,!.,,~:...." " 1{ '\,",.~ SUPPLEMENTAL DECLARATION ;\ND ANNEXATION AGREEMENT ELDRIDGE MEADOW SECTION 3 Tills ANNEXATION OF PROPERTY INTO CHIMNEY HILL IV COMMUNITY ASSOCIATION, INC. ("Annexation Agreement") is made as of the date set out below, by CANYONLANDS PARTNERS II, LTD., (hereinafter referred to as "Declarant"), and CHllvfNEY HILL IV COMMUNITY ASSOCIATION, INC. (hereinafter referred to as the "Association ");..i;; i WITNESSETH, I WHEREAS, that certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is recorded in the Office of the County Clerk of Harris County, Texas, under County Clerk's File No. R169992, Film Code No. 501-95-2732, et seq., Real Property Records of Harris County, Texas, covering that certain tract and parcel therein described and referred to as ELDRIDGE MEADOWS, SECTION I, according to the map or plat thereof recorded in File Code No. 360147 (hereinafter referred to as the "Original Declaration"); WHEREAS, the Original Declaration has been amended by that certain instrument recorded under Clerk's File No. R929772, Film Code No. 508-39-3718, et seq., Real Property Records of Harris County, Texas (the Original Declaration, the above referenced instrument, and all amendments thereto being hereinafter collectively called the "Declaration"); property: WHEREAS, said Declaration contains the following provision for annexation of Article V General Provisions Section 6 Annexation. Additional contiguous residential property and Common Area will be annexed into the Association by consent of the majority of the Association Board of Directors without the approval by the membership such consent shall not be umeasonably withheld. Section 7 Additions to Existing Property. Additional lands may become subject to the scheme of this Declaration in the following manner: the Declarant, its successors and assigns, shall have the right to bring within the scheme of this subdivision additional properties in future stages of the development of the Subdivision, upon the approval of the Board of Directors of the Association. The Board of Directors shall approve any annexation so long as the Supplemental Declaration of Covenants contains the following: Any additions authorized under rjsupplementalagmt!
r"'_'c' ", 'J. '" ;';~C"... - ~ -,; ':;J ". '1-.:')..' '!: this section shall be made by filing or recording a Supplemental Declaration of : Covenants with respect to the additional property which shall extend the scheme of the Covenants of this Declaration to such property and tl1e execution thereof by members of the Board of the Association shall constitute all requisite evidence of the required approval thereof of such Board of Directors. Such Supplemental Declaration must impose a regular maintenance assessment on the property covered thereby on a uniform per lot basis equivalent to tile assessment imposed by this Declaration. Such Supplemental Declaration must also impose provisions for special assessments consistent with those contained in this Declaration. Such Supplemental Declaration may contain complimentary additions or modifications to the Covenants contained in this Declaration, provided that such additions or modifications are consistent witil the administration of the additional property in one common scheme with the existing subdivision. The Declarant, its successors or assigns shall not be obligated to construct additional recreational facilities, such as a swimming pool, tennis courts, or comparable facilities, in the property to be annexed as set forth above, unless the total extent of the property to be annexed' exceeds sixty (60) acres. ;c! WHEREAS, CANYONLANDS PARTNERS II, Lill. is the owner ofa certain property, said property being more particularly described in Exhibit "A" which is attached hereto and made a part hereof, within the area contiguous to the property described as being encwnbered in said Declaration, which is or will be platted as ELDRIDGE MEADOW, SECTION 3; WHEREAS, CANYONLANDS PARTNERS fi, LTD. desires to subject ELDRIDGE MEADOW, SECTION 3 to the Declaration. NOW, THEREFORE, pursuant to the said Declaration, the Board of Directors of the CHIMNEY HILL IV COMMUNITY ASSOCIATION, INC., hereby annexes the property described in Exhibit "A" hereto into the CHIMNEY HILL IV COMMUNITY ASSOCIATION, INC. and hereby subjects ELDRIDGE MEADOW, SECTION 3 to the Declaration, as amended, effective as of the date of recording oftl1is Annexation Agreement, including but not limited to the covenants for maintenance assessments, and the lien contained therein securing the payment of all assessments; It is understood and agreed that the Association shall (i) enforce all restrictive covenants applicable to ELDRIDGE MEADOW, SECTION 3, and (ii) pay ~or maintenance of.all. common areas within ELDRIDGE MEADOW, SECTION 3, including mamtenance of the existing esplanades on Log Cradle Drive and any signs erected by Declarant within said esplanades and along Crossing Drive. rjsupplementalagmt
- '.! Executed on this -~ day Of~~/ -" 1999. STJPPLEMENTAL DECLARATION AND ANNEXATION AGREEMENT DECLARANT: CANYONLANDS PARTNERS U, LTD. A Texas Limited Partnership, ("Declarant") By: Eldridge Interests, Inc., its General Partner J. "--- DECLARANT UNDER ORIGINAL DECLARATION: CANYONLANDS CORPORATION A Texas Corporation By: () / /.WI" /,... - J~~ f/~~~l- Title; President IjSupplementalAgmt
....I ~ "',~ S '.HILD.MY COM June f8, LEW 200 EXP ~~~ '~i STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the --1.r:. day of_o ::If ~-LLA~., -"""; 1999 by J. Lloyd Moore, President of Eldridge Interests, Inc., the General P~o:r---=-d' Canyonlands Partners II, Ltd., a Texas limited partnership, on behalf of said corporation and.~ ~ \-'. ~ ltao Notary Public, State of Texas S..MY '.HILD COM LEW EXP ~~J -..~ 'ti. 6.~ STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the -~ day of(ltl ~ A /1 A'1-1999 by J. Lloyd Moor~, :fj'eside~! of Canyonlands Corporation, a Texas C~rati~n-, ~~b~ of said corporation. ~. June 18,2002 Notary Public, State of Texas ltao "ili. I, -,." ",, ".,/! rjsupplementalagmt.
