
South, Unit 7. 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 Cedar Canyon Subdivision, Tracts B1 and B2, Sandia Heights
South, Unit 7, without the prior consent of the Committee.
Neither the Committee,
its members, nor 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.
10.
No trade or
offensive activity of any kind shall be carried on upon any lot, nor shall
anything be done on any lot which shall constitute an annoyance or nuisance to
the neighborhood.
11.
No trash or
garbage shall be burned on the premises. Garbage shall be placed in covered
containers, said containers to be concealed from public view by an attractive
enclosure.
12.
No trailer, tent,
shack, garage or other outbuilding shall be used as a residence, temporarily or
permanently.
13.
No commercial
type vehicles, trucks, campers, boats, house trailers, mobile homes,
recreational vehicles, or camper trailers shall be visibly parked or stored on
any residential lot except in enclosed garages, or parked on any residential
street or alley except while engaged in transport to and from a residence. For
the purpose of this covenant, a 3/4-ton or smaller vehicle, commonly known as a
pickup truck, shall not be deemed a commercial vehicle or truck. Such vehicle
shall be deemed a commercial vehicle or truck when equipped with a camper and
shall not be exempt from the restrictions heretofore mentioned in this section.
No unused automobiles or
vehicles of any kind except hereinabove provided shall be stored or parked on
any lot except in a closed garage. An "unused vehicle'' shall be defined
as any vehicle which has not been driven under its own power for a period of 30
consecutive days or longer. In the event any unused vehicle remains parked on
any tract or lot within the property boundaries, the Grantor shall have the
right to remove the same after 48 hours notice to the owner thereof, the
expenses to be charged against the owner thereof, and such charges shall become
a lien upon the recording of a notice of lien and shall be enforceable.
14.
Parking Areas,
Vehicles: For overnight parking, each owner shall park his vehicles in their
garage or in the driveway.
There shall be no
overhauling or rebuilding of any vehicle or machine in any driveway or street,
or in front of any property.
15.
The exterior of
all buildings on all lots shall be finished according to plans approved by the
Architectural Control Committee within twelve (12) months of start of
construction.
16.
Each residence
shall be provided with a method of sewage disposal meeting the recommended
standards of the Environmental Impact Division of the State of
17.
Landscaping: (a.)
Front yard landscaping to be installed by the home builder in accordance with
the County approved landscape plan. (b.) No Chinese elms, Poplar,
cotton-bearing
18.
Without specific
approval of the Architectural Control Committee, no grouping of trees shall be
planted to constitute a screen. Each dwelling shall be developed in such a
manner as to comply with the standards of the Albuquerque Metropolitan Arroyo
Flood Control Authority or its successor then in force. Private drainage
easements as identified on the plat must be observed and maintained. Public
agencies and Grantor or its designee shall have the right to enter upon all
drainage easements for construction and maintenance of drainage facilities.
19.
Access roads and
utility easements are dedicated and reserved as shown on the Plat of the
subdivision. All rights to minerals, water, oil and natural gas underlying the
property are reserved to the Grantor.
20.
No animals shall
be kept on any lot except domestic cats and dogs. Keeping of these animals will
be in accordance with County ordinances.
21.
No wire fences
shall be maintained in the residential area of the subdivision, except by
Grantor, on subdivision boundaries. Fences, walls and patios must adhere to
approval by the Architectural Control Committee. No signs of more than five (5)
square feet shall be maintained within the subdivision after completion of the
original development and sale of the dwelling units unless specifically
approved by the Architectural Control Committee. All signs, other than a
typical "for sale" or "for rent" sign, must be approved by
the Architectural Control Committee.
22.
No lot may be
further 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.
23.
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 lot,
clear of trash, rubbish or noxious materials.
24.
Basketball
backboards, equipment, garbage cans, service yards, woodpiles or storage piles
shall be kept screened by adequate planting or walls so as to conceal them from
view of neighborhood residential units and streets. No clotheslines shall be
erected on any lot. Basketball backboards must have specific approval by the
Architectural Control Committee prior to installation. TV and radio antennas
and satellite dishes will not be considered.
25.
No unshaded flood
lights shall be maintained which cause light to shine directly into the home of
any other resident in the subdivision.
26.
In the event that
any structure is destroyed, wholly or partially, by fire or any casualty, such
structure shall be promptly rebuilt or repaired to conform to this Declaration
or shall be removed from the lot.
