WQ0023918_Regional Office Historical File Pre 2018

oF'N A1F9
QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-
Y
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 191 2004
Mr. David Cushing, Vice President of Land
Pulte Home Corporation
11121 Carmel Commons Blvd., # 450
Charlotte, North Carolina 28226
Subject: Permit No. WQ0023918
Pulte Home Corporation
The Enclave at Beverly Crest
Wastewater Collection System Extension
Mecklenburg County, North Carolina
Dear Mr. Cushing,
In accordance with your application received on April 191 2004, and additional information
received on May 17, 2004, we are forwarding herewith Permit No. WQ0023918; dated May 19, 2004, to
Pulte Home Corporation for the construction and operation of the subject wastewater collection system
extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject
to the conditions and limitations as specified therein. This cover letter shall be considered a part of this
permit and is therefore incorporated therein by reference.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any
individual system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 1)15A NCAC 2H .0200; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum
Design Criteria adopted February 12, 1996, as applicable; 3) and the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as
applicable, unless specifically mentioned herein. Division approval is based on acceptance of the
certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be
the Perrnittee's responsibility to ensure that the as -constructed project meets the appropriate design
criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General
Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater
collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing
board.
Mooresville Regional Office Internet http11h2o.enr.state.nc.us/
919 N. Main Street, Mooresville, NC 28115 Telephone [phone] Fax [phone]
N DEHR
DENR Customer Service Center Telephone [phone]

Mr. David Cushing
Page 2
May 19, 2004
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby
granted to Pulte Home Corporation for the construction and operation of approximately 1,452 linear feet
of 8-inch gravity sewer to serve 44 single family residences as part of The Enclave at Beverly Crest
project, and the discharge of 8,360 gallons per day of collected domestic wastewater into Charlotte
Mecklenburg Utilities' McAlpine Creek WWTP (NPDES No. NC0024970) existing sewerage system,
pursuant to the application received April 19, 2004, and in conformity with 15A NCAC 2H .0200; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000, as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall become voidable unless the agreement between Pulte Home Corporation and
Charlotte Mecklenburg Utilities for collection and final treatment of wastewater is in full force and effect.
The Operational Agreement between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by
North Carolina General Statutes 143-215.6A to 143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150E of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this matter, please contact Sonja Williams at (704)
663-1699.
Sincerely,
/2•R
for Alan W. Klimek, P.E.
cc: Mecklenburg County Health Department
Mecklenburg County Water Quality Program
Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0024970)
Danis Simmons, ESP Associates, PA
Water Quality Central Files
NDPU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000, as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (Le.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High- priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-215.1 C.
1

4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a
copy of the construction record drawings, as well as supporting design calculations for any pump
stations permitted as part of this project shall be received from -a North Carolina -licensed
Professional Engineer certifying that the facilities have been installed in accordance with this
permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this
project is to be completed in phases and partially certified, you shall retain the responsibility to
track further construction approved under the same permit, and shall provide a final certificate of
completion once the entire project has been completed. A copy of the construction record
drawings, indicating the facilities constructed in the phase being certified, shall be submitted with
each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record
Drawings," and one copy of the supporting design calculations to the Department of Environment
and Natural Resources, Division of Water Quality, 919 North Main Street, Mooresville, N.C. 28115.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through §143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as.the construction of additional or replacement
facilities.
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
2

11. Noncompliance Notification:
The Permittee shall verbally report to a Division of Water Quality employee at the Mooresville
Regional Office, telephone number [phone], as soon as possible, but in no case more than
24 hours or on the next working day, following the occurrence or first"knowledge of the occurrence
of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible, but shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported
to the Division of Emergency Management at telephone number [phone] or (919) 733-
3300. Persons reporting any of the above occurrences shall file a spill report by completing Part 1
of Form CS-SSO (or the most current Division •approved form), within five days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that
the problem does not recur. Part 11 of Fomi CS-SSO (or the most current Division approved form)
can also be completed to show that the SSO was beyond control.
Permit issued this the 19th day of May, 2004.
NORTH CAROL!NA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Klimek, P.E'4]irector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0023918
3

