UNIT
1
PROTECTIVE COVENANTS IMPOSED UPON LOTS IN
BLOCKS
NUMBERED 1 – 10 INCLUSIVE, OF THE
GLENWOOD HILLS
ADDITION TO THE CITY OF
WHEREAS, the undersigned present
owner of all of the lots in Blocks numbered One (1) to Ten (10), inclusive in
Glenwood Hills Addition to the City of
Albuquerque, New Mexico, has herewith filed a plat and dedication thereof in
the office of the County Clerk and Ex-Officio Recorder of Bernalillo County,
New Mexico; and
WHEREAS, it is the desire and
intention of the undersigned to create and establish and there is hereby
created and established by these presents a general building plan for all of
Blocks Four (4) and Six (6); all of Block
Seven (7), except Lot 33; Lots 1
through 21, inclusive, in Block Five (5);
Lots 1 through 11, inclusive,
Lots 23 through
26, inclusive and Lots 31 through 43, inclusive in Block Eight (8); Lots 1 through 8, inclusive, Lots 11 through
17, inclusive in Block Nine (9); and
Lots 1 through 15, inclusive, Lots 19 through 31, inclusive in Block Ten (10),
inuring to the benefit of, and creating correlation duties in the undersigned
and all subsequent purchasers and grantees from any of the undersigned having
as its objective the establishment, creation and maintenance of a high class
and type residential district; and
WHEREAS, it is the intention of the
undersigned by this declaration of building restrictions to charge the herein
described premises with said building restrictions and subsequently created
buildings restrictive covenants hereinafter set forth.
NOW, THEREFORE, the undersigned,
being the owner of all of the lands now affected by the filing of the plat of
Blocks One (1) to Ten (10), inclusive in Glenwood Hills, an Addition to the
City of Albuquerque, Bernalillo County, New Mexico, on even date herewith:
There is hereby created and
established a building plan for the improvements of said subdivision and to be
followed in the erection of said subdivision and to be followed in the erection
of any dwelling places or buildings hereinafter allowed to be constructed for
use in connection therewith and for use and occupancy of any of the premises
which hereafter shall be granted and conveyed by the undersigned; said common building plan and development
project shall consist of the following listed building restrictions which upon
acceptance of a deed to any lot in said subdivision shall ripen into
restrictive covenants which shall run with the land and to be approved, accepted
and assumed by all grantees of said premises of the undersigned and the heirs
and assigns of said grantees; all the
premises described in and appearing on the plat of Blocks numbered One (1) to
Ten (10), both inclusive of Glenwood Hills, an Addition to the City of
Albuquerque, New Mexico, recorded coincident herewith, except as to Blocks 1,2
and 3 and Lot 33 of Block 7 of said Subdivision are hereby charged with the
said building and development plan and restrictions in the following manner and
particulars, to-wit:
1.
These
covenants are to run with the land and shall be binding on all parties and all
persons claiming under them until January 1, 1982, at which time said covenants
shall be automatically extended for successive periods of ten years, unless by
vote of a majority of the then owners of the lots it is agreed to change said
covenants in whole or in part.
2.
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 property situated in said development
or 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 to prevent him or them from so doing or to recover damages or other dues
for such violation.
3.
Invalidation
of any one of these covenants by judgment or court order shall in no wise
affect any of the other provisions which shall remain in full force and effect. All lots as shown on the plat recorded
coincident herewith, except all of Blocks1,2 and 3 and Lot 33 of Block 7 shall
be known and described as residential lots.
4.
No
structures shall be erected, altered, placed or permitted to remain on any
residential building plot other than one detached single-family dwelling and
related outbuilding, one of which shall contain a double garage which much be
maintained as such.
5.
