|
EXHIBIT A
AMENDED AND RESTATED PROTECTIVE COVENANTS
AND BUILDING
RESTRICTIONS FOR ELDORADO AT SANTA FE
This Amended and Restated Declaration, (hereafter
"Restated Declaration") is made by the Eldorado Community
Improvement Association, Inc., a New Mexico non-profit corporation,
(hereafter "the Association" or "ECIA”) for
the express purposes of protecting the natural beauty and environment
of the community of Eldorado at Santa Fe, providing an attractive
rural setting for residential neighborhoods and home sites and preserving
property values. This Restated Declaration seeks to maintain the
unique natural character of the community for all who acquire property
therein, while encouraging individual expression consistent with
the historical traditions of the region. This Restated Declaration
assumes that, by virtue of their purchase of property in the Eldorado
community, all such property owners are motivated by these unique
qualities of its natural environment and agree, for and among themselves,
that these qualities must be preserved for all present and future
residents.
ARTICLE
I
DEFINITIONS
Section 1. "Architectural Styles of Santa Fe"
shall mean and refer to the design motifs of Santa Fe, New Mexico,
characterized by stucco or adobe walls, flat or pitched roofs, red
tile or metal roofs, earth colors, vigas, portals, verandas, courtyards,
patios and walkways, occasionally incorporating design elements
of metal, stone, brick, wood and stained glass. These design motifs
are derived from the Spanish Pueblo, Mexican colonial, Northern
New Mexico, Territorial and Mission styles of architecture (Reference:
"Design & Preservation in Santa Fe", January 1977,
City of Santa Fe Planning Department). In the event of inconsistency
between the City of Santa Fe guidelines and this Restated Declaration,
this declaration shall control.
Section 2. "Association" or "ECIA"
shall mean and refer to the Eldorado Community Improvement Association,
Inc., a New Mexico non-profit corporation, and its successors and
assigns.
Section 3. "Board" or "Board of Directors"
shall mean and refer to the Board of Directors of Eldorado Community
Improvement Association, Inc., a New Mexico non-profit-corporation,
and its successors and assigns.
Section 4. "Developer" shall mean and
refer to Eldorado at Santa Fe, Inc., its successors and assigns
of legal or equitable interests of Eldorado at Santa Fe Inc., who
are designated as such by an instrument in writing by Eldorado at
Santa Fe, Inc., and recorded among the public records of Santa Fe
County of the Clerk of Santa Fe County, State of New Mexico.
Section 5. "Home Occupation" shall mean
a business or commercial activity of any nature conducted upon or
from any lot in Eldorado.
Section 6. "Lot Owner" shall mean an entity
who has title to one or more lots in Eldorado.
Section 7. "Structure" shall mean and
refer to anything constructed or erected at a more or less permanent
location on a lot.
Section 8. "Arbitration" shall mean the
referral of a dispute by the voluntary agreement of the parties
to one or more impartial arbitrators for a final and binding decision.
Section 9. "Mediation" shall mean the
advisory intervention by a third party in dispute negotiations with
the purpose of helping the parties concerned find a solution.
back to the top
ARTICLE II -
PROTECTIVE COVENANTS AND BUILDING
RESTRICTIONS
Section 1. Residential Use. The lots designated
in Schedule A attached hereto shall be used for no purpose other
than residential use, except as otherwise provided in Article II,
Section 15. No structures shall be erected, altered, placed, or
permitted to remain on any residential lot other than single family
dwellings, accessory buildings such as studios, garages, greenhouses,
recreational facilities and storage sheds, and stables on lots on
which horses are permitted to be kept. No trailer, mobile home,
tent, shack, garage, barn or other outbuilding, nor any temporary
structure erected on any residential lot, shall be used at any time
as a residence, either temporarily or permanently.
back to the top
Section 2. Placement
of Accessory Buildings. Large accessory buildings, such as studios
and garages, shall be located close to the dwelling house, and shall
be architecturally integrated therewith. Small accessory buildings,
such as storage sheds and greenhouses, shall be located so as to
minimize their visual impact on the surrounding neighborhood, and
shall be obscured by screening in some reasonable manner, for example
by the dwelling house and/or with plantings or fencing.
Section
3. Lot Size, Setbacks. No residential lot shall have an area
of less than 43,560 square feet and no lot shall be further subdivided
nor permitted to have more than one single family residence together
with accessory buildings as defined in Article II, Section I above.
