DECLARATION OF COVENANTS, RESERVATIONS
AND RESTRICTIONS FOR
A Subdivision in
Note: An amendment to Item 7
[Building Location] that was filed on
KNOW ALL MEN BY THESE PRESENTS:
THE STROSNIDER COMPANY, a New Mexico corporation having its principal place of business at Albuquerque, New Mexico, being the owner of Lots 1-36, Block 4; 1-13, Block 5, of Vista Four Hills Subdivision, a Subdivision in Bernalillo County, New Mexico, the plat thereof being filed in the office of the County Clerk of Bernalillo County on the 25th day of May, 1979, has established a general plan for the improvement and development of such premises, and does hereby establish the covenants, conditions, reservations and restrictions upon which and subject to which all lots and portions thereof shall be improved or sold and conveyed by it as Owner thereof. Each and every one of these covenants, conditions, reservations, and restrictions is and all are for the benefit of each owner of land in such subdivision, or any interest therein, and shall inure to and pass with each and every parcel of subdivision, and shall apply to and bind all subsequent owners thereof. These covenants, conditions, reservations and restrictions are and each thereof is imposed upon such lots, all of which are to be construed as restrictive covenants running with the title to such lots and with each and every parcel thereof, to wit:
No lot shall be split or further subdivided so as to reduce the area thereof.
No lot or any portion thereof shall be used except for single family, residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family residential dwelling, with an attached private garage for no fewer than two, nor more than three cars. No portion of any building shall exceed twenty-six feet (26’) in height above highest finished grade of residential lot, except for chimneys and televisions antennae of reasonable size.
Any lot or portion thereof may be used as a sales office, model home complex, or storage and construction yard during the construction and sales period. All temporary uses as defined herein must have the prior approval of the Architectural Control Committee, which shall establish the requirements therefor.
No building, garage, fence, wall, basement, outbuilding or other structure of any kind, whether permanent or temporary, shall be erected, placed or altered on any lot until 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 materials, harmony of external design and existing structures, and as to the location of the building with respect to topography, set-back requirements and finish grade elevations. All construction, whether new construction, alterations, additions or remodeling, shall be completed within six (6) months from the date of commencement. No lot shall be used for the storage of materials for a period greater than thirty (30) days prior to the start of construction and during the construction period. All lots shall be maintained in a neat, orderly condition at all times. No existing building shall be altered, remodeled or changed until the plans for such change, alteration or remodeling have been approved by the Architectural Control Committee. No garage may be used as a residential area, and may not be used or altered to a size smaller than is necessary to accommodate two full-sized automobiles, without the prior written consent of the Architectural Control Committee. No clothes lines or paraphernalia for outside drying of clothes will be permitted.
No antennae (amateur radio, citizen’s band radio, or other, except television antennae of reasonable size), shall be erected upon any lot or dwelling exterior without the prior written approval of the Architectural Control Committee.
The heated floor area within the structure of any dwelling, exclusive of porches, garages or other appurtenant structures, shall be not less than 2,000 feet. In the case of residences of more than one story, not less than 1,000 square feet shall be within the ground floor area. In cases of multiple-level dwellings, the Architectural Control Committee shall determine what constitutes ground floor area as distinguished from basement or non-ground floor areas.
No building shall be located on
any lot in such a manner as to violate the City of
No noxious or offensive activity
or use contrary to the laws of the
No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot except dogs, cats, or other non-exotic household pets. No animal, fowl, fish or reptile of any kind may be kept, bred, or maintained for any commercial purpose.
No sign of any kind shall be displayed to the public view on any lot except one non-illuminated sign of not more than five (5) square feet, advertising the property for sale or rent. Additional signs may be used by a builder or realty office to advertise the property during the construction and sales period, subject to the prior approval of the Architectural Control Committee as provide3d in Paragraph 13 hereof.
No structure of a temporary character (motor home, camper trailer, boat, recreational vehicle, tent, shack, garage, barn, storage shed or other outbuilding), shall be stored, used, erected or constructed on any lot without the prior approval of the Architectural Control Committee. In no case shall any of the above mentioned structures be used as a residence, either temporarily or permanently. No campers, house trailers, motor homes, recreational vehicles, or trucks over ¾ ton shall be stored or parked on any lot except while parked in a closed garage. No boat of any kind may be stored on any lot except while parked in a closed garage, or back yard of reasonable size with appropriate screening or fencing. No vehicles of any type may be repaired on any lot except while parked in an enclosed garage.
