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enforce this Declaration and to collect assessments and generally provide for the orderly enjoyment of the subdivisions to be platted by Developer, its successors or assigns; and WHEREAS, water and sewer utilities servicing the Property shall be provided by the City of New Smyrna Beach, or its successors and assigns. NOW, THEREFORE, this Declaration is made, filed and recorded by the Developer so that from the effective date hereof, the real property described in the Legal Description which is attached hereto as Exhibit A, is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied, and used subject to the restrictions, conditions, easemmts, charges, burdens, assessments, affirmative obligations, and liens (all hereinafter sometimes referred to as the Covenants) hereinafter set forth. This Declaration shall become effective on rhe date and at the time it is filed and recorded in the Public Records of Volusia County. This Declaration does not and is not intended to create a condominium within the Florida Condominium Act.
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ARTICLE[ DEFINITIONS AND DESCRIPTIONS OF PROPERTY
Section 1.1 Definitions. The following words and terms when used in this Declaration and any supplemental declaration, unless the context clearly indicates otherwise, shall have the following meanings: a. Associations. Inclusively refers to the Owners Association and any Neighborhood Associations which Developer establishes. b. Committee shall mean the Design Review Committee appointed by the Developer, with responsibilities as defmed in Article n hereof. c. Common Area shall mean those areas shown and indicated. as Common Areas on the plats to be recorded and subjected to this Declaration. d. Conservation Easement Ares shall mean all those areas which are subject to the special use restrictions specified in Section 7.3 of tllis Declaration and which are shown and indicated as Conservation Easements on the plats to be recorded and subjected to this Declaration. Except to the extent they are located on Lot, all Conservation Easement Areas shall be dedicated to and owned by the Owners Association in fees simple. The Conservation Easements, including but not limited to those that restrict the use of a Lot, are fully enforceable by the Owners Association, 2
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