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RESTATED DECLARATION OF PROTECTIVE COVENANTS
19 May 1999

This copy of the Restated Declaration of Protective Covenants was printed in the May 19, 1999 letter from New Homes of Albuquerque supplied by Chip Muenze. Official copies may be obtained from Bernalillo County.

RESTATED DECLARATION OF PROTECTIVE COVENANTS

THIS RESTATED DECLARATION OF PROTECTIVE COVENANTS ("Restated Declaration") is entered into by the parties referenced on the signature pages attached hereto who are the owners of a majority of the Lots in Units 1 and 2 of the Knolls of Paradise Hills filed May 22, 1962, in Volume 658, Folio 605, records of Bernalillo County, New Mexico ( the "Property" and sometimes referenced by individual Lot numbers).

WHEREAS, PARADISE INTERNATIONAL CORPORATION, a Delaware corporation and HORIZON CORPORATION, a Delaware corporation (collectively "Developer") recorded Protective Covenants on May 24, 1962, in Volume 643, Folio 530, records of Bernalillo County, New Mexico, and a Modification of Protective Covenants on September 7, 1962, in Volume 658, Folio 605 ("Existing Covenants"); and

WHEREAS, due to the passage of time and a change in circumstances, the undersigned desire to amend the Existing Covenants.

NOW, THEREFORE, the undersigned hereby establish a general plan and scheme for the improvement, development, uniformity, benefit, protection and restriction of all of the Property, which all of the Property will be subject to, and shall be owned, held, transferred, sold conveyed, encumbered, used and occupied; and, further, the undersigned do hereby make, declare and impose the following limitations, restrictions, covenants and uses to which the Property may be put, occupied or used, hereby specifically intending that this Restated Declaration shall constitute covenants to run with the land as to all of the Property and shall be binding upon the undersigned, and all persons claiming by, through or under them, and all future owners and other parties claiming any interest therein, this Restated Declaration being designed for the purpose and with the intention of improving developing , benefiting, and restricting the Property, and of keeping the Property desirable, uniform and suitably residential as hereinafter specified; and the undersigned declare that all of the Property, and any portion thereof, shall be owned, held, transferred, sold, conveyed, encumbered, used and occupied subject to the covenants, restrictions and conditions hereinafter set forth.


  1. Existing Covenants. The undersigned hereby declare that the Existing Covenants are null and void and of no further force and effect as of the effective date hereof; provided however, to the extent any of the covenants, restrictions or conditions set forth in this Restated Declartion are subsequently deemed unenforceable by a court of law, and to the extent the Existing Covenants contain a comparable provision, the comparable provision of the Existing Covenants shall be reinstated as of the effective date of the court action.

  2. Existing Improvements. To the extent, if at all, the covenants, conditions and restrictions ("CC&R's") created by this Restated Declaration create a violation because of improvements constructed on individual Lots as of the effective date hereof ("Existing Improvements"), the conflicting CC&R's are waived, but only as to the Existing Improvements.

  3. Lot Division. No Lot shall be split or further subdivided so as to reduce the are therof, except as necessitated by encroachments or boundary deficiencies caused by errors in surveying and/or constructions.

  4. Land Use and Building Type. 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 (1) single-family detached dwelling. Each dwelling unit shall have an attached private garage for no fewer than two (2) nor more than three (3) automobiles. No business activities of any kind whatsoever shall be conducted on any lot; except home occupations, provided that only members of the family residing on the Lot are employed, the use is incidental and secondary to the use of the Lot as a residence, and no stock and trade is manufactured, displayed or sold on the Lot. Further, there shall be no external evidence of the home occupation activity, such as signs, commercial vehicles, inordinate traffic, outside storage, noise, dust, noxious fumes or other nuisances permitted upon or to emanate from any Lot.

  5. Building Location. Minimum building setbacks shall be twenty feet (20') form the front Lot line, five feet (5') from side interior Lot line, fifteen feet (15') form any side street Lot line and fifteen feet (15') from the rear Lot line. For the purpose of the limitations imposed by this Paragraph, eaves, steps, patios, walkways and open porches shall not be considered as part of the building. In no case shall eaves, steps
  6. Dwelling Size. The heated floor area within the structure of any dwelling, exclusive of porches, garages, or other appurtenant structures, shall not be less than 1,500 square feet. In the case of a dwelling of more than one story, not less than 1,000 square feet shall be within the ground floor area.

