Noteworthy Features
PRIMARY
• Sleek ceiling fan and can lighting
• French doors into the primary bathroom
• Soaking tub with wall mounted plumbing
• Custom Herringbone floor tile
• Dual vanities
• Custom cabinetry
• Walk-in shower with rain head and handheld shower
• Dual shower niche
• Ample walk-in closet with built in shelving and drawers
THIRD LEVEL
• Rooftop terrace
• City views
• Storage
• Full bathroom
• Versatile space
AVAILABLE UPGRADES
• Entertainment cabinetry/bar for the third level (plumbing and electrical roughed in)
1511WaverlyAvenue,Charlotte,NorthCarolina28203-5238
1511 Waverly Avenue, Charlotte, North Carolina 28203-5238
MLS#: 4293317
Category: Residential County: Mecklenburg
Status: ACT City Tax Pd To: Charlotte Tax Val: $393,800
Subdivision: East Dilworth
Zoning Spec: N1-D
Parcel ID: 123-126-03
Legal Desc: L2 M70-951
Apprx Acres: 0.08
Lot Desc: End Unit, Infill Lot, Views
Zoning:
Deed Ref: 35020-536
Apx Lot Dim:
Additional Information
Prop Fin: Cash, Conventional
Assumable: No
Spcl Cond: None
Rd Respons: Publicly Maintained Road
General Information
School Information Type: Townhouse Elem: Dilworth Style: Modern Middle: Sedgefield
Levels Abv Grd: 4 Story High: Myers Park
Const Type: Site Built SubType:
Building Information
SqFt: Tot Primary HLA: 4,022 Garage SF: 760
Ownership: Seller owned for at least one year
Room Information
Main Sitting Bath Half Dining Rm Kitchen Living Rm
Upper Prim BR
Full
Bath Full Laundry
Third Bar/ Entertainment Bath Full Office
Lower Mud
Parking Information
Main Lvl Garage: No Garage: Yes # Gar Sp: 2
Covered Sp: Open Prk Sp: Yes/2 # Assg Sp:
Driveway: Concrete Prkng Desc:
Carport: No # Carport Spc:
Parking Features: Garage Attached, Garage Door Opener, Garage Faces Front, Keypad Entry, Parking Space(s) Features
Lot Description: End Unit, Infill Lot, Views View: City
Windows: Insulated Window(s)
Fixtures Exclsn: No
Foundation: Crawl Space, Slab
Accessibility:
Exterior Cover: Fiber Cement, Hard Stucco
Doors: Sliding Doors
Laundry: Laundry Room, Sink, Upper Level
Basement Dtls: No
Fireplaces: No
Construct Type: Site Built
Road Frontage: Road Surface: Paved Patio/Porch: Covered, Deck Roof: Rubber
Other Equipmnt:
Other Structure: None
Horse Amenities: None
Utilities: Cable Available, Electricity Connected, Natural Gas
Appliances: Convection Oven, Dishwasher, Disposal, Exhaust Fan, Exhaust Hood, Gas Range, Gas Water Heater, Ice Maker, Microwave, Refrigerator with Ice Maker, Self Cleaning Oven, Tankless Water Heater
Interior Feat: Drop Zone, Elevator, Entrance Foyer, Kitchen Island, Open Floorplan, Pantry, Walk-In Closet(s)
Floors: Tile, Wood
Exterior Feat: Rooftop Terrace
Green Energy Information
Sustainability: Engineered Wood Products, Spray Foam Insulation
Sewer: City Sewer
Heat: Forced Air, Natural Gas, Zoned
Subject to HOA: None
Land Included: Yes Pets:
Utilities
Water: City Water
Cool: Central Air, Electric, Zoned
Association Information
Subj to CCRs: Yes
Condo/Townhouse Information
Unit Floor Level: 1
Remarks Information
HOA Subj Dues: No
Entry Loc in Bldg: Main
Public Rmrks: Brand-new modern 4-story townhome in coveted Myers Park, walkable to Dilworth shopping/dining, East Blvd & Sugar Creek Greenway. Spanning 4,022 sqft., this residence features 10’ ceilings, 8’ doors, blonde white oak hardwoods, and a private elevator to all levels, including the expansive rooftop terrace. The chef’s kitchen boasts custom cabinetry, Thermador appliances, waterfall-edge island, gas range/pot filler & French door refrigerator. The primary suite offers a spa-like bath with soaking tub, rain shower, sleek tile, water
Directions:
DOM:
closet & custom walk-in closet. Each en-suite bedroom is finished with custom tile. The versatile third level includes a full bath and is roughed in for an entertainment bar, ideal for an office, lounge, or potential 4th bedroom. Additional highlights include a laundry room with sink & side-by-side space and abundant natural light. A rare opportunity to own a luxury new construction home in Charlotte’s premier neighborhood.
