Midtown Park at Barclay

What Midtown Park at Barclay's governing documents say

This is a Declaration of Easements, Restrictions and Cost-Sharing Provisions for a portion of the Midtown Park at Barclay development in Wilmington, NC. It is not a full HOA or condominium rulebook; it governs stormwater drainage, cost-sharing, and temporary access easements among property owners within a defined drainage basin (Drainage Basin #2). The document primarily binds the developer and future owners of land within that basin, not individual homeowners or renters.

• Stormwater drainage easements: All owners within Drainage Basin #2 have a non-exclusive easement to drain stormwater into detention ponds and drainage areas on the property. Owners may grade or install drainage pipes at their own expense, but must not interfere with other owners' drainage rights.
• Cost sharing for drainage maintenance: Drainage maintenance costs (including legal, admin, and accounting fees) are shared among owners based on their pro-rata acreage. The Phase 3A Tract (13.036 acres) pays 37.7%; the Cameron Tract (21.544 acres) pays 62.3%. Invoices are sent quarterly, due within 30 days, with 12% annual interest on late payments and potential lien rights.
• Stormwater permit restrictions: The property is subject to City of Wilmington Stormwater Permit #2021024. Maximum built-upon area (impervious coverage) for Drainage Basin #2 is 1,184,740 sq ft. The Phase 3A Tract is capped at 388,075 sq ft (excluding future roads). Owners must obtain separate permits before construction and ensure runoff drains into the permitted system.
• Temporary access and utility easements: Temporary non-exclusive easements for ingress, egress, utilities, and drainage exist over future road areas (Breezewood Dr and Dusty Miller Ln) and a 10-foot perimeter. These easements expire when roads are dedicated to the city. Until then, the developer maintains the roads, with costs shared among basin owners.
• Developer's reserved rights: The developer (Cameron Properties Land Company, LLC) retains the right to amend the declaration, grant additional easements, and reallocate built-upon area, as long as it does not materially harm the Phase 3A Tract's drainage rights or increase its cost share. The developer may also transfer maintenance obligations to another entity.
• What this document doesn't cover: This document does not establish a homeowners association, set rules for residential use (e.g., pets, leasing, parking), or define individual lot restrictions beyond stormwater. It is an ancillary document focused solely on drainage and access easements among large land tracts.

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.