" i;,, \.,.; 0 LIENHOLDER CONSENT AND SUBORDINATION Sterling Bank, a Texas State Banking Corporation, being tile sole beneficiary of a mortgage lien and other liens, assignments and security interests encumbering all or a portion of the Property hereby consents to the tends and provisions of this Annexation Agreement to which this Lienllolder Consent and Subordination is attached and acknowledges that the execution thereof does not constitute a default under the lien docwnent or any other docwnent executed in connection with or as security for the indebtedness above described, and subordinates the liens of the lien document and any other liens and/or security instruments securing said indebtedness to the rights and interests created under said Declaration, and acknowledges and agrees that a foreclosure of said liens and/or security interests shall not extinguish the rights, obligations and interests created under this Declaration. No warranties of title are hereby made by lienholder, lienholder's joinder herein being solely limited to such C~d subordina:1' ~ BY: -p/~~~~~~4~ ~ STATE OF TEXAS COUNTY OF HARRIS :fime~ b. ~,-"\-l -- Typed or Printed Name,.. ~. VL~~ {JrC.-s\~~ Title Date -3~-3-C)4 -- BEFORE ME, the undersigned authorjty, on this day personally appeared ('(\~e".~~~ ~.-' ~. 'i\.'c..l R-c.-s.Ji2,.J::- of Sterling Bank. known by me to be the person whose name is subscribed to the foregoing instrument, and acknowle~ge~ to me that hoe executed the same for the purposes and consideration therein expressed and In his representative. "~ capacity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2- ~~~::b::: --' 1999. '/ " day of MARn-lA. A. MAZZOLA ' /'I~~g~~f~~~--- -. ~ Pu~. S1IdI ~ T" '-" 'Y\~)~~ ~.~.MyC4Xnmllllon~""7.2-2002 Notary Public, State oft rjsupplementalagmt
.' \. JOINDER BY ASSOCIATION Chinmey Hill IV Community Association, Inc. joins herein for the purposes of evidencing its approval and acceptance of the attached Annexation of Property. ASSOCIATION: CHII\IfNEY HILL IV COM:MUNITY ASSOCIATION, INC.. BY: -=~~~~~~ft~-l'u'y'-' --.'~fjr~"1 EB ~ESo'" : T d. '1; c"","' ype or Pnnted Name I,C ""'" """"~j!~.,:~,;~~::tj,. ';'},~~, " i PR E'.5 IP EN r..,. Title -~ ')\I\AR.c.. H Date 1 q q q 8 STATE OF TEXAS COUNTY OF HARJUS This instrument was acknowledged before me on.the:fi!;l day orllim11-, 1999 by -~~c.~~t:jabg.-~l)~, the Qce.. ~ ;d~ of Chimney. Hill IV. Community Association, Inc., a Texas Non-Profit CorporatIon, on behalf of said corporation. re:tammera l. ROBERTS.Notary Public, State of Texas \.I My CommIssion Expires., ~~ 5-11-2002 rjsupplementalagmt..." \'"
"\ \,j DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPROVAL I,, as tile authorized representative for the Department of Housing and Urban Development have read the attached Supplemental Declaration and Annexation of Property into Eldridge Meadows Section I Declaration of Covenants, Conditions and Restrictions and hereby approve the Am1exation of the property described in Exhibit "A" into Eldridge Meadows Section I. By: Typed or Printed Name ST ATE OF TEXAS COUNTY OF HARRIS Title Date BEFORE ME, the undersigned authority, on this day personally appeared, of the Department of Housing and Urban Development, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in his representative capacity, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this,1999. day of Notary Public, State of Texas 'c; IjsupplementalAgmt,',f ' ;,"cc, ~:;, ""'c :,c
..,,,"",' """""ioi. J \, I- "" DEPARTMENT OF VETERANS ADMINISTRATION I, ' as the authorized representative for the Department of Veterans Administration have read the attached Supplemental Declaration and Annexation of Property into Eldridge Meadows Section I Declaration of Covenants, Conditions and Restrictions and hereby approve the Annexation of the property described in Exhibit "A" into Eldridge Meadows Section I. By: --- Typed or Printed Name -.. Title - Date STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared, of the Department of Veterans Administration, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in his representative capacity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this, 1999. day of Notary Public, State of Texas rjsupplementalagmt