Listing Information
CDOM: Slr Contr: UC Dt: DDP-End Dt: LTC:
©2025 Canopy MLS. All rights reserved. Information herein deemed reliable but not guaranteed. Generated on 08/26/2025 11:17:36 AM
Drawn by and Mail to:
Benjamin C. Karb, Esq.
Kirk Palmer & Thigpen, P.A.
1300 Baxter Street, Suite 300
Charlotte, North Carolina 28204
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the “Declaration”) is made and entered into as of the _____day of ________________, 2025, by OPTIMUS PROPERTIES, LLC, a North Carolina limited liability company (“Declarant”).
RECITALS
Declarant is the owner of that Property (as defined below) which shall contain two (2) residential townhomes (together the “Townhomes”; each a “Townhome”) constructed in one building located on the Property. Declarant desires that the Townhomes and the Property will be maintained with a uniform appearance and that this Declaration will set forth the requirements for exterior maintenance and upkeep and will impose certain restrictions on the use of the Townhomes and the Property.
Declarant desires to provide for the preservation of the values and amenities in the Townhomes and for the maintenance of the shared portions of the Property and, to this end, desires to subject the Property to the covenants, conditions, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is, and are, for the benefit of the Property and each owner of a portion thereof.
DECLARATION
NOW THEREFORE, the Declarant declares that the Property and any additions thereto, is and shall be held, used, transferred, sold, conveyed and occupied subject to the terms, conditions and provisions of the covenants, conditions, restrictions, charges and liens as hereinafter set forth. The covenants and restrictions imposed herein shall run with the land and shall be a benefit and burden to Declarant, its successors and assigns, and any person or entity acquiring the Property or any Townhome.
Article I. DEFINITIONS
Section 1.01 “Building” shall mean the structure comprising the two (2) Townhomes constructed on the Property, as a whole.
Section 1.02 “Lot” shall mean and refer to any part or portion of the Property, fee simple title to which is, from time to time, owned by an Owner, the size and dimensions of which shall be established by the legal description in the deed conveying such Lot and which may, but need not, correspond to a numbered lot of record established to a recorded plat. Without limiting the foregoing, a “Sub-Lot” as identified on a plat map of the Property shall be considered a “Lot” for purposes herein.
Section 1.03 “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Property. Notwithstanding any applicable theory of any lien or mortgage law, “Owner” shall not mean or refer to any mortgagee or trust beneficiary unless and until such mortgagee of trust beneficiary has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure, or by means of an acquisition of a Lot.
Section 1.04 “Party Structure” shall have the meaning assigned to it in Article V.
Section 1.05 “Party Wall” shall have the meaning assigned to it in Article V.
Section 1.06 “Property” shall have the meaning assigned to it in Article II.
Section 1.07 “Townhome” and “Townhomes” shall have the meaning assigned to them in the Recitals.
Article II. PROPERTY SUBJECT TO THIS DECLARATION
Section 2.01 Property. That certain parcel of real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration (the “Property”) is as set forth more particularly on Exhibit A attached hereto.
Article III. RESTRICTIONS ON USE
Section 3.01 Permissible Uses. Each Townhome and Lot shall be used for residential purposes only; provided, however, that either Owner may use a Townhome for traditional home office purposes as long as the primary use of that Townhome is residential, no business customers of the Owner visit the Townhome, the Owner does not advertise the address of the Townhome as such Owner’s business address, and no business signage is posted on the Property or the Townhome.
Section 3.02 Division of Lots; Leasing; Single-family Use.
a) No Lot or Townhome shall be further subdivided into multiple dwellings.
b) Leasing of the Townhomes shall be permitted, including short-term leasing. All tenants shall be bound by this Declaration in the same manner as an Owner, and Owners are responsible for compliance by their tenants.
c) No more than three (3) unrelated persons may dwell in either Townhome. An “unrelated” person is someone who is not a child, stepchild, parent, stepparent, grandparent, grandchild, sibling or step-sibling of another occupant.
