Article 1 - Definitions
Section 1. "ASSOCIATION" is defined as Eagle Landing Homeowners Association, Inc., a Virginia non-stock corporation, its successors and assigns.
Section 2. "BOARD OF DIRECTORS" is defined as the Board of Directors of the Association which shall be elected by the members of the Association as provided in the Association's By-Laws.
Section 3. "CLERK'S OFFICE" is defined as the Clerk's Office of the Circuit Court of the County of Lancaster, Virginia.
Section 4. "DECLARANT CONTROL PERIOD" is defined as the period commencing May 17, 1993, and ending on the earlier to occur of (i) June 1, 2003, or (ii) when seventy-five percent (75%) of the Lots permitted by the County of Lancaster for Eagle Landing have Certificates of Occupancy issued for the residences constructed thereon and ·have been conveyed to parties other than the Declarant or builders holding title solely for the purpose of construction and resale, or (iii) when the Declarant voluntarily terminates the Declarant Control Period.
Section 5. "DECLARANT'S UTILITY RIGHTS" is defined as the exclusive and assignable rights, powers, easements and privileges hereby reserved by the Declarant to go on, over, under and upon every portion of the Eagle Landing Community Area and the Recreational Facilities except those portions upon which structures have been erected, to 1erect, lay, implant, construct, maintain, extend, use and repair electric, television and telephone poles, wires, cables, and conduits, drainage ways, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, water, sewer, drainage and other public and private conveniences and utilities, including the right to locate, construct, maintain, use and repair wells, pumping stations and water pressure regulating vaults. These rights include the right to cut any trees, bushes, or shrubbery, and the right to make any gradings of the soil or take any similar action reasonably necessary to provide and extend economical and safe installation and maintain reasonable standards of health, safety and appearance. The Declarant's Utility Rights shall also include the exclusive and alienable right to sell, grant, and convey or dedicate roadways and other means of vehicular and pedestrian ingress and egress throughout Eagle Landing. The Declarant's Utility Rights are and shall be in addition to all other easements reserved herein and upon any subdivision plat or other easement agreement.
Section 6. "DECLARATION" is defined as this Declaration of Covenants and Restrictions, as well as all amendments hereto which have been or may be properly effected.
Section 7. "EAGLE LANDING" is defined as that certain real property shown on the Plats of Survey, and any additions which are annexed thereto.
Section 8. "EAGLE LANDING COMMUNITY AREA" is defined as all real property owned or to be owned by the Association, for the common use and enjoyment of all owners. The Eagle Landing Community Area shall consist of all property conveyed to the Association which is. designated or described as Community area and shall include all property shown on any subdivision plat, any plat attached to a deed of conveyance from the Declarant or otherwise recorded by the Declarant in the Clerk's Office, which is designated as Eagle Landing Community Area. Each portion of Eagle Landing Community Area shall he deemed to have been created as Eagle Landing Community Area on the date that the plat first depicting and describing such portion as Eagle Landing Community Area is recorded in the Clerk's Office. Any portion of Eagle Landing Community Area may be conveyed by the Declarant to the Association at any time after or contemporaneously with its creation, and the Association shall be bound to accept any properly conveyed to it by the Declarant as Eagle Landing Community Area. All easements reserved by or conveyed to the Association for the common use, benefit and enjoyment of all Owners or which are otherwise depicted on a plat, recorded in the Clerk's Office, shall be deemed to be Eagle Landing Community Area easements. No part of the Eagle Protection Zone or the Eagle Management Zone shall be part of the Eagle Landing Community Area unless shown and designated as such on a subdivision plat, a plat attached to a deed of conveyance from the Declarant or otherwise recorded in the Clerk's Office.
Section 9. "IMPROVED LOT" is defined as a Lot upon which a residence has been substantially completed. A residence shall be deemed to be substantially completed upon the earlier to occur of (i) issuance of a temporary or final certificate of occupancy, or (ii) twelve (12) months from the date that a building permit for the residence is issued.
Section 10. "LOT" is defined as any Lot depicted on any subdivision plat approved by the County of Lancaster, Virginia, and recorded in the Clerk's Office which effects a subdivision of any land within Eagle Landing, including any Lot upon which a single family detached residence can be constructed. The definition of "Lot" does not include any area depicted as Community area, easements, etc.
Section 11. "LOT OWNER" or "OWNER" is defined as the record owner, whether one or more persons or entities, of a fee simple title to any Lot, including the Declarant, but excluding those having such interest merely as security for the payment of a debt or the performance of an obligation.
Section 12. "MORTGAGE" is defined as any first priority deed of trust or mortgage which secures a loan or indebtedness made, insured, or guaranteed by an institutional lender, insurer or guarantor which encumbers or constitutes a lien upon any property within Eagle Landing.
Section 13. "MORTGAGEE" is defined as any institutional lender, insurer or guarantor of a loan or indebtedness secured by a first priority deed of trust or mortgage which encumbers or constitutes a lien upori any property within Eagle Landing.
Section 14. "RECREATIONAL FACILITIES" is defined as any swimming pool facility, tennis facility, clubhouse and any other indoor or outdoor athletic, recreational or leisure facility for the use, enjoyment, and benefit of Lot Owners, constructed with Eagle Landing by the Declarant and designated as "Recreational Facilities" or "Recreational Community Areas" on a plat recorded in the Clerk's Office.
Section 15. 'EAGLE PROTECTION ZONE' is defined as that area designated as such on plat entitled Subdivision of Eagle Landing made by Smith Demer Normann, dated October 9, 1990, recorded in the Clerk's Office aforesaid in Plat Book 2 , page 46, et seq .
Section 16. 'EAGLE MANAGEMENT ZONE" is defined as that area designated as such on plat entitled Subdivision of Eagle Landing made by Smith Demer Normann, dated October 9, 1990, recorded in the Clerk's Office aforesaid in Plat Book 2, page 46, et seq.
Section 17. Interpretation. The definitions and text contained in this Article are substantive and not solely illustrative or precatory. The provisions of this Article shall be given full force and effect and shall govern the construction of the Declaration.