No buildings or other types of structures, nor portions thereof,
shall be located nearer than 50 feet to the front lot line, nearer
than 20 feet to the rear lot line or nearer than 10 feet to any
drainage easement (whichever is greater), or nearer than 20 feet
from a side lot line, except that variances may be made by the E.C.I.A.
Board of Directors or its designees). On corner lots, the front
lot line shall be deemed to be the narrower frontage facing a street
and the 50 foot setback shall apply to all adjoining streets. Access
to the main residential structures located on corner lots shall
be from the secondary street as determined by the Architectural
Committee.
back to the top
Section
4. Garages. There shall be provided garage space sufficient
for the parking of at least one car for each residential unit.
Section
5. Architectural Approval. a) Construction of a building
on a lot in Eldorado shall not commence until its siting, design,
exterior colors and building materials have been approved in writing
by the E.C.I.A. Board of Directors or its designees), nor shall
construction commence until water is available for immediate use
at the lot from either an individual well or a public utility water
system.
b) No additions nor exterior alterations above
the natural grade shall be made to an existing building until
the design, location, exterior colors and building materials for
such additions and alterations have been approved in writing by
the E.C.I.A. Board of Directors or its designees).
c) A swimming pool shall not be installed on any
residential lot without the prior written approval of the E.C.I.A.
Board of Directors or its designees).
back to the
top
d) Architectural approval aforesaid shall be requested
by filing a written application with the E.C.I.A. Board of Directors
or its designee(s). All buildings, additions and exterior
alterations thereto shall be characterized by the Architectural
Styles of Santa Fe. Roofs shall not be constructed of highly reflective
or glare producing materials, but may include skylights, solar
panels and clerestories.
e) Architectural approval shall not be unreasonably
withheld. In the event the E.C.I.A. Board of Directors or its
designee(s) fails to approve or disapprove any application made
pursuant to Article II, Section 5 a) to 5 d) above within 30 days
after filing, approval by the Board no longer shall be required.
f) No more than 1,000 square feet of any lot shall
be landscaped as lawn requiring watering from an individual well
or a public utility water system.
back to the
top
g) No two story building and no building
exceeding eighteen feet in height as measured from either the
floor of the lowest story of the building to the highest point
of the building, excluding chimneys or stove pipes, or from the
lowest point where the natural grade of the lot meets the building
to the highest point of the building, whichever is more restrictive
shall be allowed except with the prior written approval of the
E.C.I.A. Board of Directors or its designees. The factors to be
considered by the Board in reviewing requests for such approval
may include, but shall not be limited to, the following: the location
of the lot, the proposed placement of the building on the lot,
the varying elevations of the lot, the proximity of and impact
on existing buildings on.adjoining or neighboring lots, the degree
to which the building may restrict or block the view from an adjoining
lot, and the objections of neighboring lot owners. No denial of
a request for approval of plans for such a building shall be valid
unless acted upon by a two-thirds majority of the whole E.C.I.A.
Board of Directors. Any disputes by persons or entities who claim
to be aggrieved by the decision of the E.C.I.A. Board of Directors
or the application of this height restriction shall be resolved
by arbitration in accordance with the rules of the American Arbitration
Association. By mutual agreement, the parties may select an alternative
arbitration process. Judgment upon the award rendered by the arbitrators
may be entered by any court having jurisdiction thereof. The prevailing
party in such arbitration shall be entitled to recover his costs,
expenses and attorneys' fees.
back to the top
Section
6. Construction Deposit. The E.C.I.A. Board of Directors
or its designees is empowered to require the submission of a new
home construction deposit prior to the original construction of
a building on any lot in Eldorado. Such deposit shall be filed concurrently
with each application for approval required by Article II, Section
S. Construction shall not commence until the deposit has been approved
in writing by the E.C.I.A. Board of Directors or its designee(s).
The purpose of the deposit is to guarantee that tie submitter(s)
thereof shall comply with these Protective Covenants and Building
Restrictions. The principal of the deposit may be used to correct
any unrectified violations of these covenants and restrictions and
to repair unrectified damage caused by the construction. The owner
shall notify the Board upon completion of construction and request
inspection by the Board's covenants compliance officer. If forfeiture
is not initiated, the Board shall return the new construction deposit
within (30) days of its inspection.
back to the top
Section
7. Completion of Construction. No structure with an unfinished
exterior shall be permitted to remain on any lot for more than six
(6) months from the-time of commencement of construction, with the
exception that upon written request, one six (6) month extension
may be granted by the E.C.I.A. Board of Directors or its designees.
