Article V
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ELDRIDGE PARK

DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS

  

ARTICLE V

 PROTECTIVE COVENANTS AND RESTRICTIONS

 

Section 1.  Covenants Applicable.  The following provisions shall be applicable to any and all construction, improvement, alteration, or addition to the Lots. 

a.       Each Lot shall be used exclusively for single-family residential purposes only.  No building or structure intended for or adapted to business purposes, and no apartment house, hospital, sanatorium or doctors office, or other multi-family dwelling shall be erected, placed, permitted or maintained on any Lot, or on any part thereof.  No improvement or structure whatsoever, other than a first-class private dwelling house, patio walls, swimming pool, and customary outbuildings, garage, servants quarters, waterfront structures, or guest house, may be erected, placed, or maintained on any Lot. 

b.       No sign of any kind shall be displayed to the public view on or from any part of any Lot, except signs temporarily used by Declarant or any Owner, of not more than five square feet, advertising the Lot for sale or rent, or signs of architects and builders during the period of construction and sale of improvements on any Lot. 

c.       The total floor area of any single-story dwelling constructed on any Section One Lot, exclusive of open porches and garages, shall not be less than 1,800 square feet. 

d.       The total floor area of any two-story dwelling constructed on any Section One Lot, exclusive of open porches and garages, shall not be less than 2,000 square feet, and the floor area of the second floor of any such two-story dwelling, exclusive of one porches and garages, shall not exceed 60% of the total floor area of such two-story dwelling, unless a variance from this restriction is specifically approved in writing by the Architectural Control Committee.   

e.       The total floor area of any single-story dwelling constructed on any Section Two Lot, exclusive of open porches and garages, shall not be less than 1,400 square feet. 

f.         The total floor area of any two-story dwelling constructed on any Section Two Lot, exclusive of open porches and garages, shall not be less than 1,600 square feet, and the floor area of the second floor of any such two-story dwelling, exclusive of open porches and garages, shall not exceed 60% of the total floor area of such two-story dwelling, unless a variance from this restriction is specifically approved in writing by the Architecture Control Committee. 

g.       The exterior walls of any one-story dwelling constructed on a Lot, exclusive of doors and windows shall be 75% masonry, stone or brick construction, and the exterior walls of any two-story dwelling constructed on a Lot, exclusive of doors and windows, shall be 60% masonry, stone or brick construction, unless a variance from this restriction is specifically approved in writing by the Architectural Control Committee.  Provided, however, those exterior walls of a one-story structure which face a street shall be no less than 75% masonry, stone or brick construction and those exterior walls of a two-story structure which face a street shall be no less than 60% masonry, stone or brick construction.  All chimneys constructed or erected on any Lot as a part of an exterior wall of any dwelling or constructed as a component of the front or side of any dwelling which faces a street shall be of masonry, stone or brick construction. 

h.       No chain link fence or fences shall be situated, erected, constructed, or permitted to remain upon any Lot, or any portion thereof.  Fences no more than eight (8) feet in height constructed of wood, brick masonry, decorative iron, or a combination of wood, brick masonry and/or decorative iron may be erected with the Architectural Control Committee’s approval of the plans therefore. 

i.         The fences constructed on the rear lot lines of Lots 6, 7, 18 and 19 of Block 4and Lots 7, 8, 9,31 and 32 of Block 5 of Eldridge Park, Section  and Lots 9 through 26 of Block 1 of Eldridge Park, Section Two shall be constructed of wood and shall be eight (8) feet in height.  If the fence constructed on the rear lot line of such Lots is one-sided rather than two-sided, the front of the fence or side from which the support posts are not visible shall face such Lots. 

j.         All roofs constructed upon any dwelling and/or other structures constructed, erected, or located upon any lot shall be constructed with a minimum pitch of “6 by “12 and shall be constructed of architectural dimensional shingles of a quality equal to or exceeding 25-year warranty in “earth-tone” colors, unless a variance from this restriction is specifically approved in writing by the Architectural Control Committee. 

k.       No animals, livestock, or poultry shall be raised, bred, or kept upon any Lot, or portion thereof, except that no more than a total of three (3) dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes, and provided that they do not create a nuisance. 

l.         No noxious or offensive trade or activity 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. 

m.     No Lot shall be used or maintained as a dumping ground for rubbish, nor shall any substance, thing, or material be kept upon any Lot that will emit foul or obnoxious odors.  Trash, garbage, or other waste shall not be kept except in sanitary containers.  All incinerators, containers, or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition.  No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any Lot, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon.  No compost shall be permitted upon any Lot. 

n.       No building material of any kind or character shall be placed or stored upon a Lot until the Owner is ready to commence improvements and then such materials shall be placed within the property lines of the Lot upon which the improvements are to be erected, and shall not be placed in the street.  No stumps, trees, underbrush, or any refuse of any kind, nor scrap material from the improvements being erected on any Lot shall be placed on any adjoining Lots or streets.  All such material, if not disposed of immediately, must remain on the Lot on which construction work is in progress, and at the completion of such improvements, such material must be immediately removed from the Property. 