Section 3.03 Nuisance; Use Restrictions. No Owner or occupant shall engage in obnoxious, offensive or unlawful activity on any Lot or within any Townhome. No barking dogs are allowed on any Lot. Each Owner shall restrict noise to a minimum after 10:00 p.m. and before 8:00 a.m. unless with the express permission of the other Owner. No non-registered or junk vehicles may be maintained on any Lot. No vehicle, trailer or the like may be parked on a Lot except on paved areas. No playsets, toys, plastic pools, lawn chairs or other items of personal property may remain overnight in the front or side yard of either Lot, nor may either Lot be used for storage except during temporary construction or maintenance activities, provided that the Owner is diligently proceeding to complete the contemplated construction or maintenance. The foregoing restrictions shall not apply to any Lot owned by Declarant or any successor Declarant.
Section 3.04 Exterior Appearance and Maintenance of Lots and Townhomes. It is the responsibility of each Owner to properly maintain its Townhome and the structure and appearance thereof, and to prevent any unclean, unsightly or unkempt condition to exist on the Owner’s Lot or Townhome. All exterior items which are part of a Townhome, and all fences and other appurtenances to any Lot, shall be regularly maintained, and painted where applicable, and all items must be properly functional and serving their intended use. For example, but not by limitation, flaking paint, loose gutters and shutters, moldy or dirty siding, and broken or boardedup windows are prohibited and shall be promptly repaired in a good and workmanlike manner. All replacement items and materials shall be substantially the same or superior to those installed by Declarant. No personal property, garbage, trash, sticks, leaves, construction debris or other unsightly or offensive materials shall be placed or stored upon the Property, except as is temporary and incidental to the bona fide improvement of any portion of the Property. An Owner shall not hang towels, laundry, clothes or other like objects outside its Townhome or from balconies or railings. All trashcans, recycling containers and the like shall be stored out of sight and only brought out on the day of or the night before pickup, and must be replaced out of sight no later than the morning following pickup. No Owner will do or permit to be done any act or thing that would tend to depreciate the value of the Building or create any condition which increases the costs of property or casualty insurance. Yards shall be mown regularly, mulch or ground coverings shall be routinely refreshed and shrubs and trees shall be regularly trimmed and pruned, and weeds shall not be permitted to grow up in planting beds or other areas.
Section 3.05 Substantial Changes to the Exterior. For any “substantial change” to the exterior of a Lot or Townhome (for example, installing a new style of shutter or a wrought-iron fence), an Owner must seek prior written approval of the substantial change from the other Owner whomustrespondinwritingwithinthirty(30)daysafterreceiptoftherequest. AnOwner’sfailure to respond within thirty (30) days shall be deemed an acceptance of the proposed substantial
change; in the event the Owners are unable to agree to the substantial change, the aggrieved Owner may seek dispute resolution pursuant to this Declaration, under the Section entitled Arbitration.
A “substantial change” is any change that is reasonably anticipated to cost $3,000.00 or more or which will cause the exterior of the particular Townhome to deviate from the adjoining Townhome.
Without the agreement of both Owners, all exterior paint colors shall be substantially the same as those currently in place as of the date of this Declaration, and all currently-unpainted brick or solid surfaces shall remain unpainted.
Section 3.06 Household Pets. No livestock (e.g., goats) or poultry of any kind shall be kept or maintained on either Lot or Townhome except that dogs, cats, or other common household pets may be kept or maintained provided they are not kept or maintained for commercial purposes (e.g. breeding, boarding, etc.). No dangerous animals, including dogs which have a history of biting or of aggressive behavior, are allowed on either Lot or in either Townhome.
Article IV. EXTERIOR MAINTENANCE
Section 4.01 Owner’s Duty to Rebuild Townhome Units. If one or both Townhomes suffer casualty damage by fire or other means, each Owner shall be responsible to contract to rebuild or repair such damage in accordance with the Townhome's original plans and specifications. Such rebuilding shall commence immediately, but in any event no later than within six (6) months of the casualty event, and shall be completed within fifteen (15) months of the casualty event. The foregoing obligation to reconstruct one or both of the Townhomes shall be required unless (i) both Owners agree not to rebuild or (ii) the repair or replacement of the Townhome(s) will be illegal under state or local law or ordinance. Each Owner is an intended beneficiaryoftheother's dutiesunderthisArticleandmaymakeaninsuranceclaimandcommence reconstruction on behalf of the other Owner if the other Owner fails to do so within a reasonable amount of time of receipt of notice from the other Owner. The Owner who fails to promptly commence reconstruction shall be liable to the other Owner for all costs, including reasonable attorney’s fees, incurred by the other Owner in enforcing these provisions.