No further extensions will be granted. Failure to commence and complete
construction within the time periods specified in this section shall
require resubmission and re-approval of plans by the E.C.I.A. Board
of Directors or its designees.
Section 8.
Fences and Walls. No fences or walls shall be erected or
installed on any lot without the prior written approval of the E.C.I.A.
Board of Directors or its designee(s). No perimeter plantings extending
along more than 50% of the aggregate boundary lines of a lot shall
be installed without the prior written approval of the E.C.I.A.
Board of Directors or its designee(s).
back to the top
Section 9. Signs.
Except as specifically set forth below, no sign of any kind shall
be erected or maintained on any lot, nor on any common area, without
the prior written approval of the E.C.I.A. Board of Directors or
its designee(s). The following signs do not require approval under
this section when erected on a lot: community interest signs such
as neighborhood watch or beware of dog signs; nameplates, address
signs; one-time-only signs, such as signs for garage sales, lost
animals, birthday parties and the like, which shall be removed after
72 hours; one only for rent, for sale, and/or builder's construction
sign; and one only open house sign to be removed daily. Real estate
and construction signs on a lot shall not exceed 2’ x 3’
in size. Public election signs are allowed on a lot 14 days prior
to a public election, and shall be removed within 72 hours after
said election.
Section 10.
Exterior Lights. Exterior lights are prohibited unless they
are 75 watt or less and are properly shielded so as to direct light
downward. The lighting of signs on a lot is prohibited.
back to the top
Section 11. Household
Pets. No animals, birds or poultry shall be kept or maintained
on any lot, except recognized household pets which may be kept thereon
in reasonable numbers as pets for the pleasure and use of the occupants
but not for any commercial use or purpose. It is forbidden to permit
dogs to run at large in Eldorado. At all times, dogs must be kept,
restrained and controlled by their owners in the manner described
in the Santa Fe County Animal Control Ordinance. A maximum of two
horses may be kept on any lot which has an area in excess of three
acres and which has been properly designated, pursuant to these
covenants, as a horse area on any recorded subdivision map or by
majority vote of the Board of Directors. A stable for such horses
may be erected upon such lot.
back to the top
Section
12. Home Occupation. a) No residential lot shall be used
in whole or in part for any commercial or business purpose, with
the exception of home occupations.
b) No home occupation shall commence nor be maintained
unless it complies with Santa Fe County regulations and has the
prior written approval of the E.C.I.A. Board of Directors or its
designees, except such approval is not required when:
i) there is no more than one outside employee;
and
ii) customers shall not visit the premises as
a resultof the home occupation.
c) Home occupations are permitted in accordance
with ArticleII, Section 12 b) above, provided such occupations
shall be:
i) incidental and subordinate to the residential
use of the lot;
ii) carried on inside of the buildings on the lot, and do not
involve the exterior storage of materials nor change the exterior
appearance of the lot or its buildings;
iii) served by sufficient parking on the lot
for normal home occupation activities; and
iv) devoid of the use of equipment and processes
which violate Article II, Section 14 hereof.
back to the top
Section
13. Storage and Screening of Vehicles and their Accessories.
a) Recreational vehicles, such as motor homes, RVs, campers, camper
shells, vehicle accessories, trailers, horse trailers, airplanes,
boats and the like, when stored on a lot shall be located so as
to minimize their visual impact on the surrounding neighborhood
and roads, and shall be obscured by screening in a reasonable manner,
for e @ ple by the dwelling house and/or with plantings or fencing./
No more than three such vehicles shall be stored outside on any
lot at any,time. No more than one additional vehicle shall be parked
temporarily on a lot for a period not to exceed three weeks. This
paragraph shall be applicable to recreational vehicle accessories,
such as camper shells and the like.
b) No vehicles not licensed for use on a public
road, nor any type of earth moving equipment, nor any tractor-trailer
or part thereof, nor similar large vehicles,inconsistent with
single-family residential use, shall be parked, stored or repaired
outside of a building on any lot provided, however, such vehicles
may be parked temporarily on a lot for a period not exceeding
two weeks. Construction trailers may be parked on a lot during
the period of the construction or alteration of a dwelling house
on a lot.
c) No more than one satellite dish in excess of
24 inches shall be permitted on a lot without the prior written
approval of the E.C.I.A. Board of Directors or its designees.