27.
In the event any
owner fails to remove debris or unsightly material, the Grantor may remove said
debris or unsightly material and charge to cost of removal, including
reasonable overhead charge, against the owner together with interest. If such
charge is not paid to the Grantor within thirty (30) days after written notice
to the owner demanding payment, the assessment shall bear interest from the
date of said notice at the rate of fifteen percent (15%) per annum and the
Grantor may bring an action at law against the owner obligated to pay the same.
Such charges shall become a lien against the lot or tract concerned upon
recording of a notice of lien and said lien may be foreclosed by the Grantor
against the property, the same as any mechanic's lien, and interest costs and
reasonable attorney fees of any such action shall be added to the amount of
such lien. Said notice of lien shall state the amount which has become due, a
description of the property and the name of the owner or reputed owner of such
property. Such notice shall be executed by the Grantor, or its agent, and
acknowledged. Upon the satisfaction of said lien, the Grantor or its agent
shall issue a further notice similarly signed and acknowledged, stating that
said lien has been satisfied and releasing the same. Each owner of any lot or
tract by his acceptance of a conveyance of said lot or tract hereby vests in
the Grantor, its agents or assigns, the right and power to bring all actions
against such owner personally for collection of all charges provided for in
this Declaration of Restrictions, and to enforce any such lien by all means
available for the enforcement of such liens, including foreclosure in like
manner as a mechanic's lien, a mortgage or deed of trust lien on said property.
The Grantor, its agents or assigns, shall have the power to bid in any interest
foreclosed at the foreclosure sale. Said lien shall be subordinate to the lien
or charge of any prior mortgage or deed of trust for value on said property.
28.
Any and all of
the right, title, interest and estate given to or reserved by the Grantor
herein or on the plat 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 whatever the Grantor is hereby referred to, such reference shall be
deemed to include its successors and assigns.
29.
Garage Doors:
Garage doors shall be kept closed at all times except when in immediate use.
30.
Roads and
Utilities. Access roads, easements
and utility easements are dedicated and reserved as shown on the recorded plat
of the property. No additional access roads or driveways, either public or
private, shall be constructed directly from any lot or tract to
31.
Special
Easement for Construction and Maintenance. Certain residential structures in CEDAR CANYON SUBDIVISION, TRACTS B1
The owner of such
adjacent lot shall avoid any action which shall in any way damage the wall
located close to or adjacent to his lot line and shall refrain from attaching
any objects to such walls such as wires, trellises and plantings, defacing the
wall in any manner, placing graphics or other design work, whether painted or
otherwise, on such wall, or using the wall as a playing surface for sport.
The owner of the
residence containing such wall shall similarly be prohibited from attaching
anything to such wall or from altering it in any way other than painting the
wall in such manner as shall be approved by the Architectural Control Committee
and, in addition, shall take no other action except as specifically
contemplated herein in connection with such wall which shall interfere with the
owner of the adjacent lot.
Side yard walls or fences
are not permitted. Walls must be constructed of concrete block and color coated
to match the house. There shall be a five foot (5') solid rear courtyard wall
for the lots backing onto
32.
By acceptance of
a deed to his or her property, each owner of a residence or lot in Cedar Canyon
Subdivision agrees to be a member of CEDAR CANYON HOMEOWNERS ASSOCIATION, a New
Mexico corporation formed pursuant to the Nonprofit Corporation Act, the
members of which shall be the owners of living units or lots within Cedar
Canyon Subdivision, which ownership shall be the only criterion for membership
in the Association.
The Association is for
the purpose of promoting the health, safety, community welfare, and general
welfare of the residents within Cedar Canyon Subdivision, and its primary
functions shall be as follows:
a.
To provide weed
control in the areas bordering the right-of-way of Cedar Canyon Subdivision and
outside of existing yard fences and to maintain lands, trees or other plantings
in the planting areas included within the right-of-way of Cedar Canyon Road and
Tramway Lane;
b. To collect from residents and to pay to the municipality of the utility company for services such as water, and to supplement municipal services in connection with the maintenance of the areas identified in subparagraph (a) above;
c.
Fix, levy,
collect and enforce payment by any lawful means, all charges or assessments; to
pay all expenses in connection therewith and all expenses incident to the
conduct of the business of the Association, including all licenses, taxes or
governmental charges levied or imposed against the property of the Association;
and
d.
