KNOW
All the covenants, 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 the benefit of and bind all subsequent owners
thereof.
These covenants are to run with the land and
shall be binding on all parties 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 recorded owners of a
three-quarters majority of the total acreage in said Sandia Heights South-Unit
7 agree to change said covenants in whole or in part. Said restrictions,
reservations, and covenants are as follows:
Section 1: "The property" shall mean and refer to
that certain real property described above being Sandia Heights Unit 7
according to the plat thereof filed in the Office of the County Clerk,
Bernalillo County, New Mexico on the 8th day of September, 1972, and shall also
refer to any additions thereto as may hereafter be brought within the
restrictions by action of the Grantor by subsequent declaration filed in the
Office of said County Clerk.
"Tract"
- Tract shall mean one of the tracts shown on said plat of Sandia Heights South
Unit 7, namely Tracts 1, 2, 3, 4, 7 or 8 as shown, on said plat.
Section
2: "Single family residential lot" shall mean
a residential lot in a tract zoned for and restricted to one detached single
family dwelling and buildings related thereto.
Section
3: "Multi-family residential tract" shall mean
a tract zoned for and restricted to apartments, town houses, condominiums or
similar dwellings and used for such purposes, under single or multi-ownership.
Section
4: "Commercial tract" shall mean a tract
presently zoned C, on which buildings, structures and improvements may be
erected for use for light commercial uses as permitted by the zoning ordinances
of
Section
5: "Owner" shall mean and refer to the record
owner whether one or more persons or entities, of a fee simple title to any lot
or tract which is part of the property, and contract buyers; but excluding
those having such interest merely as security for the performance of an
obligation.
Section
6: "Grantor" shall mean and refer to Sandia Peak
Tram Company, its successors and assigns.
Section
7: "Common area" shall mean any real property
owned by any association of property owners for the common use and enjoyment of
two or more lot or tract owners within the exterior boundaries of the property.
Section 1: All lots
in Tracts 3 or 4 of the property are hereby designated as single family
residential lots.
Section
2: Tracts 2, 7 and 8 of the property are hereby
designated as tracts which shall be subdivided into multifamily residential
lots.
Section
3: Tract 1 of the property is hereby designated as a
commercial tract (C).
Section 1: Single family residential lots. No structure shall be erected, altered, placed or
permitted to remain on any single family 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 or a subsequent owner may dedicate one or more lots or
any portion thereof as a park. Except by specific consent of the Architectural
Control Committee, hereinafter provided for, no building shall be located on
any single family residential lot nearer than 45 feet to the front line or 15
feet to the rear of any side lot line.
No
residence shall be erected on any single family residential lot having an area
of less than 2,000 square feet of ground floor area.
Section
2: Multi-family residential
tracts. No structure shall be
erected, altered, placed or permitted to remain on any multifamily residential
tract other than an apartment, town house, condominium or similar living unit
with appurtenant recreational and service facilities. The gross living area of
each and every complex of multi-family residential units shall not exceed 40%
of the gross land area, and the maximum number of single family units shall not
exceed 10 per acre. Gross living area shall defined as total heated area of a
dwelling plus the roof overhang, carport and/or garage, enclosed patio,
enclosed yard area, enclosed walks, balconies and other areas enclosed by a
wall, fence or structure. Not included in the gross living area are common areas
including but not limited to swimming pool, tennis courts, other recreation
areas, open walkways, driveways, parking areas, roadways, planted and natural
areas. No building or structure shall be located on any multi-family
residential tract nearer than 45 feet to the front property line or 25 feet to
the rear or any side property line.
Section
3: Height. Except by specific approval of the Architectural
Control Committee, no structure on single family or multifamily residential
lots 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.
Section
4: Commercial tract. No structure shall be erected, altered, placed, or
permitted to remain on any commercial lot or tract other than buildings
designated and used for light commercial uses as permitted by the zoning
ordinances of
Section 1: Architectural Control Committee.
An Architectural Control Committee, hereinafter called the Committee, is hereby
established consisting of Robert J. Nordhaus, Ben L. Abruzzo, and Max Flatow as
the appointees of the Grantor, to serve for a period of 10 years from the date
hereof and until their successors shall be appointed and qualified. Vacancies
occurring before the end of or as a result of such ten year term shall be
filled by the members of the Committee, provided that within 30 days of any
appointment, owners of a majority of acreage in the property may select other
appointees in their stead.
