RESERVATIONS, COVENANTS AND RESTRICTIONS
Recorded Book D-495, Page 473
Lots 25 through 31, inclusive, of Block 9;
Lots 1 and 2, of Block 14
Lots 1 through 9, inclusive, of Block 17 and Blocks 15 and 15, of
FOUR
(THIRD INSTALLMENT)
Additions
to the City of
The land shown on the plats
of said Addition filed in the Office of the
I
DEFINITIONS
The word “lot” as used herein is intended to refer to the single pieces
or parcels of land shown as lots on the plats of said Addition filed in the
Office of the
A corner lot is one which abuts on more than one street, and in the absence of any other designation shall be deemed to front on the street on which it has is [sic] larger dimensions; but FOUR HILLS DEVELOPMENT CORPORATION reserves the right, through its ARCHITECTURAL CONTROL COMMITTEE, to designate the street on which any corner lot shall be deemed to front.
No building shall be located on any lot nearer to the front lot line than the building set back lines shown on the recorded plat and designated “B L”. [sic]
The word “residence” as used herein with reference to building lines shall include galleries, porches, portcocheres, steps, projections, and every other permanent part of the improvements, except roofs.
The word “street” as used herein shall include any street, drive,
road, lane, path, or public way as shown on the plats of said Additions filed
in the Office of the
II
USE OF LAND
No lot shall ever be used for any purpose other than single family residence purposes. No dwelling house located thereon shall ever be used for other than single family residence purposes, nor shall any out building or structure purposes. The erection and/or maintenance and/or use of any building, or the use of any lot for other purposes, including, but not restricted to such examples as stores, shops, flats, duplex houses, apartment houses, rooming houses, tourist courts, schools, churches, hospitals, and filling stations is hereby expressly prohibited.
Only one single family residence shall be constructed or permitted on any lot.
No garage or out building on any lot shall be used as a residence of living quarters, except by servants engaged as such on the premises, and said out building must be planned as such.
III
ARCHITECTURAL CONTROL
No building shall be erected, placed or altered on any lot until the construction plans and specifications, and a plan showing the location of the structure have been approved by the ARCHITECTURAL CONTROL COMMITTEE as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevations. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building set back line unless similarly approved. The use of the term “building” in this paragraph shall specifically include other substantial improvements such as fences, walls, retaining walls, and driveway copings, exceeding six inches in height, whether temporary or permanent in nature.
No shrubs, trees or bushes shall be allowed to grow to a height which unduly restricts the view of adjoining property, ad [sic] the ARCHITECTURAL CONTROL COMMITTEE, in its discretion after an investigation, may require any such offending shrub, tree or bush to be pruned, trimmed or removed.
IV
ARCHITECTURAL CONTROL
COMMITTEE
The ARCHITECTURAL CONTROL COMMITTEE shall be composed of:
William D. Brannin
Harry T. Driver
Jack Jones
James S. Liberty
Marshall J. Wylie
A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor.
V
PROCEDURE
The Committee’s approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event if no suit to enjoin consutruction [sic] has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
VI
FRONTAGE
Every residence erected on any lot shall face and present a good frontage on the street on which the lot is deemed to front.
Residences on corner lots shall have a presentable frontgage [sic] on all streets on which the particular corner lot faces.
VII
SET BACK FROM SIDE STREET
AND ADJOINING
No residence, out building, structure, improvement or obstruction of any character, (fence, hedge, bushes and trees excluded), shall be erected or maintained on any of the said lots nearer than 20 feet to an adjoining street or an adjoining lot, except Lot 18 in Block 9, on the South side only, Lot 19in Block 9, Lot 23 in Block 9, on one side only, Lot 30 in Block 9, Lots 4 and 5 in Block 16, where the side-line restrictions can be less than 20 feet to the adjoining lot or street, but in no case can it be located less than 10 feet to the adjoining lot or street. However, in the case of houses with two or more floors (not to include split levels), taking into consideration obstructing views of adjoining or facing lots, FOUR HILLS DEVELOPMENT CORPORATION reserves the right to change in writing the building lines shown on the plats filed in the Office of the County Clerk of Bernalillo County, New Mexico, on June 24th, 1959, or the set back from the side lines hereinabove indicated, of any lot so long as it holds legal title to such lot, and likewise reserves the right to change the same after it has parted with such legal title, provided, the consent of the owner of such title is first obtained.
VIII
FENCES, HEDGES, WALLS,
BUSHES, AND TREES
Fences, hedges, bushes and trees may be built of planted nearer the street and side lines than the building lines above indicated, but in no event shall any such be built, planted or maintained on any land shown on the plats filed in the Office of the County Clerk of Bernalillo County, New Mexico, on the 24th day of June, 1959, to be dedicated for use as a public street, or on which an easement has been reserved for bridle paths. Fences will be of a rail variety not to exceed 36 inches in height on the street side. Artistic, rustic, and colonial gates will be permitted only upon approval of the ARCHITECTURAL CONTROL COMMITTEE.
The purchasers of lots which adjoin the Country Club property will erect a white rail fence as per specifications submitted by FOUR HILLS DEVELOPMENT CORPORATION, said fence not to exceed 44 inches in height along the property line separating the Country Club property from the individual lot, said fence to run from lot line to lot line and be continuous along all lots adjoining Country Club property. Further, there will be no wall or solid fence built along the individual lot line from the Country Club property for a distance of 20 feet. However, a rail fence, the same as that described above, or a planted hedge can be permitted to grow to a height not exceeding 40 inches. Individual lot purchasers shall be responsible for the maintenance and painting of the fences herein described.