Enforce any and
all covenants, restrictions, and agreements applicable to CEDAR CANYON
SUBDIVISION.
33.
If and when the
property of CEDAR CANYON SUBDIVISION, TRACTS B1
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 be brought
or maintained by anyone whatsoever against the undersigned, its successors or
assigns, for or on account of failure or neglect to exercise any right, power
or remedy herein provided for in the event of breach of said covenants,
restrictions, or reservations.
Signatures on file in the SSHA Office
2005099203 First
Amendment to the Declaration of Restrictions
6295251
Cedar Canyon Subdivision
Tracts B1 and B2
Sandia Heights South, Unit 7
Bernalillo County, New Mexico
THIS FIRST AMENDMENT to the
DECLARATION OF RESTRICTIONS, Cedar Canyon Subdivision Tracts B1 and B2 Sandia
Heights South, Unit 7, Bernalillo County, New Mexico is entered into, by and
between the record owners of the lands comprising at least seventy-five percent
(75 percent) of the parcels of land in Cedar Canyon Subdivision Tracts B1 and
B2 Sandia Heights South, Unit 7.
WHEREAS, the Declaration of Restrictions of Cedar
Canyon Subdivision Tracts B1 and B2 Sandia Heights South, Unit 7 was filed with
the County Clerk of Bernalillo County; and WHEREAS, best efforts were used to
notify all forty-five (45) residences in person or by other means (telephone or
electronic mail) to obtain a signature;
WHEREAS, at least seventy-five percent (75 percent) of
the current record owners of the residential lots in Cedar Canyon Subdivision
Tracts B1 and B2 Sandia Heights South, Unit 7 desire to modify paragraph 8 of
the Declaration of Restrictions by allowing alterations which do not violate
the intent of the original Declaration of Restrictions and
WHEREAS, the record owners of at least seventy-five
percent (75 percent) of the residential lots in Cedar Canyon Subdivision Tracts
B1 and B2 Sandia Heights South, Unit 7 have executed a written instrument and
voted to amend the Declaration of Restrictions of said Cedar Canyon Subdivision
Tracts B1 and B2 Sandia Heights South, Unit 7, as shown by the signatures on
the amendment petition, attached hereto as Exhibit A, and which is on file at
the office of the Sandia Heights Homeowners Association, Inc.;
Said Declaration of
Restrictions now reads:
Paragraph 8. The
Architectural Control Committee WILL NOT APPROVE the following:
a. WHITE
ROOFING MATERIAL.
b. TRANSLUCENT
OR TRANSPARENT GARAGE DOORS.
c. CHOICE
OF EXTERIOR COLORS WHICH DO NOT BLEND INTO THE NATURAL TERRAIN.
d. OUTSIDE
CLOTHESLINES
e. BUTANE OR PROPANE TANKS
f. BRICK OR BRICK VENEER EXTERIOR.
g. ROOFTOP
DECKS,
NOW, THEREFORE, BE IT RESOLVED that the Declarations
of Restrictions of SANDIA HEIGHTS SOUTH Cedar Canyon Subdivision Tracts B1 and
B2 is hereby amended to read as follows:
Paragraph 8. The Architectural Control Committee
WILL NOT APPROVE the following:
a. WHITE
ROOFING MATERIAL.
b. TRANSLUCENT
OR TRANSPARENT GARAGE DOORS.
c. CHOICE
OF EXTERIOR COLORS WHICH DO NOT BLEND INTO THE NATURAL TERRAIN.
d. OUTSIDE
CLOTHESLINES
e. BUTANE OR
PROPANE TANKS
f. BRICK OR
BRICK VENEER EXTERIOR.
g. ROOFTOP
DECKS OR
h. ALTERATIONS
TO THE FRONT OF THE HOUSE
i.
a. DOES NOT
EXTEND BEYOND THE CURRENT ROOFLINE IN HEIGHT WHERE IT IS TO BE ATTACHED;
b. DOES NOT
ENCROACH MINIMUM SETBACKS OF 5 FEET ON THE SIDES OF THE HOUSE.
j. PATIO
ADDITIONS
All provisions of the above
noted Declaration of Restrictions not specifically changed or modified herein
shall remain in full force and effect.
NOTE: Signature pages
are available in the SHHA office.