Unit 7 Covenants (transcribed)

The contents below are transcribed from the original document filed with Sandoval County on October 13, 1970 make them easier to read and search. Photocopies of the original document can be viewed online for verification of the transcription.


RANCHOS DE PLACITAS
A SUBDIVISION
SANDOVAL COUNTY, NEW MEXICO
RESTRICTIVE AND PROTECTIVE COVENANTS
IMPOSED UPON LOTS FOR UNIT VII OF
RANCHOS DE PLACITAS
EXCEPT LOTS 13,14,15 AND 16
BLOCK IV AND LOT 20, BLOCK VII
A SUBDIVISION, SANDOVAL COUNTY, NEW MEXICO

KNOW ALL MEN THESE PRESENTS, THAT the undersigned being the present owners of UNIT VII of RANCHOS DE PLACITAS, A Subdivision in Sandoval County, New Mexico as shown on the plat of said Subdivision recorded in the office of the County Clerk of Sandoval County on the 13th day of October, 1970, does hereby declare the creation and existence of restrictive and protective
covenants in the said UNIT VII of said Subdivision, as follows, to wit:

  1. These restrictive covenants apply to all lots in Unit VII except Lots 13, 14, 15 and 16 in Block 4 and Lot 20 in Block 7.
  2. These covenants shall run with the land and shall be binding upon all parties and all persons claiming under them until October 14, 1990, at which time said covenants shall be automatically extended for successive period of ten (10) years unless by vote of a three-fourths (3/4 ths) majority of them, then the record owners of lots shall agree to change such covenants in whole or part.
  3. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real properties in said Subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either prevent him or them from so doing or to recover damages or other dues for such violation.
  4. Invalidation of any one of these Covenants by judgement of court order shall in no way effect any of the other provisions, which shall remain in full force and effect.
  5. All lots shall be known and described as residential lots.
    1. With the exception of those lots enumerated in Section 1 above, all lots shall be known and described as residential lots.
    2. With the further exception of Lots 6, 7, 8, 9, 10, 11, 12, and 13 in Block 7, no structure shall be erected, altered, placed or permitted to remain on any residential lot other than one (1) detached single family dwelling and related out-building, except that this provision shall not prevent the combination of two (2) adjoining lots for one such building. Lots 6,7,8,9,10,11,12, and 13 in Block 7 shall be classified for multiple dwelling use to permit one (1) building containing 1, 2, 3, or 4 dwelling units with a minimum of 1500 square feet of ground floor area exclusive of garages or porches no less than 750 square feet floor area per dwelling unit (e.g. single family – 1500 square feet, duplex – 1500 square feet, triplex – 2250 square feet and four apartments – 3000 square feet.
  6. No building shall be located on any residential lot nearer than seventy-five (75’) feet to the center of the road running along the front lot line, nor nearer than seventy-five (75’) feet to the center line of any side street. No building except a detached garage or other out-building located seventy-five (75’) feet or more from the center line of the road at the front lot line shall be located nearer that twenty-five (25’) feet to any side lot line. Further, no building shall be located on any residential lot nearer than fifty (50’) feet to any building conforming to these Covenants, situated on any adjacent lot, except with the written consent of the record owner of the adjacent lot. The developer retains the right to allow structures to be built within fifty (50’) feet from the center line of the road on those lots where the amount of usable building space on the lot is limited and the set-back is approved by the property owners of all contiguous lots.
  7. The ground floor area of the main structure, on any residential lot, exclusive of porches and garages, shall be no less than 1500 square feet. The maximum building height shall be seventeen (17’) feet, exclusive of chimneys, measured from the natural ground at the highest point adjacent to the building, except that higher structures will be permitted with the written consent of the record owners of all adjacent lots and lots across the street.
  8. All building on all residential lots shall be of good architectural design. Architectural design and style shall be of western style architecture typical of New Mexico. Permissible styles include: Pueblo, Territorial, Ranch, Adobe, Spanish. Plans for building must be submitted to developer for written approval prior to commencing construction.
  9. Garages and out-building shall conform in construction and design to the construction and design of the main building. Such garages and out-buildings shall be part of the plans which must be approved by the Developer as set forth in Paragraph 8.
  10. Any building erected on any lot of this Subdivision shall present a good appearance on all streets.
  11. No trailer, basement, tent, shack, garage or other out-building erected on any lot shall, at any time, be used as a residence, temporarily or permanently.
  12. All buildings are to be finished as to exterior within nine (9) months from start of construction.
  13. No business, trade or offensive activity of any kind shall be carried on upon any residential lot nor anything be done on any lot which may be or become any annoyance or nuisance to the neighborhood. The developer retains the right of maintaining a sales office on any lot for purposes of selling or managing properties within the subdivision.
  14. Butane tanks and water-storage tanks must conform to state regulations and will be located so as not to distract from the appearance of any lot.
  15. Garbage cans, butane tanks, woodpiles, clothes lines and other similar items shall be located in enclosed places as that they will not be unsightly to neighbors or passers-by.
  16. Outdoor privies are forbidden and each residence shall be provided with a method of sewage disposal meeting all requirements contained in the Federal Housing Administration Minimum Standards in effect at the time of construction or meeting the recommended standards of Bernalillo County Health Department (for Bernalillo and Sandoval counties). Garbage and waste shall be kept in a covered metal container and shall be stored and disposed of in a manner approved by the Bernalillo County Health Department.
  17. No livestock, except household pets or riding horses shall be kept on the premise, and under no condition shall any chickens or other poultry be kept on said premises. In no case will a nuisance of any type be maintained.
  18. Dogs shall not be permitted off the property of their owners unless properly restrained.
  19. No windmills or wind chargers will be erected on any lot.
  20. Access roads, to be provided by developers of this Subdivision will be as follows:
    1. The main entry road, to be known as Juniper Road will be a minimum of twenty (20’) feet crowned driving surface with a seven (7’) drainage ditch on each side, except for arroya crossings. Substantial all weather crossings of adequate dimensions will be provided for all arroyas crossed by the Subdivision access roads.
    2. All other roads will be of the minimum dimensions described.
  21. Natural vegetation will be left undisturbed except for access to the property, clearing of building sites, or establishment of lawns and flowers within the immediate vicinity of the dwelling.
  22. Easements are reserved for utility installation and maintenance as indicated on the above described plat.
  23. No residential lot may be subdivided nor may a portion of a residential lot be sold unless the lot contains four (4) or more acres and any parcel resulting from the division contains at least two (2) acres.
  24. No on-street parking shall be permitted and owners of residential structures whether single family or multi-family, shall provide adequate off-street surfaced parking for residents residing in said dwelling. Set-back for parking spaces shall be the same as
    required elsewhere herein for the dwelling structure.

EQUITY MANAGEMENT CO.
V. Karl Kortemeir, President
Recorded October 26, 1970