RESERVATIONS,
COVENANTS AND RESTRICTIONS
The Reserve at Four Hills
The
land above described will be shown on a plat as the "The Reserve at Four
Hills", in the Office of the
1.
DEFINITIONS
The
word "lot" as used herein is intended to refer to the single pieces
of parcels of land shown as lots on the plat of said Addition, to be 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
its greater dimensions; but the Architectural Control Committee reserves the
right to designate the street on which any corner lot shall be deemed to front.
The
word "residence" as used herein with reference to building lines
shall include, galleries, porches, porte-cocheres,
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 plat of said Addition filed in the
Office of the
2.
USE OF LAND
No
lot shall ever be used for any purpose other than a single-family residence
purpose. No dwelling house located thereon shall ever be used for other than
single-family residence purposes, nor shall any outbuilding or structure
located thereon be used in a manner other than incidental to such family
residence purposes. The erection or maintenance 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.
Lots
numbered, 1- P1 though 10-P1 and Lots 19-P1 through 36-P1, all of Block One
have rear yards adjacent to the real yards of existing houses that face Rio
Arriba Avenue and Raton Avenue, and shall be limited to one-story,
single-family homes. This restriction cannot be modified or changed by the
Architectural Control Committee at any time. This restriction shall remain in
full force so long as these reservations, covenants and deed restrictions are
in effect. Each of these lots has a rear yard drainage easement. It is the
responsibility of the individual homeowner to maintain this drainage easement.
Only
one single-family residence shall be constructed or permitted on any lot.
No
garage or outbuilding on any lot shall be used as a residence or living
quarters, except by servants engaged as such on the premises, and said
outbuilding must be planned as such. No servants shall be quartered on the
premises without the express permission of the Architectural Control Committee.
3.
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 setback 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.
4.
ARCHITECTURAL CONTROL COMMITTEE
The
Architectural Control Committee shall be composed of members appointed by the
builder/developer until the development is completely built-out and sold.
Thereafter, they will be members of the Four Hills Village Homeowners'
Association (FHVHA) as appointed by and under the direction of the FHVHA
Director of Architectural Control. During the builder/developer phase, the
members of the Architectural Control Committee shall be Eric Sanchez, Robert
Lupton and J. Kevin Sivage.
5.PROCEDURE
The
Architectural Control 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 thirty (30) days after
plans and specifications have been submitted to it, or in any event if no suit
to enjoin construction 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.
6.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 frontage on all streets on which the
particular corner lot faces.
7.
SET BACK FROM SIDE STREET AND ADJOINING
No
residence, outbuilding, structures, improvement or obstruction of any character
(fence, hedge, bushes and trees excluded), shall be erected or maintained on
any of said lots nearer than approved City of Albuquerque setback -guidelines
to an adjoining street, and no residence, outbuilding, structure, improvement,
or obstruction of any character (fence, hedge, bushes or trees excluded), shall
be erected or maintained on any of the said lots nearer than a distance equal
in distance to ten percent (IO%) of the total distance from a point on the side
line nearest to the residence measured to the opposite side line at a point on
said opposite side line that is nearest to the opposite side of the residence.
The Architectural Control Committee may vary the sideline restrictions from lot
to lot as it might deem necessary. In the event of a corner lot, the setback
restrictions will prevail as to the one street only.
Storage
buildings are included as outbuildings and must adhere to the above set back
requirements and must be compatible with the primary dwelling.
Sivage-Thomas
Homes, Inc. reserves to itself and the Architectural Control Committee for
either to change the building lines on 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.
However,
in the case of houses with two or more floors (not to include split levels),
taking into consideration obstructing view of adjoining or facing lots,
Sivage-Thomas Homes, Inc. reserves the right to change in writing the building
lines shown on the plat filed in the Office of the County Clerk of Bernalillo
County, New Mexico, or the setback from the sidelines hereinabove indicated, of
any lots 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.