-., -'\ EXHIBIT "A'l DESCRIP'rION 4.286 acres of land situated in the Charles Scarbrough Survey, Abstract 718, Harris County, Texas being a portion of Unrestricted Reserve "A" of Eldridge Crossing, a subdivision as shown on map or plat and recorded in Volume 320, Page 61 of the Harris County Hap Records, said 4.286 acres of land being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod found at the Northwesterly corner of said Reserve "A", being in the East line of that certain called 10.5736 acre tract of land, as described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File Number H625029, also being in the Southerly right-of-way line of Crossing Drive (60 foot in width); Thence, N 720 33' 32" E, along the Southerly right-of-way line of said CroBsing Drive, a distance of 297.10 feet to a 5/8 inch iron rod found for a poi lit of curvature; Thence, in a Northeasterly direction, continuing along the Southerly right-of-way line of said Crossing Drive, with a curve to the right having a central angle of 060 40' 39", a radius of 278.55 feet, and an arc length of 32.46 feet, a chord bearing of N 75.53' 52" E and a chord length of 32.45 feet to a 5/8 inch iron rod found for the point of tangency; Thence, N 790 14' 11" E, continuing along the Southerly right-ofway line of said Crossing Drive, a distance of 50.00 feet to a 5/8 inch iron rod found for a point of curvature; Thence, in a Northeasterly d,irection, continuing along the Southerly right-of-way line of said Crossillg Drive, with said curve to the left having a central angle of 060 40' 39", a radius of 338.55 feet, and an arc length of 39.46 feet, a chord bearing of N 750 53' 52" E and a chord length of 39.43 feet to a 5/8 inch iron rod found for the point of tangency; Thence, N 72033' 32" E, continuing along the Southerly right-ofway line of said Crossing Drive, a distance of 40.00 feet to a ~/8 inch iron rod found at the Northwesterly end of a cut-back l~ne between the Southerly right-of-way line of said Crossing Drive a~d the Westerly right-of-way line of Log Cradle Drive (100 foot 1.n width); Thence, S 620 26' 28" E, along said cut-back line, a distance of 13.57 feet to a 3/4 inch iron rod set for the Southeasterly end of said cut-back; Thence, in a Southeasterly direction, along the Westerly right-,;>fway line of said Log Cradle Drive, with a curve to the right hav~ng a central angle of 120 24' 57", a radius of 1,950.00 feet, an arc length of 422.56 feet, a chord bearing'ot S 10. 04' 11" E and a chord length of 421.73 feet to a 3/4 inch iron rod set for corner; Thence, S 870 40' 04 W, a distance of 417.22 feet to a 3/4 inch iron rod set for an interior corner; Thence,S 020 20' 19" E, a distance of 21.89 feet to a 3/4 inch iron rod set for corner; Thence N 70. 59' 27" W, along a Southerly line of Reserve "A", a distan~e of 106.94 feet to a 5/8 inch iron rod found for corner; Page 1 of 4
,,'.,,; Thence, NOlo 45' 14" W, along the Easterly line of said called 10.5736 acre tract, a distance of 297.79 feet to the POINT OF BEGINNING and containing 4.286 acres of land. ON BASED ON TilE PLAT OF ELDRIDGE CROSSING AS E 320, PAGE 61 UF 1'HE HARRIS COUNTY MAP RECORDS. CO k.-':(:[ -+ OF r--;'-.. t-."i:ii~ii!,f'~'" '\ "'.".,~~ * ~6';~j'\. :."....":." \ e: September 25, 1 9'IJ...'1.81~.'..:"'" HARriY H. 1;()\'lv~; II! Dwg b Number: HSC 95-003-73 0O255-E-1 '~~rr.~~,~",o ("..~-9.\"t;'.':"t. File Number! C95-()O3. 73() ~ ~~ Updated: October 6, 1998 Page 2 of 4