•Fast Track Engineering Certification
Permit No. WQ0023918
May 19, 2004
Complete and submit this form to the permit issuing regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• supporting design calculations (selected pumps, system curve, operating point, available storage if portable
generator(s) or storage greater than longest past three year outage reliability option selected) for any pump
stations permitted as part of this project
• Changes to the project should .be clearly identified on the record drawings or in written summary form. Permit
modifications are required for any changes resulting in non-compliance with this permit, regulations or
minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly recommended
that this certification be sent iri a manner that provides proof of receipt by the Division.
ENGINEER'S CERTIFICATION
❑ Partial ❑ Final
1, , as a duly registered Professional Engineer in the State of North Carolina, having
been authorized to observe (E periodically, ❑ weekly, ❑ full time) the construction of The Enclave at Beverly
Crest, Mecklenburg County project for the Permittee hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division)
Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials.
North Carolina Professional Engineer's
seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
WATER QUALITY
MOORESVILLE REGIONAL OFFICE
919 N. MAIN STREET
MOORESVILLE NC 28115
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate
enforcement actions.

•ATE OF NORTH CAROLINA
.COUNTY OF MECKLENBURG Permit No. W C� Ot72 ?, 9 ! S
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this _15TH day
of APRIL 2004 , by and between the North Carolina Environmental
Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION;
and 3L1E Not CpoJ714'4 , a corporationlgeneral partnership
registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in MECKLENBURG
County, upon which it is erecting and will erect dwelling units and other improvements, said development
to be known
as THE ENCLAVE at BEVERLY CREST (hereinafter the
Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said. lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, the THE ENCLAVE at BEVERLY CREST HOMEOWNERS ASSOCIATION
a non-profit corporation organized and existing under and by the virtue of the laws of the State of North
Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Quality has inspected and approved of the facilities. In order to change the name of
the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System Lentil a permit has been reissued to the
DEVELOPER's successor.
nn n �. 1ThT Z r nv Ir) n.. . 1 r

' The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as
necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer 'as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall
_ provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said system and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMIS TO
P I EZTOIGIE. CoRfbRf"ftd'(
Name'of DEVELOPER
Alan W. Klimek, P.E., rector (Sig atur
bi sb C O -7
Division of Water Quality
os/ I9/20o4
(Date)
Print Name and Title
Jk(ocL
(Date)

' `AST -TRACK APPLICATION for GRAVITY SEWERS, PUMP STATIONS, ANI) FORCE MAINS PAGE 3
z
USE THE TAB KEY TO MOVE FROM FIELD TO FIELDI
Owner'
Pufe Home Corporation
Full Legal Name (company, municipality, HOA, u
1 b , Btick 'H©
Signing Official Name and Title (Please review 15A NCAC 2H .02
lc. The legal entity who will own this system is:
EJ Individual ❑ Federal ❑ Municipality ❑ State/County ❑ Private Partnership
y, etc.
t�!) C' > t°f
Application Number:
(to be completed by DWQ) VV cO 2
1d. 11121 Carmel Commons BI'vd , #450
Street Address
NC
State
1 h. 704-54 -4922
Telephone Facsimile
2. Project (Facility) Information.'
2a. The Enclave at Beverly Crest _
Brief Project Name (permit will refer to this name
Contact Persona
704-543-6636
Charlotte
b) for authorized signing officials!)
Corporation © Other (spe
City
1 g, 28226
Zip Code
1j. buck .howarth�pulte.co
E-mail
2b. Mecklenburg
County Where Project is Located
3a. Danis Simmons, PE, Developer's Engineer
Name and Affiliation of Someone Who Can Answer Questions About this Application
704-583-4949
Phone Number
Project is ® New
2. Owner is ❑ Public
edification
skip to Item B(
2a. If private, applicant will be:
dsimmons
E-mail _.
soc, cot
of an existing permit) If Modification, Permit No.:
'7)
�8
Private (go to Item 2(a))
2b. If sold, facilities owned by a (must choose ore)
❑ Retaining Ownership (i.e, store, church, single office, etc.) or
❑ Leasing units (lots, townhomes, etc. - skip to Item B(3))
Selling units (lots, townhomes, etc, - go to Item B(2b))
❑ Public Utility (Instruction Illy
® Homeowner AssociDeveloper (Instruction IV)
Charlotte Mecklenburg Utilities Department (CM) LL.
Owner of Wastewater Treatment Facility (VVL'4rTF) Treating Wastewater From This Project
4a. McAlpine Creek
Name of WWTF
Char -heck Utilities
Owner of Downstream Sewer
5b. 8'"
4b. NC0024970
WWTF Permit No,
W00019621
Receiving Sewer Size Permit Number of Downstream Sewer (if known)
The origin of this wastewater is (check all that apply):
J Residential Subdivision
Apartments/Condominiums
❑ Mobile Home Park.
❑ School
❑ Restaurant
❑ Office
❑ Car Wash
❑ Institution
Hospital
Church
❑ Nursing Home
❑ Other (specify): .
7. Volume of wastewater to be permitted in this project: 8360 gallons per day
8, If the permitted flow is zero, indicate whyT
❑ lnterceptor Line - Flow will be permitted is subsequent permits that connect to this line
Flow has already been allocated in Permit No.
Rehabilitation or replacement of existing sewer with no new Clow expected
100 % Domestic/Commercial
% Industrial
%fl Other (specify):
A U?,''t)3