All satellite dishes shall be located so as to minimize their
visual impact on the surrounding neighborhood and roads, and shall
be obscured by screening in some reasonable manner, for example
by the dwelling house and/or with plantings or fencing.
d) No radio antenna or similar tower-like structure
shall be erected, installed or maintained on any lot without the
prior written approval of the E.C.I.A. Board of Directors or its
designees. In any case, such structures shall not extend more
than eight feet above the roof line of any building on the lot.
e) Propane tanks shall either be buried or enclosed
by a masonry wall, wood fence or screening composed of suitable
plantings. Propane tank enclosures shall comply with the regulations
or guidelines of the New Mexico Construction Industries Division
or any successor entity, and shall have the prior written approval
by the E.C.I.A. Board of Directors or its designee (s) .
back to the top
Section 14. Nuisances-Clause. No lot
shall be used in any way for the storage or dumping of trash or
debris, nor for any purpose which may endanger the health of, or
unreasonably disturb, other lot owners, or which creates or constitutes
a nuisance. No unsightly or offensive objects shall be erected,
placed, stored or permitted to remain on any lot, nor shall any
lot be permitted to appear in an unclean or untidy condition. Construction
sites must be maintained in a clean and orderly fashion; litter,
trash and construction debris, when retained on site, shall be stored
in covered containers. All construction debris shall be removed
from the site and disposed of in an appropriate manner. No activity
shall be conducted, nor equipment or process used, nor substance
or animal kept which emits foul or obnoxious odors, or which creates
noise, glare, fumes or electrical interference.
Section 15.
Use of Lots for Non-Residential Purposes. The lots described
on Schedule A attached hereto may be used for purposes other than
residential purposes as determined by the E.C.I.A. Board of Directors
or its designees. The design, location, kinds of material used in
construction, landscaping, parking facilities and other criteria
governing improvements to be placed upon such lots shall be subject
to the approval of the E.C.I.A. Board of Directors or its designees.
Prior to authorizing residential lots to be used for other than
residential purposes, the E.C.I.A. Board of Directors or its designees
shall publish notice and conduct an open forum no sooner than fifteen
days after publication of notice at which owners may express to
the Board their comments regarding the proposed change.
back to the top
ARTICLE
III
COVENANT ENFORCEMENT
Section 1. Adoption of Rules, Regulations and
Guidelines. The E.C.I.A. Board of Directors or its designees
is empowered to adopt and enforce written rules, regulations and
guidelines for the interpretation, implementation and enforcement
of this Restated Declaration and the exercise of the Board's powers
and duties hereunder, which shall be consistent with this Restated
Declaration. Prior to adopting such rules, regulations or guidelines,
the Board shall publish notice and conduct an open forum no sooner
than fifteen (15) days after the published notice at which owners
may express to the Board their comments regarding the proposed rules,
regulations or guidelines. Each complaint of noncompliance with
the covenants, building restrictions or guidelines shall be dealt
with fairly and as uniformly as circumstances permit or require
throughout the Eldorado community.
Section 2. Enforcement Actions.
a) To ensure compliance therewith, the E.C.I.A.
Board of Directors ' has the power to levee fines against violators
of this Restated Declaration.
b) Whenever the E.C.I.A. Board receives notice
of an alleged violation of this Restated Declaration, the E.C.I.A.
Board of Directors or its designees shall initiate an investigation
to confirm whether such violation has occurred and not been corrected.
c) If the investigation reveals that an uncorrected
violation exists, the E.C.I.A. Board or its designees shall send
written notice to the owner or person(s) responsible for such
violation specifying the nature of the violation and requesting
that such owner or person(s) take action, within a reasonable
period of time stated in the notice, to correct it. said owner
or person(s) who contest the existence of such violation will
undergo with the E.C.I.A. Board of Directors a mediation or arbitration
process. When arbitration is used, the three person arbitration
committee shall be chosen as follows: 1) the E.C.I.A. Board will
submit a list of three candidates to the plaintiff from which
the plaintiff will choose one member; 2) the plaintiff will submit
a list of three candidates to the E.C.I.A. Board from which the
Board will choose one member; 3) these two committee members will
then choose the third member. The decision of this committee will
be final and binding. By mutual agreement, the parties may select
an alternative process to resolve the dispute, such as mediation
or formal litigation.