Section
2: Before anyone shall commence the construction,
remodeling, addition to, or alteration of any building, swimming pool, wall,
fence, coping, tank, visible air conditioning unit, radio antenna more than five
feet above a building-, or any structure or sign (except for rent or for sale
signs, less than 5 square feet in area) on any lot or tract, there shall be
submitted to the Grantor for transmittal to the Architectural Control
Committee:
a.
preliminary floor
plans, elevations, and locations of any structure on the lot, including
drainage plans for any earth work on multifamily or commercial tracts, and
drawings of any signs in excess of five square feet in diameter.
b.
after approval of
preliminary plans, two complete sets of the final plans and specifications for
said work.
Section 3: No
structure or improvement of any kind shall be erected, altered, placed or
maintained upon any lot or shall any earth work be commenced 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 or property of the building,, wall, fence,
coping, sign or other structure proposed to be constructed, placed, altered or
maintained, and elevation of same, together with proposed color scheme, for
roofs and exteriors of any structure, indicating- the materials for the same.
Section
4: No signs shall be erected or maintained on any place
within the property limits except as specifically approved by the Architectural
Control Committee. Neon signs are prohibited except as specifically approved by
the Committee on a commercial tract.
Section
5: The Architectural Control Committee is authorized to
charge not more than $100.00 for review of plans for structures and alterations
of single family units and not more than $500.00 for review of plans for
structures and alterations of multi-family or commercial units or complexes. 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 fee of $25.00 for single
family units or $100.00 for multi-family or commercial units. The Committee
shall approve or disapprove said plans and specifications within 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 copy thereof shall be retained by the Grantor.
The
Committee shall have the right to disapprove any plans, specifications or
details submitted as aforesaid, in the event such plans and specifications are
not in accord with all the provisions of this declaration, or a design or color
scheme in the proposed structure is not in harmony with the general
surroundings of such lot or tract or adjacent structure, or if the structure
shall unduly interfere with the view from nearby residences, apartments or
other multifamily residences, or if the plans and specifications submitted are
incomplete, or if the Committee deems that plans and specifications are
contrary to the spirit and intent of these restrictive covenants, or contrary
to the interest and welfare and rights of all or any part of the owners of lots
or tracts in Sandia Heights South Unit 7 or other subdivisions surrounding Unit
7 in Sandia Heights. The decision of the Committee in any of these matters
shall be final. No building or improvement of any kind shall be constructed or
placed on any tract or lot in Sandia Heights South Unit 7 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 or as
revised by said Committee or the Grantor, or for any work done pursuant to the
requested changes or any plans and specifications.
Section
6: The exterior of all buildings on all lots and tracts
shall be completed according to plans approved by the Architectural Control
Committee within twelve (12) months of start of construction, except where
extensions of time are requested and granted by the Architectural Control
Committee or the Grantor.
Section 1: Drainage. Natural drainage channels shall not be changed by any construction.
On single family residential lots 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. Multi-family complexes shall be developed to provide on-site retention
of storm water run-off of 50% or more according to said standards. Remaining
run-off shall drain into existing channels as shown an the recorded plat of the
property.
Section
2: Conservation. Owners and
developers shall design all construction and landscaping to comply with
existing ecology and conservation standards.
Natural
vegetation shall be left undisturbed where practical on all tracts and lots
except as required 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 an any
lot or tract. No grouping of trees shall be planted to constitute a screen
except as specifically approved by the Architectural Control Committee.
Section
3: Roads and utilities. Access roads and utility easements are dedicated and
reserved as shown an 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 Tramway Blvd. NE other than those as shown an the plat of
the property. No utilities on lots or tracts within the property shall be
installed or maintained above ground, except during construction. All rights to
water, oil and natural gas underlying the property are reserved to the Grantor.
Section
4: Each living unit complex and commercial structure on
the property shall be provided with a method of sewage disposal consistent with
the master plan of sewage disposal for the property and otherwise meeting the
recommended standards of the appropriate governmental authority and approved by
the Architectural Control Committee. Garbage and waste shall be kept in covered
metal containers, screened from general view, and stored or disposed of in a
manner approved by the appropriate governmental authority. Outdoor privies are
prohibited except during construction.
Section
5: Butane and similar tanks shall
conform to appropriate municipal or state regulations and must be screened and
located so as not to detract from the appearance of any lot or tract.