Owners of vacant lots and owners of residences will be responsible for keeping their lots cleared of all weeds, trash, or other detracting condition.
The Architectural Control Committee is composed of Lloyd N. Strosnider and Timothy J. Strosnider. Upon the death, resignation, or removal of any member of the Committee, the remaining member shall have full authority to designate a successor. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services rendered pursuant to this covenant. Any members of the Committee may be removed at any time by a majority of the Committee, with or without cause. The Architectural Control Committee shall be authorized to designate an individual or individuals to take any action which could be taken by the Committee as a whole.
All requests for approval shall be submitted to the Committee in writing, together with all documentation reasonably necessary for the Committee to act on the request. The Committee may request additional information should the same be deemed necessary.
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 ten (10) days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction of projects previously submitted to the Architectural Control Committee 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.
Each individual member of the Architectural Control Committee employed by or associated with the Strosnider Company shall become disqualified to serve on the Architectural Control Committee upon termination of such individual’s relationship with The Strosnider Company, and shall thereafter have no further rights or obligations thereto; and each such person shall conclusively be deemed to have resigned from the Committee one hundred eighty (180) days after the date The Strosnider Company conveys title (legal or equitable) to its last remaining residential lot affected by the restrictions.
The Strosnider Company shall endeavor to give notice of such resignations by recording in the county record in which these restrictions are filed a notice of such resignation; and shall cause the same to be published as a legal notice in a newspaper of general circulation in the county in which the subdivision is located. Such notice shall be given as soon as practicable after the conveyance of the last parcel, as specified above; however, failure to give such notice shall not extend the term of any member of the Committee, nor shall The Strosnider Company be liable therefor.
In the event no members remain on the Architectural Control Committee, new members to the Committee can be chosen in the following manner: upon the written request of ten percent (10%) of the owners of lots within the subdivision, a meeting shall be held for the purpose of selecting one or more members to the Committee. Reasonable diligence shall be used to notify the persons owning lots within said subdivision of the time and place of the meeting, and the purpose thereof.
At such meeting, up to three persons may be selected as members of the Committee. Each lot owner shall have one vote, and the three persons receiving the most votes shall be selected as members of the Committee.
These protective covenants and reservations are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to terminals [sic] said covenants or amend the same in whole or in part.
Enforcement to restrain violation or to recover damages shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant herein, and may be brought by the owner or owners of any part of such land or having any interest therein, whether acting jointly or severally. The Architectural Control Committee shall not be obligated to enforce any covenant through legal proceedings.
Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
Fences and walls shall be in conformance with all applicable zoning and building ordinances, and any other public ordinances pertaining thereto; and in addition, no fence or wall shall be erected closer to the front property line than the front of the building, except necessary retaining walls of minimum height. All walls and all fences shall be of the height and material as approved by the Architectural Control Committee.
No fence, wall hedge or shrub planting which obstructs sight lines at elevations between three feet (3’) and eight feet (8’) above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25’) from the intersection of the street lines, or as in the case of founded property corners, from the intersection of the street property lines extended. No tree shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
No lot may be landscaped or regarded in such a manner as to cause the drainage characteristics of the lot to differ significantly from the approved drainage plan. If the existing drainage characteristics must be modified, under no case shall they be modified in such a way as to cause damage to adjacent properties.
Until the Architectural Control Committee is deemed to have resigned pursuant to Paragraph 13 hereof, The Strosnider Company shall have the authority to unilaterally change, amend or modify these covenants, provided such change, modification or amendment does not materially change the character or quality of the lots subject to these covenants and does not materially increase the number of lots within the described area. In addition, amendments and/or exceptions to these restrictions, covenants and reservations may be made upon written approval of eighty percent (80%) of the owners of lots in said subdivision, with the owners(2) {sic] of each lot being entitled to one vote.
These restrictions, covenants and
reservations and any amendments or exceptions thereto shall be effective as of
the date of their filing with the
Dated at
Signed by Lloyd N. Strosnider,
President of The Strosnider Company, a New Mexico Corporation.