Smith Creek Station

What Smith Creek Station's governing documents say

This is a commercial property easement and use restriction document for Smith Creek Station, a shopping center in Wilmington, NC. It governs the Soho Parcel (a Japanese restaurant site) and Outparcel #2, not a residential community. The rules bind the parcel owners and their tenants, not homeowners or renters.

• What this document covers: This is a Declaration of Easements and Restrictive Covenants for a shopping center, not a residential HOA or condo. It creates access easements, utility easements, and use restrictions for two commercial parcels (Soho Parcel and Outparcel #2).
• Use restrictions: The Soho Parcel must be used as a Japanese restaurant (deriving >40% of gross sales from Japanese/Asian food cooked on-site). No other use without written consent from the developer (SCS). No portion of the property may be used for a full-service Japanese restaurant elsewhere while the Soho Parcel is a Japanese restaurant.
• Access & maintenance: A permanent non-exclusive access easement exists over a 30-foot-wide strip (Access Easement Area) for pedestrian and vehicular access to Old Eastwood Road. The owners of the Soho Parcel and Outparcel #2 share equally the cost of constructing and maintaining the paved access drive.
• Construction easement: The Soho Parcel owner has a temporary 18-month easement to build a paved driveway and related improvements in the Access Easement Area, subject to developer approval and permits. The Soho Parcel owner pays half the construction cost; the other half is reimbursed by the owner of Outparcel #2 (or the developer if unsold).
• Utility easements: Both parcel owners have a permanent non-exclusive easement over the Access Easement Area for utility lines serving their parcels, with the right to relocate lines at their own expense if needed for development.
• Indemnity & remedies: Each owner indemnifies the other for claims arising from their use of the Access Easement Area. Breach can be enforced by specific performance, injunction, or lien. The declaration can only be amended by written agreement of the developer and both parcel owners.
• What this document doesn't cover: This document does not contain any residential rules (e.g., pet limits, lease terms, parking for residents, architectural review for homes, or age restrictions). It is a commercial reciprocal easement agreement for a shopping center.

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.