No
building shall be erected, placed or altered on any building plot in this
subdivision until the building plans, specifications and plot plan showing the
location of such building have been approved in writing as to conformity and
harmony of external design of existing structures in the subdivision and as to
location of the building with respect to topography and finished ground
elevation, by a committee composed of Forrest L. Brown, Kenneth W. Larsen and
Robert L. Johnsen, or a representative designated by a majority of the members
of this committee. In the event of death
or resignation of any member of said committee, the remaining member or members
shall have full authority to approve or disapprove such design and location or
to designate a representative with the like authority. In the event said committee or its designated
representative fails to approve or disapprove such design and location within
thirty days after said plans or specifications have been submitted to it or in
any event if no suit to enjoin the erections of such buildings or the making of
such alterations has been commenced prior to the completion thereof, such
approval will not be required and this covenant will be deemed to have been
fully complied with. Neither the members
of such committee, nor its designated representative, shall be entitled to any
compensation for services performed pursuant to this covenant. The powers and duties of such committee, and
of its designated representative, shall cease on and after January 1,
1982. Thereafter the approval described
in this covenant shall not be required unless, prior to said date and effective
thereon, a written instrument shall be executed by the then record owners of a
majority of the lots in this subdivision and duly recorded appointing a
representative or representatives, who shall thereafter exercise the same powers
previously exercised by said committee.
[Extended to January 1, 2002 by a majority of record owners in December
1981]
6.
No
building shall be located on any residential building plot nearer then 30 feet
to the front lot line, nor nearer than 25 feet to any side street line nor
nearer than 7 1/2 feet to any side lot line.
7.
No
walls or hedges of a height more than two and one half feet shall be placed in
front of any lot in this subdivision.
8.
The
minimum lot width at the front building line shall in all events be no less
than 80 feet.
9.
No
business, trade or offensive activity of any kind shall be carried on upon any
residential lot nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood.
10.
No trailer, basement, tent, shack, garage, or
other outbuilding erected in the tract shall at any time by used as a residence
temporarily or permanently, nor shall any structure of a temporary character by
used as a residence.
11.
The ground floor area of the main structure,
exclusive of porches and garages, shall be no less than 1500 square feet.
12.
An easement is reserved over the rear of each
lot of the subdivision for utility installation and maintenance, as more
specifically shown on the plat thereof.
Also certain valuable considerations are hereby granted to Mountain
States Telephone and Telegraph Co. and the Public Service Company of New
Mexico, to their successors and assigns, the right, privilege and authority to
construct, operate and maintain their lines and pipes, cables, wires and
fixtures upon, over and across the property which the undersigned owns, or in
which the undersigned has an interest, as more specifically shown on the plat
of said addition recorded coincident herewith and upon and along the roads,
streets, or highways which adjoining the said property, with the right to
permit the attachment of the wires and fixtures of any other company, and the
right to trim any trees along said lines so as to keep the wires cleared at
least forty-eight inches, to erect and set the necessary guy and brace poles
and anchors and to attach thereto the necessary guy wires. This right of way grants only the right,
privilege and authority to place the necessary anchors and associated guy wires
and poles and wire or cable within the easement shown.
13.
Garages
and outbuildings shall conform in construction and design to the construction
and design of the main building.
14.
No house on the property shall remain
unfinished for longer than nine (9) months, following the date of commencement
of construction.
15.
No cotton-bearing cottonwood trees or elm
trees of any nature shall be planted on any plot within the subdivision or
permitted to grow thereon.
16.
Any residence erected on any of the corner
lots of this subdivision shall present a good appearance on both streets.
17.
Where externally visible air conditioners are
erected or installed, they shall be so erected and installed that they will not
be visible from the front street or in the case of corner lots, from either the
front or a side street.
18.
It shall be the responsibility of the owner of
vacant lots to keep said lots clear of trash, rubbish or noxious material.
(CORPORATE SEAL)
THE GLENWOOD CORPORATION
Attest: By: s/
Forrest L. Brown
s/ James M. O’Toole
Vice President
Secretary
STATE OF
) ss
On this 14th
day of June, 1961, before me personally appeared Forrest L. Brown, to me
personally known who being by me duly sworn, did say that he is Vice-President
of The Glenwood Corporation, a corporation organized under the laws of the
State of New Mexico, and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was signed and
sealed in behalf of said corporation, by authority of its board of directors,
and said Forrest L. Brown acknowledged said instrument to be the free act and
deed of said corporation.
WITNESS my hand and seal on this the
day and year first above written.
(NOTARY
SEAL)
s/__Cora R. Herbert
Notary Public
My commission
expires Nov. 17, 1963
Filed for record
June 15, 1961
Recorded in Vol.
D-598, Folio 643
Records of
Emma Gonzales
Clerk & Recorder
By: s/ L.
Jaramillo, Deputy Clerk
