Futch Creek Village

What Futch Creek Village's governing documents say

This is a Declaration of Easements for two commercial tracts (Tract 1 and Tract 2) within Futch Creek Village, a development in Porters Neck, NC. It is not a homeowners' association rulebook or a residential community guide; it governs access, utility, and stormwater rights between the two tracts for the benefit of their owners (likely commercial or institutional entities).

• What this document covers: The document establishes mutual access and utility easements between Tract 1 and Tract 2, and sets stormwater management covenants and cost-sharing obligations. It is a commercial easement and covenant agreement, not a residential community declaration.
• Access & easements: Perpetual, non-exclusive easements for vehicle and pedestrian access over roadways, driveways, and walkways within the tracts. No fences or barriers may prevent convenient access, but landscaping, lighting, and traffic controls are allowed.
• Utility easements: Perpetual non-exclusive utility easements (10 feet wide) along property lines for installing and maintaining underground lines (water, sewer, gas, electric, telecom). Installation requires prior written approval from the burdened owner, must be underground, and the installing owner bears all costs and restoration.
• Stormwater management: The stormwater system must comply with a state permit. Tract 1 is allocated 85% impervious surface of its area. Declarant builds and maintains the system; Tract 1 owner pays 20% of construction cost (capped at $250,000) and 20% of maintenance costs. Unpaid invoices accrue 18% interest.
• Amendment & termination: Declarant can amend unilaterally until it no longer owns any tract. Otherwise, amendment requires 75% of acreage owners' consent plus Declarant's consent if it still owns property. No amendment can deprive a tract of access or reduce Tract 1's impervious surface allocation without that owner's approval.
• What this document doesn't cover: This document does not contain any residential use restrictions, architectural guidelines, pet rules, leasing limits, or age restrictions. It is a commercial easement and stormwater covenant between two tracts, not a community association declaration for homeowners.

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.