Section
6: No wire fence, or party wall shall be maintained an
the property, except by Grantor on subdivision boundaries, and except for party
walls maintained between living units in multifamily complexes as approved by
the Architectural Control Committee.
Section
7: 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. In
the event any owner fails to remove the debris or unsightly material, the
Grantor may remove said debris or unsightly material and charge the cost
thereof including reasonable overhead charge against the owner thereof together
with interest. If such charge is not repaid to the Grantor within 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 10% per annum and the
Grantor may bring an action at law against the owner obligated to pay the same.
Such charge shall become a lien against the lot or tract concerned upon the
recording of a notice of lien and said lien may be foreclosed by the Grantor
against the property and interest costs and reasonable attorney's 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 delinquent including attorney's fees
and interest accrued thereon, a description of the property in respect to which
the delinquent amount is owing and the name of the record 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 record a further notice similarly signed and acknowledged satisfying said
lien and releasing the same. Each owner of any lot or tract by his acceptance
of a conveyance to 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 the 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 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 foreclosure sale as
provided by law in the foreclosure of mortgage liens. Said lien shall be
subordinate to the lien or charge of any prior mortgage or deed of trust for
value on said property.
Section 1: No trade
or offensive activity of any kind shall be carried on upon any residential lot
or tract nor shall anything be done on any lot or tract which shall constitute
an annoyance or nuisance to other owners and the property.
Section
2: No trash shall be burned on the premises except in
approved incinerators located indoors or within the service yard. No garbage
shall be burned. No barbecue or other outdoor cooking facility shall be located
thereon nearer than 10 feet from either side of the lot line unless made a part
of the building structure.
Section
3: No house trailer or boat shall be parked on any lot
except in designated locations approved by the Architectural Control Committee,
nor shall any trailer, basement, tent, shack, garage or other out building be
used as a residence temporarily or permanently.
Section
4: No commercial type vehicles, trucks or campers shall
be stored or parked on any residential lot or tract for an unreasonable period
of time (30 consecutive or 45 non-consecutive days or more) 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 pick-up 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 as 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 thirty 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 charge
shall become a lien upon the recording of a notice of lien and shall be
enforceable as provided in Article V, Section 7.
Section
5: No animals, livestock, poultry
of any kind shall be raised, bred or kept on any of said lots or tracts except
that dogs, cats or other household pets may be kept provided that they are not
kept, bred or maintained for any commercial purposes. Grantor reserves the
right to publish and record regulations, binding upon all owners, for
reasonable restraint of animals running loose within the property boundaries.
Section
6: No advertising signs (except one of not more than 5
square feet "For Rent" or "For Sale" sign per lot or
tract), billboards, unsightly objects or nuisances shall be erected, placed or
permitted to remain on any portion of said property, nor shall said property be
used in any way for any purposes which may endanger the health or unreasonably
disturb the owner of any tract within the boundary of Unit 7, provided however
that the foregoing covenant shall not apply to the business activities, signs
and billboards or the construction and maintenance of buildings, if any, of
Grantor, its agents or any purchaser from the Grantor, during the construction,
sale or lease of any apartments, town houses or complex of living units
provided however that such advertising signs shall be subject to the reasonable
control of the Architectural Control Committee and the privilege of displaying
such signs shall terminate upon completion of construction and sale or lease of
90%. of the living units in any town house or apartment complex.
Section
7: All clotheslines, basketball backboards, equipment,
garbage cans, service yards, woodpiles or storage piles shall be kept screened
by adequate planting or fencing so as to conceal them from view of neighborhood
residential units and streets. All clotheslines shell be confined to patio
areas.
Section
8: No refuse piles or other unsightly objects or
materials shall be allowed to be placed or remain upon any lot or tract on the
property. The Grantor or the Architectural Control Committee or their agents
shall have the right to enter upon said lands and remove such refuse piles or
other unsightly objects or materials at the expense of the owner (and such
entries shall not be deemed as trespass) upon due notice to lot owner and
failure of owner to comply. The cost of removal of such refuse piles or other
unsightly objects shall be charged by the Grantor against the owner and upon
failure of the owner to repay the Grantor for such charges, the charges shall
bear interest from the date of said notice at the rate of 10% per annum and the
Grantor may enforce payment thereof and said charges shall become a lien
against the premises upon recording of a notice of lien as provided in Article
V, Section 7 above.