Section 3. Recovery of Costs and-Fees. In
the event judicial action is taken by the Board to enforce this
Restated Declaration against an owner or other Persons violating
this Declaration, a reasonable attorney's fee may be recovered in
addition to the costs incurred by the prevailing party, if the court
finds that the unsuccessful party has acted in bad faith or in willful
violation of this Restated Declaration.
back to the top
ARTICLE IV
GENERAL PROVISIONS
Section 1. Amendment. The E.C.I.A., its successors
and assigns, hereby reserves the right to amend these covenants
and building restrictions in whole or in part, provided that the
then owner or owners of a majority of the lots covered by this Restated
Declaration consent to such amendments. As . used in these covenants
and building restrictions, the owner of a lot shall be deemed to
be the fee title owner of record of any lot in the subdivision.
The E.C.I.A. Board of Directors shall have the authority to promulgate
rules, regulations and provisions governing the use of the common
areas and facilities of the Eldorado community, including the imposition
of charges and assessments for the installation, improvement and
maintenance of common areas and facilities, including community
roads and other community infrastructure.
Section 2. Duration of Reservations and Restrictions.
All of the covenants and restrictions contained herein shall be
deemed covenants running with the land described hereinabove, and
shall be binding upon all successive owners thereof and all persons
claiming under them until January 1, 1999, at which-time said covenants
and restrictions shall automatically be extended from year to year,
unless by a vote of a majority of the then owners of the above described
lots, it is agreed to change this Restated Declaration in whole
or in part.
Section 3. Easements and Rights-of-Way. Easements
and rights of way are hereby reserved unto ELDORADO AT SANTA FE,
INC., its successors and assigns for construction, installation
and maintenance of any and all utilities, such as electric lines,
gas lines, drains, sewers, central and/or community well, water
system or systems,- water supply lines, telephone and telegraph,
cable television or the like, necessary or desirable for public
health and welfare. Such easements and rights of way shall be confined
to a 10 foot width along the rear and sidelines of every lot and
along the front lot line adjoining every street, road or highway
abutting the premises, unless otherwise designated on the plat.
Section 4. Successors or Assigns to Developers.
As used in these restrictions, the words "successors and assigns"
shall not be deemed to ref er to an individual purchaser of a lot
or lots from ELDORADO AT SANTA FE, INC. but shall be deemed to refer
to the successors or assigns of legal or equitable interests, rights
or obligations of ELDORADO AT SANTA FE, INC., who are designated
as such by an instrument in writing signed by ELDORADO AT SANTA
FE, INC., and recorded among the public records of Santa Fe County,
New Mexico, specifically referring to this provision of these restrictions.
Section S. Non-Waiver. The failure to enforce
any provision contained in this Restated Declaration shall not be
deemed to be a waiver of the right to enforce it, nor shall such
failure bar or affect its enforcement, irrespective of how long
such failure continues.
Section 6. Severability. Invalidation of
an one of the covenants contained herein by judgment, court order
or for any other reason shall in no way affect any of the other
covenants, all of which shall remain in full force and effect.
Section 7. Recording. This Restated Declaration,
and all revisions thereof and amendments thereto, shall be recorded
in the Office of the County Clerk, Santa Fe County, New Mexico.
Section 8. Prior Covenants Superseded. This
Restated Declaration supersedes and entirely replaces those Protective
Covenants and Building Restrictions for Eldorado at Santa Fe dated
July 11, 1972 and recorded in the records of Santa Fe County, New
Mexico at Book 292, page 611, and any and all amendments and supplements
thereto, including, but not limited to, those filed in the records
of Santa Fe County on July 23, 1979 at Book 383, page 398; on July
30, 1979 at Book 384, page 349; on September 24, 1986 at Book 561,
page 851; on October 9, 1986 at Book 563, page 229; and on January
22, 1988 at Book 602, page 372; as well as those certain Protective
Covenants and Building Restrictions for Eldorado at Santa Fe (Revised
November, 1995) and recorded in the records of Santa Fe County,
New Mexico at Book 1220, page 857 on December 1, 1995 (jointly the
"Prior Covenants").
Section 9. Property Subject to Restated Declaration.
All residential lots in the Eldorado at Santa Fe subdivision and
all lots subject to the Prior Covenants (as set forth and defined
in Article IV, Section 8 above), including, but not limited to,
the real property set forth on Schedule A-1, attached hereto and
incorporated herein by this reference, shall be, and hereby are,
subject to each and every provision of this Restated Declaration.
IN WITNESS WHEREOF, the undersigned has caused this
Restated Declaration to be executed as of the 16th day
of April, 1996.
ELDORADO COMMUNITY IMPROVEMENT ASSOCIATION, a New
Mexico nonprofit corporation
By: (signed)
Rick Adesso, Secretary
back to the top
|