Section 4.02 Garage Maintenance. The Lot known as Sub-Lot 1 has, as an appurtenance thereto, a garage constructed at the rear of the Lot. The Owner of Sub-Lot 1 shall be responsible, at its sole expense, for the routine maintenance, repairs, reconstruction and other costs and expenses associated with the garage. No change to the exterior of the garage shall be made which causes the garage to deviate from the overall aesthetic of the Townhomes, it being the Declarant’s intent that the garage and the Townhomes have a comparable aesthetic style, color, and appearance.
Article V. PARTY WALLS AND SHARED ROOFS; OVERHANGS; PARKING EASEMENTS
Section 5.01 Party Wall. “Party Wall” shall mean and refer to the dividing wall between the Townhomes, which Party Wall runs from the outermost exterior of the Townhomes, and which
Party Wall includes the veneer or similar exterior surface which overlays the wall on the exterior of the Building. Any matters concerning the Party Wall which are not covered by the terms of this Declaration shall be governed by the general rules of law regarding party walls.
Section 5.02 Maintenance; Damage to Party Structures. An Owner shall be responsible for the repair and replacement of all exterior walls, foundations, structural portions and exterior surfaces of its Townhome, unless caused by the negligence or misconduct of the other Owner, its invitees or licensees, in which case the other Owner shall be responsible for such costs to restore the structural portions and exterior surfaces or other portions damaged by the damage or misconduct.
Each Owner shall maintain the roof over that Owner’s Townhome in good condition and in such manner so as not to damage any other portion of the Building. Should there be a roof located above a Party Wall, each Owner shall share equally in the costs to repair or maintain the roof over the Party Wall due to normal wear or physical damage. If one or both roofs must be replaced, replacement will be coordinated between the Owners so as to ensure that the replacement roof is aesthetically compatible above both Townhomes, and to minimize the likelihood that one or both Townhomes will be exposed to the elements as a result of the roof replacement.
In the event of damage or destruction to the Party Wall, to a party fence, to a shared monolithic slab or other shared foundation or to the shared roof and/or any overhang of the shared roof if the roofline is joined (any of the foregoing, a “Party Structure”) from any cause, the Owners must repair or rebuild the Party Structure. Each such Owner shall have the right to the full use of said Party Structure so repaired or rebuilt.
If any portion of any Party Structure as originally constructed, including the Party Wall, any common fence or shared roof protrudes over an adjoining Lot, such Party Structure shall be deemed to be a permitted encroachment, and neither Owner shall bring or maintain any action for the removal of the Party Structure, nor any action for damages. If there is a protrusion as described in the immediately preceding sentence, it shall be deemed that the affected Owner has granted perpetualeasementstotheadjoiningOwnerforcontinuingmaintenanceanduseoftheencroaching Party Structure. The foregoing provision also shall also apply to any replacements in conformance with the original Party Structures as constructed. The provisions of this Article shall be perpetual in duration and shall not be affected by an amendment of this Declaration unless agreed by all Owners
Shared Landing and Stair Maintenance. There exists a set of stairs and a landing at the top of the stairs, which stairs and landing are located partially within the Parking and Access Easement (as defined below). The stairs and landing shall be owned by the Owner of Sub-Lot 2, but shall be subject to the Parking and Access Easement. For maintenance purposes, the stairs and landing shall be considered a Party Structure, subject to the terms and conditions herein governing maintenance of Party Structures.
Section 5.03 Sharing of Repair and Maintenance. The costs of reasonable repair and maintenance of a Party Structure shall be shared equally by the Owners, to the extent such maintenance is not the responsibility of an individual Owner hereunder. Should a need for repair and maintenance be caused by the negligent or intentional acts of an Owner, its occupants, family members, guests, tenants, invitees, contractors, employees or agents, the costs of the same shall be payable by that Owner and enforceable as set forth herein.