Section
9: All utilities, driveways and structures constructed
within any tract or lot boundary shall be maintained and kept in repair by the
owner thereof. No owner shall do any act nor any work that will impair any
utility easement or do any act or allow any condition to exist that will
adversely affect owners of other lots or tracts.
Section
10: Easements for underground electrical, telephone and
water service may be crossed by driveways and walkways provided the owner or
builder makes prior arrangements with the utility company furnishing such
service. Such easements for underground service shall be kept clear of all
other improvements including buildings, patios or other paving, other than
crossing walkways or driveways and neither Grantor nor any utility company
using the easements shall be liable for any damage done by either of them or
their assigns, agents, employees or servants to shrubbery, trees, flowers or
other improvements of any owner located on the land covered by the easement.
Section
11: No single family residential lot may be subdivided
nor may any portion of any single family residential lot be sold except to
adjacent property owners for the purpose of increasing the size of adjacent
lots. No room or rooms in any single family residence may be rented or leased
to any person provided 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.
Section
12: No unshaded flood lights shall be maintained which
cause light to shine directly into the living units of any other residents on
the property.
Any part or all of the right,
title, and interest in the estate reserved by the Grantor herein or owned by
the Grantor 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
whenever the Grantor is hereby referred to such reference shall be deemed to
include its successors and assigns.
If the parties hereto or any
of them or their heirs, executors, administrators, successors, or assigns shall
violate or attempt to violate any of the covenants herein provided, any other
person or persons owning any lot or tract on said property, or the Grantor,
shall have the right to prosecute any action in the proper court to enjoin such
party of violating such covenant or to recover such damages for such violation
or both.
No
delay or omission on the part of the Grantor its successors or assigns or the
owners of other lots within the property, having a 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 or shall any action be brought or maintained by anyone
whatsoever against the Grantor, 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 any of these covenants, restrictions or reservations.
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.
WITNESS
the hand and seal of the undersigned this 29th day of November, 1972.
Pursuant to the provisions of
a certain real estate contract between JOHN F. SIMMS, JR. as Seller and SANDIA
The
within consent, agreement, and acquiescence by said Seller is for the purpose
of complying with the provisions of said contract and shall in no way be
construed as action by said Seller as a subdivider or developer of land for his
own account.
Dated
this 23 day of January 1973.
John
F. Simms, Jr.
STATE OF
The
foregoing instrument was acknowledged before me this 23 day of January 1973, by
John F. Simms Jr.
KNOW
"Section 2: Multi-family residential tracts.
No structure shall be erected, altered, placed or permitted to remain on any
multi-family residential tract other than an apartment, town house, condominium
or similar living unit with appurtenant recreational and service facilities.
The gross area of each and every complex of multi-family residential units
shall not exceed 40% of the gross land area, and the maximum number of single
family units shall not exceed 10 per acre. Gross area shall be defined as total
roof area of a dwelling including carport and/or garage plus enclosed patio,
enclosed yard area, enclosed walks, balconies and other areas enclosed by a
wall, fence or structure. Not included in the gross area are common areas
including but not limited to swimming pools, tennis courts, other recreation
areas, open walkways, driveways, parking areas, roadways, planted and natural
areas. No building or structure shall be located on any multi-family
residential tract nearer than 45 feet to the front property line or 25 feet to
the rear or any side property line."
Said
Declaration of Restrictions dated
DATED
this 22nd day of December, 1972.
This
Amendment amends that certain Declaration of Restrictions of SANDIA HEIGHT'S
SOUTH - UNIT 7, a Subdivision in Bernalillo County, New Mexico, dated
The undersigned, being the Owners of the property
affected by this Amendment, do hereby amend the Declaration of Restrictions as
originally filed, as follows:
Article II shall be deleted in its entirety and the
following substituted therefore:
Designation of Tracts:
Section
1: All lots in Tracts 3, 4 or 8 of the property are
hereby designated as single family residential lots.
Section
2: Tracts 2 and 7 of the property arc hereby designated
as Tracts which shall be subdivided into multi-family residential lots.
Section
3: Tract 1 of the property is hereby designated as a
commercial tract (C).
The
Declaration of Restrictions as originally filed shall be changed only as
specifically amended hereby and shall otherwise remain in full force and effect
and unchanged by this Amendment.