Article I
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ELDRIDGE PARK

DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS

ARTICLE  I

GENERAL

             Section 1.  Definitions.  The following words, when used in this Declaration, unless the context shall prohibit, shall have the following meanings: 

a. “Area”, when followed by a Roman numeral, shall mean and refer to a specific location which shall have been described and defined either in Section 2 of this Article I or in one of the Supplementary Declarations provided for in Section 3 of this Article I. 

b. “Association” shall mean and refer to the Eldridge Park Homeowners Association, Inc., a Texas non-profit corporation, which will have the power, duty and responsibility of maintaining and administering the Common Areas, Common Facilities, Common Property, Detention Areas and all Landscaping in the Common Areas, and administering and enforcing these covenants, conditions and restrictions and collecting and disbursing the assessments and charges hereinafter prescribed. 

c.  “Builder” shall mean and refer to any person or entity undertaking the construction of a residence on a Lot for the purpose of selling same for profit. 

d.  “Common Areas” shall mean and refer to areas of land owned, leased or used  the Association, and/or easement areas for walls or fences, entryways, access or walkways, recreational facilities, and other purposes benefiting the Members, including any improvements and Landscaping located thereon, for the common use, enjoyment and benefit of the Members of the Association, including without limitation, the easement created for the benefit of the Association along West Little York Road by Section 2 of Article VI hereof and those areas of land more particularly described as Restricted Reserve “A”, Restricted Reserve “B” and Restricted Reserve “C” of Eldridge Park, Section One. 

e.  “Common Facilities” shall mean and refer to the recreational buildings and appurtenances, fountains, entry systems, walls, fences, security facilities, parking areas, irrigation systems, lighting facilities, flagpoles, identification markers, playground and appurtenances, swimming pool, and the like, owned, leased or used by the Association in fulfilling its duties and for the benefit of all Members of the Association. 

f.  “Common Property” shall mean and refer to any and all items of personal property owned or leased by the Association in fulfilling its functions and carrying out its duties and purposes hereunder. 

g.  “Declarant” shall mean and refer to Crescent Yorkridge Associates, L.P., and its successors and assigns provided that an assign is designated in writing by Crescent Yorkridge Associates, L.P. as an assign of all, or part, of the rights of the Declarant. 

h.  “Detention Areas” shall mean and refer to those areas within or outside of the Property which are designed and used to hold storm water runoff form the Property or to otherwise accommodate the drainage requirements of the Property, whether or not such areas are owned by the Association, including, without limitation, the detention ponds and other drainage improvements located on portions of Unrestricted Reserves “L” and ‘M” and Restricted Reserve “B” of York Ridge Centre, a subdivision of land in Harris County, Texas according to the plat thereof recorded in Volume 330, page 128 of the  Map Records of Harris County, Texas. 

i.  “East/West Pipeline Easement” shall mean and refer to Restricted Reserve “A” and Restricted Reserve “B” of Eldridge Park, Section Two which are restricted to open space and pipeline easements. 

j.  “Landscaping” shall mean and refer to growing plants, including grass, plantings, vines, ground cover trees, hedges, shrubs, flowers and the like. 

k.  “Lot” shall mean and refer to any parcel, plot or tract of land identified by a lot and block number as shown upon any recorded subdivision map, plat, replat, or revision of the Property, as said recorded subdivision maps or plats may be amended and revised from time to time. 

l.  “Section One Lots” shall mean and refer to the Lots within Eldridge Park, Section One. 

m. “Section Two Lots” shall mean and refer to the Lots within Eldridge Park, Section Two. 

n.  “Member” shall mean and refer to each Owner of a Lot or undivided interest therein, who shall be a Member of the Association as provided in Article II hereof. 

o.  “Occupant” shall mean and refer to any person occupying or otherwise using a Lot and/or any house or dwelling situated on such Lot (including lessees). 

p.  “Owner” shall mean and refer to the owner of record (including Declarant), whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, but excluding those having such interest merely as security for the performance of an obligation. 

q.  “Property” shall mean and refer to the real property (including improvements) described in Section 2 of this Article I, and additions thereto, as are subjected to this Declaration or any Supplementary Declaration under the provisions f Section 3 of this Article I. 

            Section 2.  Property Subject to Declaration.  The real property covered by this Declaration is all property in Eldridge Park, Section One and Eldridge Park, Section Two, subdivisions in Harris County, Texas, according to the plats thereof recorded under Film Code Numbers 355117 and 356032, respectively, of the Map Records of Harris County, Texas.  For purposes of this Declaration such real property is designated as Area I.  All of the Property and any right, title or interest therein shall be owned, held, leased, sold, transferred and/or conveyed by Declarant, and any subsequent owner of all or any part thereof, subject to this Declaration and the covenants, restrictions, conditions, easements, charges and liens set forth herein.  The covenants, restrictions, conditions, easements, charges and liens herein set forth are covenants running with the land at law as well as in equity and shall constitute a general plan for the benefit of and be enforceable by all present and future Owners of any Lot or Lots in the Property and their heirs, personal representatives, successors and assigns, as well as by Declarant and the Association. 

            Section 3.  Additional Property Subject to Declaration.  Additional property may be added to, or made subject to this Declaration and the covenants, restrictions, conditions, easements, charges and liens set forth herein, in the following manner: 

a.  If Declarant, or any other person, firm or corporation are the owners of any property which they desire to add to the scheme of this Declaration, they may do so by filing of record a Supplementary Declaration, which shall extend the scheme of this Declaration and the covenants and restrictions set forth herein to such property, PROVIDED HOWEVER, that such covenants and restrictions as applied to the property which is so added may be altered or modified by said Supplementary Declaration, and PROVIDED FURTHER, if property is added to the scheme of this Declaration by any person, firm or corporation other than the Declarant, the Association, acting through its Board of Directors, must give written consent thereto.  Property may be added to the scheme of this Declaration regardless of whether or not such property or properties are contiguous to the Property.  Each Supplementary Declaration shall include a geographical description of the property added  and shall designate said area with the term “Area” followed by a Roman numeral so as to differentiate each respective area from other areas within the Property. 

b.  Upon a merger or consolidation of the Association with another association, its properties, rights, and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights, and obligations of another association may, by operation of law, be added to the Property, rights and obligations of the Association as a surviving corporation pursuant to a merger.  The surviving or consolidated association may administer the covenants, restrictions, easements, charges and liens established by this Declaration with the Property together with the covenants, restrictions, easements, charges and liens established upon any other properties as one scheme.  No such merger or consolidation, however, shall affect any revocation, change or addition to the covenants, restrictions, easements, charges and liens established by this Declaration pertaining to the Property except as hereinafter provided.