Section 5.04 Lien Right. The parties shall meet in person to discuss and resolve any issues or disagreements regarding maintenance needed to any Party Structure, or any failure of an Owner to maintain its Lot or Townhome to the standards set forth herein. If the parties cannot agree regarding any maintenance matter, then an Owner may either follow the dispute resolution process set forth in Article VII hereof, or if an Owner reasonably believes that the item of maintenance must be addressed immediately, that Owner (the “Performing Owner”) may send written notice to the other Owner (the “Nonperforming Owner”) demanding that the Nonperforming Owner address the same, or if shared, contribute its share of the cost of such maintenance, within thirty (30) days, or any shorter period if imminent damage or exposure to the damage is reasonably likely. If the Nonperforming Owner does not commence the maintenance or agree to pay its share within such time period, the Performing Owner may perform such maintenance and shall sendwrittendemand for reimbursementto the Nonperforming Owner along with details of the work performed and the costs thereof. If the Nonperforming Owner neglects or refuses to pay its share within thirty (30) days after such demand, the Performing Owner will be entitled to a lien on the Lot and Townhome of the Nonperforming Owner, for the amount of such Nonperforming Owner’s share of the repair or replacement costs together with interest at the rate of 18% per year. The Nonperforming Owner shall be considered to have contracted with the Performing Owner for improvements to the Nonperforming Owner's real property, and the lien of the Performing Owner shall be filed and enforced in accordance with Article Two of N.C.G.S. Section 44A, or any successor statute granting lien and enforcement rights to contractors, subcontractors and suppliers. The Performing Owner will, in addition to the rights afforded under Chapter 44A and the rights to recover the amount spent toward construction costs, be entitled to recover its attorney's fees and costs. Any Owner’s failure to enforce its rights under Article Two of N.C.G.S. Section 44A shall not prevent that Owner from pursuing any available claims against the other Owner as set forth in Article VII hereof.
Section 5.05 Destruction by Fire or Other Casualty. If a Party Structure is destroyed or damaged by fire or other casualty, the Party Structure shall be rebuilt and restored. To the extent the costs to rebuild or restore the Party Structure is not covered by insurance proceeds, the costs to do so shall be divided equally between the parties.
Section 5.06 Weatherproofing. Notwithstanding any other provision of this article, an Owner who by its negligent or willful act causes a Party Structure within the Building to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
Section 5.07 Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this article shall be appurtenant to the land and shall pass
to such Owner’s successors in title.
Section 5.08 Easement and Right of Entry for Repair, Maintenance, and Reconstruction. Each Owner shall, after reasonable notice to the other Owner (except in an emergency, in which case no notice shall be required), have an easement and right of entry upon the Lot and in the Townhome of the other Owner to the extent reasonably necessary to perform repairs, maintenance, or reconstruction of a Party Structure. Such repairs, maintenance, or reconstruction shall be done expeditiously and in a professional manner, and any damage to the adjoining Townhome or Lot shall be promptly repaired, such that the damaged Townhome or Lot is returned to its condition as existed immediately prior to entry.
Section 5.09 Certification With Respect to Contribution. If any Owner desires to sell that Owner’s Lot, or refinance a loan, or for any other proper purpose, the Owner may request from the adjoining Owner(s) a certification that no right of contribution exists, whereupon it shall be the duty of each adjoining Owner to make such certification within fifteen (15) days of such request and without charge. If the adjoining Owner claims the right of contribution, the certification shall contain a recital of the amount claimed and the basis of the claim, which shall be binding on the adjoining Owner claiming the right.
Section 5.10 Annual Meeting. The Owners shall meet in person each year to discuss the maintenance of the Lots and Townhomes and to determine if any maintenance is required to keep any Party Structures in good repair. The meeting shall occur on site. Written notes of the subject and results of each meeting shall be maintained by one or both Owners.
