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Aero Monte Vista CCR's

                                       Aero Monte Vista

                                  Amended and Restated

         Declaration of Covenants, Conditions, and Restrictions

Amendment of Restatement Note:  Supersedes previous covenants filed on Tract A in book 1897, page 747-749. Supersedes covenants and road maintenance agreements filed on Tract C in Book 1218, page 540, however these covenants shall not affect Tracts D-1 thru D-5.

This Agreement is amending and restating all Tracts within Tracts A, B, and C, Within section 13, T10N, R7E, NMPM.  These covenants shall apply to any portion of these lots if further sub-divided. 

1.  These Covenants and agreements are to run with the land and shall be binding on all parties and all persons claiming under them.  These covenants can only be changed or amended by a majority vote by all lot owners, then the owners of record.  These covenants and Road maintenance shall supersede all previous covenants and road maintenance.

2.  If the parties hereto or their heirs or assigns shall violate or attempt to violate any of the covenants or agreements herein, it shall be lawful for any other party owning real property situated within said lots to prosecute any proceedings at law or equity against any party violating or attempting to violate said covenants, and prevent them from doing so, and to recover damages for such violation.

3. Invalidation of any of these covenants by judgment, court order, or for any reason shall in no way affect any of the other provisions, which shall remain in force and effect.

4.  Duration of these covenants and agreements will be for twenty years (20)from the date of recording, after which time shall  automatically extend over successive periods of ten (10) years, unless an instrument signed by a majority of the owners has been recorded, agreeing to change.

5.Dwellings, Hangars and Improvements:

a. All Dwellings and improvements shall be in accordance with local and state                                                                                                                                                     building codes.

b. Site built homes shall have a minimum of 2 Bedrooms, with no square foot  minimum, however one should consider the re-sale value of a less than average home size .

c. Manufactured Homes  are not allowed as they were previously.

d.  Hangars with homes adjoining or inclusive within, shall have a minimum of a full kitchen, full bath, living area, and 2 bedrooms.  Hangars with a Home attached ,  shall have some type of residential appeal on at least one complete side (ie.  Exterior wainscoting up to window line, 2 color wall if metal, window shutters, etc.) and  a covered porch entry to residential area.

6.  A Grant of Easement that was filed Dec 9, 1996, book 1328, page 656, records of Santa Fe County, grants Runway access to all lots within Aero Monte Vista.   All lot owners shall pay an annual fee to Sandia Airpark, Inc, (currently $100.00 and due Jan 1)  This fee will not be collected from the developers, Woodard, Bradley or Brin, unless they build a home on a lot for themselves, or use a lot for aircraft use.   This fee is not required from lots fronting Venus Rd, if said lot owners do not wish to participate in aircraft access. (excluding lots that use Taxiway Beaver for access)

7.  All property owners, their heirs or assigns, acknowledge that the access roads within Aero Monte Vista ,  are also used  for  aircraft taxiways to and from the runway.  These roads and taxiways will always remain private to allow for this Airport Use.  All property owners, their heirs and or assigns, acknowledge that the airspace above all lots will be used for ingress and egress to the runway.

8.  All property owners , their heirs or assigns, agree to improve and maintain roads/taxiways, as necessary and agree to share the costs equally among them in an equal manner.  Any improvement or maintenance cost that is not paid by any individual property owner, will result in a lien being filed against their property.  This lien will bear an annual interest of 12%, and no statutory expiration of lien will apply.  (this does not apply to those lots fronting Venus Rd, with no intent of aircraft access, and who do not in any way use any of the interior taxiways!)

   

A. Any improvement  to taxiways or runway extension, exceeding $2000.00, shall have the approval of a majority of owners.  (This shall apply only after Woodard, Bradley and Brin, have sold all lots held. Developers have option to improve as necessary)

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Covenants, continued.

9. Pets and Livestock shall be kept in a manner so as not to create a nuisance (ie, barking dogs).  Livestock must be kept so as not to destroy natural vegetation,  nor create any  odors .  No commercial kennels are permitted.  There is no specific number of pets allowable other than what may be construed as reasonable and normal in a residential area or what is allowed by area zoning regulation.

10.  All utility extensions shall be underground.  No exceptions shall be allowed. 

11. Maximum Building  Heights:

      Maximum height shall be no more than thirty (30) feet.

12. Setback Requirements shall be as follows: (does not apply to existing homes, fencing

       Or structures existing prior to this date)

      1. Setback from front of all lots shall be at least fifty (50) feet (except runway    

       Extension shall be a minimum of 150 feet from the centerline to Structures.

      2.  Setback from sides of lots shall be at least 15 feet.

      3.  Setbacl from back of lots shall be at least 15 feet.

      4.  Setback for fencing shall be at least 5 feet from all taxiways & turn radiuses. 

13. Exterior Lighting shall be a covered bulb fixture so as to prevent light being visible

      From a distance of 50 feet or more.  Motion detector lighting is preferable so as to 

      Limit the time the lighting is on to a minimum. The intent  is to preserve a low to No

      Light at night to preserve a Pilots ability to see the runway and taxiway lighting.

14.  Upon sale of all lots owned by Bradley, Brin and Woodard, a Homeowners                                                                                                                    association can be established by a majority vote of individual lot owners within 

       Tracts A, B, & C, for the exclusive purpose of maintaining and improving Taxiways. 

All covenants and restrictions can be superseded by more restrictive State and local Codes.   

This Declaration of Covenants, Conditions and Restrictions created this 10th day of March, 2003.          

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