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 8 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 8 according to
the plat thereof filed in the Office of the County Clerk, Bernalillo County,
New Mexico on the 3rd day of December, 1974, 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 8, namely Tracts
1, 2, and 3, 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: "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
5: "Grantor" shall mean
and refer to Sandia Peak Tram Company, its successors and assigns.
Section
6: "Common areas" 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 2 or 3 of the property are hereby
designated as single family residential lots.
Section
2: Tract 1, of the property, is
hereby designated as a tract which shall be subdivided into multi-family
residential lots.
Section 1: Single family residential lots. No structures
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 multi-family 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 multifamily 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 be 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 multi-family residential
lots shall be a full two story structure. A two story structure is defined as
on which is two full stories above the natural grade of the lot on all sides.
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 either before the end of or as a result of the expiration of such ten
year term shall be filled by 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.
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 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 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 multi-family 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 8 or other subdivisions surrounding Unit
8 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 8 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 in 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 on 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 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 Tramway Blvd. N. E. other than those as shown on 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 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 he 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 on the property, except by Grantor on subdivision
boundaries, and except for party walls maintained between living units in
multi-family 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 charges 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 signed (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 8, 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 shall
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 owner 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.