8.
FENCES, HEDGES, WALLS, BUSHES AND TREES
Fences,
hedges, bushes and trees can be built or 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 plat filed in the
Office of the County Clerk of Bernalillo County, New Mexico, to be dedicated
for use as public streets or on which any easement has been served.
Fences
will be built in keeping with the structural design of the dwelling house and
shall be subject to the approval of the Architectural Control Committee.
9.
MINIMUM AREA OF RESIDENCE
No
residence shall be erected on any lot of said "The Reserve at Four
Hills", which at the time of construction shall consist of less than 1,800
square feet of heated living floor space.
By "floor
space" as that term is used above, is meant the floor area of the
residence structure only, exclusive of the floor area of outbuildings,
servants' 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.
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.
10.
PUBLIC UTILITIES
No
outbuilding or other permanent structure shall be erected or maintained over
any easement as shown on the plat of the Addition reserved for the purpose of
constructing, maintaining or supplying of public utilities in the Addition.
11.
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 thirty (30) square inches in size.
No
trash, or ashes, paper or other refuse may be thrown or dumped in any vacant
lot in this Addition.
In
no event shall any trailer, house-trailer, camper, camper body, camper mounted
on pick-up or truck, camper-trailer, boat, boat and trailer, or any movable
structure or thing except a passenger automobile or unloaded pick-up truck ever
be parked or placed on any lot or in driveways for more than seven (7)
consecutive days, nor shall any utilities be connected from any residence or
structure in this subdivision to any trailer-house for any purpose. .
No
fowl, hogs, 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 be raised for
commercial purposes and all birds allowed must be maintained within the
residence of any lot.
Owners
of vacant lots and owners of residences 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.
Antennas
of any kind shall not exceed the height of the primary structure. Satellite
dish antennas shall be placed so that they do not unduly obstruct the view of
adjoining property nor should they exceed 24 inches in
width.
12.
GENERAL PROVISIONS
Sivage-Thomas
Homes, Inc. 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 Sivage-Thomas Homes,
Inc. conveying said property, or any part thereof, to all such intents and
purposes as though incorporated in full thereof; and each such contract 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 by the property owners 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 remain in
full force and effect.
13.
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 Sivage-Thomas Homes, Inc. 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 or part thereof;
and Sivage-Thomas Homes, Inc., 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 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 any one or more owners thereof, be deemed
a waiver of the right to enforce them as to any and all other lots and owners.
Sivage-Thomas
Homes, Inc. specifically reserves the right to correct any breach of these
restrictive covenants, including, but not limited to, moving structures,
cleaning, removing trash or other detracting impedima,
the cost of which shall constitute a lien upon the property and which shall be
enforceable as any other labor, mechanical or materialman's
lien.
The
Architectural Control Committee shall have the same rights as Sivage-Thomas
Homes, Inc. or any individual to enforce these restrictive covenants.
14.CHANGES
Sivage-Thomas
Homes, Inc. or a majority of the Architectural Control Committee may from time
to time make amendments to these Reservations, Covenants, and Restrictions,
without the consent of any of the owners of any of the other lots of the
subdivision.
15.
DURATION
All
of the Restrictions and Covenants herein set forth shall continue and be
binding upon Sivage-Thomas Homes, Inc., 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 twenty-five (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 fifteen (I 5) years
each; provided, however, that any time within five (5) years prior to the
expiration of the first twenty-five (25) year period, or within five (5) years
of the expiration of any fifteen (I 5) year period thereafter, the owners of
the legal title to the lots having at the time more than fifty percent (50%) of
the area above described 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 twenty-five (25) year period or at the end of any
successive fifteen (I 5) year period, by executing and acknowledging a proper
agreement or agreements in writing for such purpose, and filing same for record
in the manner required for the recording of land instruments.
Declarant:
SIVAGE-THOMAS
HOMES, INC.
___________________
John
Hardin, President
_________________
Date