Bayshore Estates

What Bayshore Estates's governing documents say

Bayshore Estates is a commercial/industrial property in Wilmington, NC, governed by a Declaration of Easements, Restrictions, and Cost-Sharing Agreement between two tract owners. This document is not a homeowners' association rulebook; it primarily establishes shared access and utility easements, use restrictions, and maintenance obligations between the two tracts.

• Document type & who it binds: This is a Declaration of Easements, Restrictions, and Cost-Sharing Agreement between the owners of two tracts (Tract 1 and Tract 2) within Bayshore Estates. It binds the current and future owners of each tract, not individual homeowners or tenants.
• Shared access & drive lane: Each tract owner has a permanent, non-exclusive easement to use the other's access facilities (curb cuts, drives, parking areas) for vehicular and pedestrian access to Marsh Oaks Drive and US Hwy 17. A specific 24-foot-wide Drive Lane on Tract 1 provides access from the tracts to Marsh Oaks Drive. Cross-parking is not allowed.
• Maintenance responsibilities: Each tract owner must maintain the access facilities on its own tract. The Tract 2 Owner maintains the portion of the Drive Lane labeled 'PURCHASER'S DRIVE LANE'; the Tract 1 Owner maintains the remainder. If one owner fails to maintain, the other may perform the work and seek reimbursement plus 8% interest.
• Utility easements (water & sewer): Tract 2 has a non-exclusive easement on Tract 1 to install, maintain, and repair sewer and water lines, preferably within the Drive Lane or a designated 30-foot utility easement. Tract 2 bears the cost of installation and maintenance, and must restore disturbed areas.
• Prohibited uses: No part of the property may be used for liquor stores, adult entertainment, marijuana operations, off-track betting, pool halls, bingo parlors, noxious businesses, manufacturing, pornographic materials, bowling alleys, skating rinks, nightclubs, mobile home parks, distilleries, junk yards, dumps, drug paraphernalia sales, flea markets, massage parlors, pawn shops, flashing neon signs, or outdoor seasonal/periodic merchandise display (except playgrounds on Tract 2).
• Tract 1 additional restriction (10-year limit): For 10 years from the recording date (July 2022), Tract 1 cannot be used as a childcare facility or school. Short-term instructional activities (e.g., tutoring, dance, martial arts) are allowed if each child's scheduled activities do not exceed 2 hours per day.
• Insurance & indemnification: Any tract owner performing work on the other's tract must carry commercial general liability insurance of at least $1,000,000 per occurrence and $3,000,000 aggregate, and name the other owner as an additional insured. Each owner indemnifies the other for negligence or willful misconduct.
• What this document doesn't cover: This document does not create a homeowners' association, set rules for individual homeowners, regulate leasing, pets, or architectural changes to homes, or establish any resident conduct rules. It is a commercial easement and cost-sharing agreement between two property owners.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.