IX
MINIMUM AREA OR [sic]
RESIDENCES
No residence shall be erected on any lot which at the time of construction shall consist of less than 2,000 square feet of floor space.
By “floor area” as that term is used above, is meant the floor area of the residence structure only, exclusive of the floor area of out buildings, servant’s quarters, garages, or similar buildings, even though attached to the main dwelling, and exclusive of the floor area of porches, covered or uncovered, basements, attics, etc., [sic]
No residence or building of any other character may be moved from a location outside this area covered by this dedication to any lot herein included.
Bridges over arroyos may be constructed only with the approval of the ARCHITECTURAL CONTROL COMMITTEE.
X
PUBLIC UTILITIES
No out building or other permanent structure shall be erected or maintained over any easement as shown on the plats of the Additions reserved for the purpose of constructing, maintaining and supplying of public utilities in the Additions.
XI
MISCELLANEOUS
The construction or maintenance of bill-boards, poster-boards, or advertising structures of any kind on any part of any lot is prohibited, except that architects and builders may display a sign with their name and insignia thereon during construction. Said sign not to exceed 30 inches square inside.
No trash, or ashes, paper or other refuse may be thrown or dumped in any vacant lot in this Addition.
No trailer, house-trailer, or car, or other movable structure shall ever be parked or placed on any lot for use as a residence, servant’s quarters, or out building. Even though not in use, same must not be parked on any lot or in driveways, nor shall any utilities be connected from any residence or structure in this subdivision to any trailer-house for any purpose.
No fowl, hogs, pigs, horses, rabbits, cows, sheep, goats, or other livestock or animals shall ever be raised or kept on any lot in this subdivision, with the sole exception of dogs and cats.
Fowl of the canary or parakeet variety may be raised or maintained on any lot as a pet. No cats, dogs or birds allowed under this covenant shall ever be raised for commercial purposes and further all birds allowed must be maintained within the residence of any lot.
Owners of vacant lots will be responsible for keeping their lot cleared of all weeds, trash and all other detracting impedima, keeping in mind the beautification of the Addition.
XII
GENERAL PROVISIONS
FOUR HILLS DEVELOPMENT CORPORATION may include restrictions, other than those set out herein, in any contract or deed to any lots without otherwise modifying the general plan above outlined, and such other restrictions shall inure to the benefit of and bind the respective parties in the same manner as though they had been expressed herein.
The restrictions herein set out shall be referred to, adopted and made part of each and every contract and deed executed by and on behalf of FOUR HILLS DEVELOPMENT CORPORATION conveying said property, or any part thereof, to all such intents and purposes as though incorporated in full thereof; and each such contract and/or deed shall be conclusively held to have been so executed, delivered and accepted upon the express conditions herein stated.
All lots shall be kept clean and maintained during the course of construction.
All of the restrictions, covenants and reservations and charges appearing herein as well as those appearing in any contract, deed or other conveyance, to or covering any part of this property, shall be construed together, but if any one of the same shall be held to be invalid, or for any reason is not enforced, none of the others shall be affected or impaired thereby, but shall remaining full force and effect.
XIII
RIGHT TO ENFORCE
The restrictions herein set forth are imposed upon each lot for the benefit of each and every other lot, and shall constitute covenants running with the land, and shall inure to the benefit of and be binding on FOUR HILLS DEVELOPMENT CORPORATION, its successors and assigns, the individuals comprising such corporation, their assigns, and each and every purchaser of and person acquiring any interest in any part of such land, their assigns, and all persons acquiring any of the land covered by these restrictions shall be taken to agree and covenant to conform to and observe all such restrictions as to the use of said land (no restrictions or covenants herein set forth shall be binding on any corporation, person or persons, except in respect to breaches committed during the time such corporation, or persons, owns or has an interest in said land and/or part thereof); and FOUR HILLS DEVELOPMENT CORPORATION, its successors and assigns, and the stockholders hereof, their heirs, assigns, executors, and administrators, and the owner or owners of any part of such land and of any interest therein, acting jointly or severally, shall have the right to sue for and obtain an injunction, to prevent the breach of, or to enforce the observance of, the restrictions, and covenants above set forth in addition to the ordinary legal action for damages, and the failure of any or all of such persons to enforce any of the restrictions or covenants herein set forth at the time of its violation, shall in no event be deemed to be a waiver of the right to do so at any time thereafter, except as herein specifically set out, nor shall the failure to enforce such restrictions as to any one or more lots, or as to anyone [sic] or more owners thereof, be deemed a waiver of the right to enforce them as to any and all other lots and owners.
XIV
DURATION
All of the restrictions
and covenants herein set forth shall continue and be binding upon FOUR HILLS
DEVELOPMENT CORPORATION, its successors and assigns, the individual stockholders
thereof, and their heirs, assigns, executors and administrators, and all
parties claiming by, through, or under it, or them, for a period of 25 years
from the date this instrument is filed for record in the Office of the County
Clerk of Bernalillo County, New Mexico, and shall automatically be extended
for successive periods of 15 years each; provided, however, that at any time
within five years prior to the expiration of the first 25 year period, or
within 5 years of the expiration of any 15 year period thereafter, the owners
of the legal title to the lots having at the time more than 50% of the area
shown on the plats filed in the Office of the County Clerk of Bernalillo County,
New Mexico, and covered by this dedication, may provide for the release of
any and all of the lots hereby restricted, from any one or more of said restrictions
and covenants at the end of the first 25 year period or at the end of any
successive 15 year period, by executing and acknowledging a proper agreement
or agreements in writing for such purpose, and filing same for record in
the manner then required for the recording of land instruments.