  7. Construction and Design Standards. All residences constructed on the Property shall be "stick built" on site and not modular, manufactured or mobile. All construction, whether new construction, alterations, additions or remodeling, shall be completed within six (6) months form the date of commencement. No Lot shall be used for storage of materials for a period greater than thirty (30) days prior to the start of construction and thereafter during the construction period.

    a. Exterior finishes of all residences and other structures on the Lots shall be wood, adobe, stucco, stone, slump block or brick and shall be natural earth tone colors or subdued colors that will not clash with the exterior colors of other structures either on the subject Lot or adjoining Lots.

    b. Roofing materials of all residences and other structures or other improvements having pitched roofs which are visible from the street adjoining the Lots shall be tile, architectural metal panel roof systems (non-glare), wood shakes or asphalt shingles, and no other roofing materials will be allowed.


  8. Construction and Design Standards. No noxious or offensive activity or use shall be carried on upon any Lot; nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. All Lots shall be maintained in a neat and orderly condition at all times

  9. Temporary Structures. No structure of a temporary character (including, but not limited to, a motor home, camper, trailer, boat, recreation vehicle, tent, shack, garage, barn, storage shed or other outbuilding) shall be used on any Lot as a residence, either temporarily or permanently.

  10. Easements. Easements and right-of-way for the installation and maintenance of utilities are reserved over the front ten feet (10') of each lot.

  11. Garden Walls. Garden walls shall be concrete block and may be either painted, stuccoed or natural, and in addition:

    a. No garden wall, except necessary retaining walls of minimum height, shall be erected or allowed to remain nearer the front property line than the front building setback line.

    b. Side-yard and rear-yard garden walls are required, and shall not be less than four feet (4') in height above finished grade. All side-yard and rear-yard garden walls shall be constructed on the Lot lines.

    c. All garden walls constructed on common Lot lines are intended to partly walls with the cost of installation and maintenance to proportionately shared between or among owners of adjoining Lots. The construction of party walls shall be performed at the time of the first home's construction and paid for by the owner of the Lot upon which the first home shall have been constructed for his, her or its proportionate share of the wall construction cost to the extent of the constructions cost provided in this paragraph 11. The cost of construction of any common wall attributable to the height of such wall in excess of the minimum heights provided in this Paragraph 11 shall be at the expense of the owner(s) of the Lot(s) desiring such additional wall height with the obligation of the owner(s) of the adjoining Lot(s) who do not agree to pay for such additional wall height. The owner of the first home to be constructed shall properly document the actual cost of the party wall construction in order to be accurately and fairly reimbursed for the proportionate share of his, her or its cost by the owner(s) of the adjoining Lot(s). Reimbursements for the proportionate share of the cost of such wall construction to the minimum heights provided in this Paragraph 11 shall be made within thirty (30) days after the commencement of construction of a residence on the adjoining Lot and receipt by the adjoining Lot owner of the invoice thereafter from the owner of the Lot upon which the first home was constructed.


  12. Sight Triangle at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between a height of three feet (3') and a height of eight feet (8') above the roadways within or adjoining the Property shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street right-of-way lines and a line connecting them at a point twenty-five feet (25') from the intersection of the street right-of-way lines or, in the case of rounded property corners, at a point twenty-five feet (25') form the point the street right-of-way lines would intersect if extended in a straight line. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at least eight feet (8') above the street level.

  13. Sign. No signs of any kind shall be displayed to the public view of any Lot except one non-illuminated sign of not more than (5) square feet advertising the Lot for sale or rent.

  14. Livestock, Poultry and Pets. 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.

  15. Duration of Covenants. This Restated Declaration shall 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 effective date hereof; after which time this Restated Declaration 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 terminate or modify this Restated Declaration.

  16. Enforcement. Enforcement to restrain the violation of this Restated Declaration or to recover damages shall be by proceedings at law or in equity in a court of competent jurisdiction against any person or persons violating or attempting to violate any covenant herein, an may be brought by owners(s) of any Lot(s) or any other person or persons having any interest herein, whether acting jointly or severally.

  17. Severability. Invalidation of any one of the CC&R's by judgment or order of a court of competent jurisdiction shall in no way affect any of the other provisions, which shall remain in full force and effect.

  18. Effective Date. This Restated Declaration and any amendments hereto shall be effective as of the date of their filing with the County Clerk of Bernalillo County, New Mexico.

  19. Counterparts. This Restated Declaration may be executed in several counterparts and all so executed counterparts shall constitute one agreement binding on all parties hereto, notwithstanding that all of the parties are not signatories to the original or same counterpart.


IN WITNESS WHEREOF, the undersigned have hereunto set their hands the dates set forth on the Signature Pages attached hereto and incorporated herein by reference.