""."'".'i..., '..' DESCRIPTION 10.804 acres of land situated in the Charles Scarbrough Survey, Abstract 718, Harris County, Texas being a portion of Unrestricted Reserve "8" of Eld:idge Crossing, a subdivision as shown on map or plat and rec~rded ~n Volume 320, Page 61 of the Harris County Map Records, sa~d 10.804 acres of land being more particularly described by metes and bounds as follows: Beginning at, a 5/8 inch iron rod found at the Northeasterly end of a <;,ut-back l~ne bet~een the Southerly right-of-way line of Crossing Dr~ve (60 feet in w~dth) and the Easterly right-of-way line of Log Cradle Drive (100 foot in width); Th7nce, N?2 33: 32" E',along the Southerly right-of-way line of sa~d Cross~ng Dr~ve, a d~stance of 982.12 feet to a 5/8 inch iron rod found for a point of curvature; Thence, in a Northeasterly direction, along the Southerly right-ofway line of said Crossing Drive, with said curve to the right having a central angle of 160 30' 49", a radius of 176.73 feet, an arc length of 50.94 feet, a chord bearing of N 800 48' 56" E and a chord length of 50.76 feet to a 5/8 inch iron rod found for the point of tangency; Thence, N 89004' 21" E, continuing along the Southerly right-ofway line of said Crossing Drive, a distance of 19.97 feet to a 3/4 inch iron rod set for the Northwesterly end of a cut-back line between said Crossing Drive and North Eldridge Parkway (100 foot width) ; Thence, S 450 52' 11" E, along said cut-back line, a distance of 14.14 feet to a 3/4 inch iron rod set for the Southeasterly end of said cut-back line; Thence, in a Southeasterly direction, along the Westerly right-ofway line of said North Eldridge Parkway, with a curve to the right having a central angle of 00049' 14", a radius of 17,516.53 feet, an arc length of 250.88 feet, a chord bearing of S 00. 23' 11" E, and a chord length of 250.88 feet to a 5/8 inch iron rod found for the point of tangency; Thence,S 00.01' 26" W, continuing along the Westerly right-of-way line of said North Eldridge Parkway, a distance of 100.00 feet to a 5/8 inch iron rod found for a point of curvature; Thence, in a Southeasterly direction, continuing along the Westerly right-of-way line of said North Eldridge Parkway, with said curve to the left having a central angle of 00. 21' 43", a radius of 17,616.53 feet, an arc length of 111.29, a chord bearing of S 000 09' 26" E and a chord length of 111.29 feet to a 3/4 inch iron rod set for corner; Thence, S 870 40' 04" W, along the Northerly line of Eldridge Plaza Shopping Center, a subdivision as shown on map or plat and recorded in Volume 334, Page 46 of the Harris County Hap Records, a distance of 484.61 feet to a 3/4 inch iron rod set for corner; Thence,S 020 19' 56" E, along the Westerly line of said Eldridge Plaza Shopping Center, a distance of 245.39 feet to a 3/4 inch iron rod set for corner; Thence, S 87. 40' 04" W, a distance of iron rod set in the Easterly right-of-way 474.08 line feet to of said a 3/4 inch Log Cradle Drive; Page 3 of 4
018 iii ".,1 I.,- Thence, in a Northwesterly direction, along the Easterly right-ofway line of said Log Cradle Drive with a curve to the left having a central angle of 120 31' 30", a radius of 2,050.00 feet, and an arc length of 448.14 feet, a chord bearing of N 10. 02' 58" Wand a chord length of 447.24 feet to a 5/8 inch iron rod found for corner; Thence, N 270 33' 32" E, along said cut-back line between Log Cradle Drive and Crossing Drive, a distance of 14.70 feet to the POINT OF BEGINNING and containing 10.804 acres of land. BEARING ORI I BASED ON 'fhe P~ OF ELDRIDGE CROSSING AS RECORDED VOLU 320, PAGE 61 OF~~~.~.(?o~~~e COUNTY MAP RECORDS. HOVIS S VEYI CO...."'.,"uISTEifl,;-.tt " ~..o""* "'0.:1',...0..,.,",..I. 0. :.. HARRY 0.."."' tl H(JVI:) ".. ". vll I ~ 14.",,.. ~.,.:\.,,~. September 25, 19 'i.'.9flf!i!)l~) {1J Dwg b Number: HSC 95-003-73 0025S-E-l "'0 Slj~'J: -u""" File Number: 095-003.73D Updated: October 6, 1998 Page 4 of 4