Article VI. INSURANCE
Section 6.01 Each Owner to Maintain Insurance on its Townhome. Each Owner shall maintain property insurance covering its Townhome. The insurance shall name the other Owner as an additional insured. Each owner is entitled to a copy of the other Owner's insurance policy upon request and each Owner hereby authorizes his or her agents and insurers to share his or her personal insurance information applicable to his or her Townhome with the other Owner. The insurance shall cover not less than 100% of the replacement cost of that Owner’s Townhome, but such insurance need not include the cost of the land, driveway, foundation, excavation and other such commonly excluded items, or the costs of improvements or betterments to the interior of the Owner’s Townhome. The insurance shall afford coverage against all risks of direct physical loss, including fire and extended coverage perils. The insurance shall include the following provisions, unless an Owner’s insurer one or more of the following, and the adjoining Owner is notified in writing of the failure of the insurance carrier to provide one or more of the following provisions:
(a) That the other Owner is an additional insured;
(b) That the insurer waives its right of subrogation against the other Owner and members of his/her household;
(c) That no act or omission by the Owner will preclude recovery under the policy; and
(d) That the policy may not be canceled or significantly modified without at least thirty (30) days prior written notice to all insured parties, including the other Owner and any mortgagees.
Section 6.02 Liability Insurance. Each Owner shall maintain the following insurance:
(a) Liability insurance in reasonable amounts covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of such Owner’s Lot, including a waiver of subrogation provision as to any rights the insurer may have against the other Owner for any loss.
Article VII. DURATION; NOTICES; ENFORCEMENT
Section 7.01 Duration. To the greatest extent allowable by law, the covenants and restrictions of this Declaration shall run with the land in perpetuity, and shall be deemed to renew automatically and be placed in each Owner’s chain of title by book and page number prior to its potential extinguishment under the Real Property Marketable Title Act or like law, and shall inure to the benefit of and be enforceable by any Owner, its heirs, successors, and assigns.
Section 7.02 Amendment and Termination; Assignment. This Declaration may be amended or terminated by Declarant, without the joinder of any other party, for so long as Declarant owns either Lot, and further provided that such amendment does not materially increase the rights and obligations imposed upon the other Lot or eliminate any rights of access afforded to the other Lot. Thereafter, this Declaration may be amended only by a written and recorded instrument executed by both Owners. For so long as Declarant owns either Lot, Declarant may assign some or all of its rights hereunder, which assignment shall be evidenced by an instrument assigning such rights, which instrument shall be recorded in the Mecklenburg County Public Registry.
Section 7.03 Notices. Any notice required to be sent to any Owner, under the provisions of this Declaration, shall be deemed to have been properly sent when delivered by hand delivery; orwhenmailed,postageprepaid,registeredorcertifiedmail,returnreceiptrequested;or,deposited with an overnight courier (such as, but not limited to Federal Express) and addressed to the person at the last known address of the person whose address is listed on the Mecklenburg County tax records at the time of the mailing. Notice to any one of the Owners of a Townhome, if title is held by more than one, shall constitute notice to all Owners of that Townhome.
Section 7.04 Enforcement.
a) Enforcement. Any Owner may enforce these covenants and restrictions. Enforcement of these covenants and restrictions shall be by binding arbitration as set forth below, either to restrain violation or to recover damages, or both, and against the land to enforce any lien created by these covenants and restrictions.
b) Arbitration. In the event of any dispute arising between the Owners which cannot be resolved after an in-person meeting between the Owners, which each Owner hereby agrees to attend upon at least ten (10) days’ advance written notice from the other, the Owners herebywaivetheirrightstousethecourtstodetermineanysuchdisputeandherebyagreetosubmit any and all disputes which cannot be resolved informally to binding arbitration pursuant to the North Carolina Revised Uniform Arbitration Act (the “Act”); provided however, that any lien provided for in this Declaration may be filed and enforced as provided by law. In the event the parties are not able to agree upon an arbitrator, an arbitrator may be appointed in accordance with the provisions of the Act. The decision of the arbitrator shall be binding upon the Owners, who expressly agree to submit to and be bound by such arbitration procedure and decision. The arbitrator shall assess the costs of the arbitration against the losing party unless the arbitrator determines that the losing party's position was well-grounded in fact and law, in which case the arbitrator may assess the costs in the arbitrator's absolute discretion.
Article VIII. ADDITIONAL EASEMENTS
Section 8.01 Construction,SettlingandOverhangs;HVACEncroachment. EachLotand Townhome shall be and is subject to an easement for encroachments created by construction, settling and overhangs, as originally designed or constructed, so long as such encroachments exist. Every portion of a Lot and each Townhome contributing to the support of the other Townhome shall be burdened with an easement of support for the benefit of such abutting Townhome. If a Townhome is partially or totally destroyed, and then rebuilt, the Owner of the other Lot agrees that minor encroachments from the adjacent Lot or Townhome resulting from construction shall be permitted and that a valid easement for such encroachments shall exist. Substantial improvements, repairs or remodels must be done by professional contractors, who shall be properly licensed and shall in all circumstances provide an insurance certificate showing adequate liability coverage and naming both Owners as additional insureds.
