ELDRIDGE PARK

DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS 

ARTICLE VI 

RESERVATION AND GRANT OF EASEMENTS 

            Section 1.  Utilities.  Easements for installation, construction, reconstruction, patrolling, inspection, maintenance, repair, removal, and/or addition of utility systems or facilities and for ingress and egress to or from and upon such utility easements are reserved by Declarant as shown on the plats of the Property, the provisions of said plats pertaining to the use of land situated within such utility easements being hereby referred to and incorporated herein for all purposes.  Full right of ingress and egress shall be had by Declarant, any municipal authority having jurisdiction over the Property, and any utility company which provides utilities to the Property, at all times over any dedicated easement for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility.  All claims for damages, if any, arising out of the construction, reconstruction, patrolling, inspection, maintenance, repair, removal and/or addition of utilities or on account of temporary or other inconvenience caused thereby, against the Declarant, or any utility company or municipality , or any of its agents or servants, are hereby waived by the Owners. 

            Section 2.  Wall Easement.  There is hereby reserved and created a perpetual right and easement for the benefit of the Association, its successors and assigns, upon, over and across Lots 26, 27, 28, 39, 40 and 41 of Block 1 and Lots 25, 26, 27, 36, 37 and 38 of Block 4 of Eldridge Park, Section Two for the purposes of constructing, maintaining, repairing, replacing and reconstructing Landscaping and a brick wall or fence within the portion of each such Lot which is within sixteen (16) feet of the right-of-way for West Little York Road, together with the right to enter upon any such Lot as may be reasonably necessary to construct, maintain, repair, replace or reconstruct such Landscaping and wall or fence. 

            Section 3.  Universal Easement.  Each Lot and its Owner is hereby declared to have an easement, and the same is hereby granted to Declarant, over all adjoining Lots and Common Areas for the error, errors in original construction, settlement or shifting of the building, or any other cause.  There shall be easements for the maintenance of said encroachment, settling or shifting; provided, however, that in no event shall an easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners.  In the event a structure on any Lot is partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and there shall be easements for the maintenance of said encroachments so long as they shall exist.  Each of the easements hereinabove referred to shall be deemed to be established upon the recordation of this Declaration and shall be appurtenant to the Lot being serviced and shall pass with each conveyance of said Lot.