o.       No trailer, tent, shack, mobile home, or any structure of a temporary character shall at any time be erected, located, or used on any Lot as a residence or business, either temporarily or permanently, except during actual construction of a building being erected thereon, and then same must be on the Lot on which construction is in progress and not on adjoining Lots, streets, or easements, and at completion of construction, such trailer, tent, shack, mobile home or temporary structure must be removed immediately.  No such trailer, tent, shack, mobile home or temporary structure shall be used for residential purposes during construction. No garage or outbuilding shall ever be used as a residence or business, either temporarily or permanently.  Notwithstanding the foregoing, nothing contained herein shall prohibit the location of a trailer, mobile home, or other temporary structure on any part of the Property for use temporarily as a sales office for homes erected or to be erected by builders or developers.  The size, location, and period of occupancy of such temporary sales offices shall be subject to the prior written approval of the Architectural Control Committee, which approval may be given or withheld at such Committee’s sole discretion, and if withheld, then the location and use of such trailer, mobile home or temporary structure for a sales office at the requested location shall be prohibited.  Upon the expiration of the period of occupancy permitted by the Architectural Control Committee for such temporary sales office, such trailer, mobile home or temporary structure shall be removed immediately. 

p.       A motor boat, house boat, sail boat or other similar waterborne vehicle shall bemaintained, stored or kept on any Lot only in an enclosed garage or if screened from view behind a solid fence located behind the building line.

q.       Except in the case of a detached garage located behind the rear of the residence, no garage shall be constructed or erected upon any Section One Lot with the entrance to such garage facing the road or street that such Lot faces as shown on the recorded plat of such Section One Lot (i.e., no front-entry garages).  A variance from this restriction may be granted by the Architectural Control Committee.

r.        All dwellings or residences constructed or erected upon any Lot shall face the road or street that the Lot faces as shown on the recorded plat and no portion of such dwelling or residence shall be nearer to the street property line of the Lot than is designated by the building line, if any, on the recorded plat. 

s.       The location of all structures constructed, erected, situated, or placed upon any Lot must be in conformance with the building lines, if any, as shown on the recorded plats of the Property, and the minimum building set-back lines established by ordinance and regulations of Harris County, Texas. 

t.        No oil drilling, oil development operations, refining, quarrying or mining operations of any kind shall be permitted upon any Lot in the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted upon any Lot.  No derrick or other structure designed for use in boring for oil or natural gas shall be permitted upon any Lot 

Section 2.  Landscaping.  All Lots shall be Landscaped, and such Landscaping shall: 

a.       Be required on all Lots contemporaneously with completion of other improvements, but in no event later than 30 days after first occupancy or completion of a residence, whichever shall first occur, unless a longer period is approved in writing by the Architectural Control Committee. 

b.       Conform to a Landscaping plan approved by the Architectural Control Committee pursuant to Article IV hereof.  Normally, such approval will be limited to Landscaping plans which; 

1.       Provide for a minimum of two (2) trees in the front yard of at least 4” caliper in the case of a Section One Lot or at least 2 ˝” caliper in the case of  a Section Two Lot, and provide for the planting of bushes of a minimum size of 5 gallons along the entire front of the residence; 

2.       Do not obstruct sight lines at street or driveway intersections; 

3.       Preserve existing trees to the extent practical; and 

4.       Permit reasonable access to public and private utility lines and easements for installation and repair. 

c.       The front yard of each Lot out to the street curb as well as the side yard of each Lot out to the street curb on all corner Lots shall be completely sodded by the Builder upon the completion of the residence. 

d.       No antenna, tower or satellite dish shall be erected on any Lot for any purpose without prior written approval in writing from the Architectural Control Committee. 

e.       Any and all lines and/or wires for communication or for transmission of sound or current, not within a building, shall be constructed or placed and maintained underground. 

Section 3.  Front Setback for Section Two Lots.  Notwithstanding the front 10 foot building line indicated on the plat of Eldridge Park, Section Two, no residence shall be constructed on any Section Two Lot nearer than twenty (20) feet from the right-of-way of the street serving such Lot except that residences may be constructed within fifteen (15) feet of the street right-of-way on the following cul de sac Section Two Lots:  Lots 25-29 of Block 4, and Lots 35-40 of Block 4.

 

Section 4.  Lots Abutting Eldridge Glen Drive.  The residence constructed on each Lot which abuts Eldridge Eldridge Glen Drive as well as another road or roads shall be constructed with the front of the residence facing a road other than Eldridge Glen Drive and with the driveway access through a road other than Eldridge Glen Drive; provided, however, such restriction shall not apply to the following Lots in Eldridge Park, Section One:  Lots 10 and 14 in Block  3, Lot 37 in Block 4, Lots 1 and 6 in Block 6, and Lot 19 in Block 7.

 

Section 5.  Side Setbacks.  No part of a residence or garage shall be located on a Lot nearer than five (5) feet to a side Lot line; provided, however, notwithstanding the foregoing, a detached garage may be located no nearer than three (3) feet from a side Lot line.