One of the HVAC systems appurtenant to Sub-Lot 2 is located along the property line between Sub-Lot 1 and Sub-Lot 2. There shall be reserved a temporary easement to enable Declarant to relocate the HVAC system onto Sub-Lot 2.
Section 8.02 Parking and Access Easement to Benefit Sub-Lot 1. Declarant hereby reserves, for the use and benefit of Sub-Lot 1, a perpetual easement for vehicular parking in the parking pad, and for pedestrian access along the paved walkway, as shaded and denoted as “Ingress/Egress & Parking Pad Easement” on Exhibit B, attached hereto (the “Parking and Access Easement”). The Owner of Sub-Lot 1, and its occupants or guests, shall have the exclusive right to park vehicles within the parking pad. The Owner of Sub-Lot 1 shall be responsible for all costs and expenses of maintaining the parking pad and paved walkway, including the steps and pedestal, comprising the Parking and Access Easement. The Owner of Sub-Lot 2 shall not utilize or impede the parking pad without the express written consent of the Owner of Sub-Lot 1.
Article IX. MISCELLANEOUS
Section 9.01 Amendment. Except as is otherwise specifically authorized herein, this Declaration may be amended only by the unanimous written consent of both Owners, together with the consent of their respective mortgagees if such consent is required by the terms of a mortgage. Notwithstanding the foregoing, Declarant, its successors or assigns, may amend this Declaration at any time prior to its conveyance of both Lots.
Section 9.02 Waiver. Failure by any Owner to enforce any covenant or restriction herein contained shall not be deemed a waiver of the right to do so thereafter. No breach of any of the provisions of this Declaration shall allow the non-breaching Owner to terminate this Declaration or breach that or any other provision hereof.
Section 9.03 Emergency Access. In case of any emergency originating in or threatening any Townhome or Lot, regardless of whether the Owner is present at the time of such emergency, the other Owner, or any other person authorized by that Owner, shall have the right to enter the other Townhome or Lot for the purpose of remedying or abating the cause of such emergency and making any other necessary repairs. Such right of entry shall be immediate and shall not be deemed a trespass.
Section 9.04 Failure of Enforcement. In no event shall the failure by any Owner to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, provisions or agreements set forth in this Declaration be construed as a waiver or relinquishment of the future enforcement of any such term, covenant, condition, provision, or agreement. The acceptance of performance of anything required to be performed with knowledge of the breach of a term, covenant, condition, provision or agreement shall not be deemed a waiver of such breach.
Section 9.05 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if any provision of this Declaration or the application thereof to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.
[Signature page follows]
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be duly executed by authority duly granted as of the date first above written.
DECLARANT:
OPTIMUS PROPERTIES, L.L.C. a North Carolina limited liability company By:_________________________________ Name: ______________________________ Its: _________________________________
STATE OF COUNTY OF
I, ________________________________, a Notary Public in and for the County and State aforesaid, do hereby certify that on the ______ day of ____________, 20______, , personally known to me or proven by satisfactory evidence (said evidence being _____________________), personally appeared before me who, being by me first duly sworn, said that s/he is of OPTIMUS PROPERTIES, LLC, a North Carolina limited liability company, and that by its authority duly given, he/she voluntarily signed and swore to the foregoing instrument for the purposes therein on behalf of said company.
WITNESS my hand and official stamp or seal.
Notary Public Notary Typed Name: My Commission Expires: (Notary Seal)
EXHIBIT A
Property
BEING all of the property known as Sub-Lot 1 and Sub-Lot 2 on plat entitled “Sub-Lot Plat” recorded in Map Book 70, at Page 951, Mecklenburg County Public Registry.
Parcel Nos: 123-126-30 (Sub-Lot 1) and 123-126-03 (Sub-Lot 2).
EXHIBIT B
[Survey Follows]
Exhibit Disclosure Which Applies to the Following Page:
THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY ALOCALGOVERNMENTAGENCYFORCOMPLIANCEWITHANYAPPLICABLELAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS.
