WHEREAS, it is the intent of Developer to establish a general plan and uniform scheme of development and improvement of the Property, and
WHEREAS, Developer wishes to provide for the preservation and enhancement of property values, amenities and opportunities within the Property in order to contribute to the personal and general health, safety and welfare of the property owners and residents therein and to maintain the land and improvements therein, and to this end wish to subject the Property to the covenants, restrictions, owners association, easements, reservations, assessments, charges, liens and other provisions hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by the development and each and every subsequent owner of any of the lots in said Development, Developer does hereby set up, establish, promulgate and declare to the following to apply to all of said lots and to all persons owning said lots, or any of them, hereafter; these covenants, restrictions, owners association, and limitations shall become effective immediately and run with the land and shall be binding on all persons claiming under and through the development, to‑wit:
The following terms, as used in this Declaration, shall have the following meanings:
1.1 DEVELOPER shall mean S & W Developers Corporation, its successors and assigns.
1.2 LOT shall mean and refer to any platted subdivision lot or parcel in the property described in the plat hanger and pages referenced above. There is specifically excepted from the lots designated as Lot Nos. 6, 9, 12, 16, 18 and 20 the following: 7 and ½ feet from the center of the Old Ellijay Highway. The Developer is not making any claim to the 7 and ½ feet from the center line of said road and likewise is not conveying the same to any third party.
1.3 OWNER shall mean and refer to the record owner, whether one or more persons or entities, of any Lot which is a part of this Declaration, including contract sellers (but not contract purchasers) and Developer.
ASSOCIATION shall mean and refer to White Oak Ponds Owners Association, its
successors and assigns.
COMMON AREA shall mean all real property (including the improvements thereto),
owned by the Association for the common use and enjoyment of the owners.
PRIVATE ROAD shall mean any road (s) within the interior of WHITE OAK PONDS
OLD PUBLIC ROAD shall mean the Old Ellijay Highway which traverses the eastern
boundary of White Oak Ponds Subdivision. Said road is specifically excluded from the subdivision and/or development road system and is not a part of the same.