"'EAST -TRACK APPLICATION for GRAVIT"'k" SI! WERS, PUMP STA'ONS, AND FORCE MAINS
4
z
z
Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2H
.0219(1) for Item B(7) or the design flow for line or pump station sizing if zero flow in the space below. Values other than
that in 15A NCAC 2H .0219(1)(1-2) must be approved prior to submittal of this application. Submit a separate request to
the Division of Water Quality, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 in
accordance with 15A NCAC 2H .0219(I)(3).
44 total Units at project completion x 190 gal/unit/day (per CMUD regulations) = 8,360 GPD
10, Summary of Sewer Lines to be Permitted (attach additional sheets if necessary)
Size (inches)
8
Length (feet)
1,452
ENTER TOTAL LINE LENGTH IN MILES H-etr
222
Summary of Pump Stations to be Permitted (attach additional sheets as necessary)
Location ID Design Flow
(as shown on plans) (MGD)
Operational Point
GPM @ TDH
Gravity or Force Main
(pull down menu)
Gravity
Gravity
Gravity
Gravity
Gravity
Gravity
Gravity
Power Reliability Option
(dual line feed, permanent generator wlATS,
portable generator wltelemetry, wet well storage)
12. Does the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force
Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC 2H .0200 as applicable?
El Yes ❑ No If no, please reference the pertinent minimum design criteria or regulation and indicate why a I
variance is requested:
SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION;
13. Have the following permits/certifications been submitted for approval?
Wetland/Stream Crossings - General Permit or 401 Certification? ® Yes ❑ No ❑ N/A
Sedimentation and Erosion Control Plan? Yes ❑ No ❑ N/A.
Stormwater? ❑ Yes ❑ No ❑ N/A
FTA 021 -

r'AST- RACK APPLICATION for GRAVIT\'" SEWERS, PUMP STATIONS, AND FORCE MAJNS PAGE 5
z
z
Use the Division's guidance document entitled, "DETERMINING STREAM CLASSIFICATIONS FOR FORM FTA 02I013
(FAST -TRACK SEWER SYSTEMS)"' to collect and record the stream classification data below (attach additional sheets as
necessary). This document is available from our web site or by contacting the appropriate Division of Water Quality
regional office (see instructions for addresses) OR indicate the following:
❑ A Stream Classification is not needed because all parts of the pro}ect are at least 10O feet away from any down slope
waterbody; AND,
LJ A Stream Classification is not needed because the design does not depend on wet well storage as a power reliability
option for any pump station near a Class C down slope waterbody.
Location ID
on Map
Weddington,NC-SC
#35080-A7-TF-024
Name of
Waterbody
UT to McAlpine
f raw4
Submit the 8.5" x 11" topographic
( Applicant's Certification
t i'I k,
1, r k+kw th . attest that this appllcatr'©n for The Enclave at Beverly Crest
has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that if all required
parts of this application are not completed and that if all required supporting documentation and attachments are not
included, this application package is subject to being retumed as incomplete. Note: in accordance with North Carolina
General Statutes 143-215.6A and 143 215.6B. any person who knowingly makes any false statement, representation, or
certification in any application shall be guilty of a Class 2 misdemeanor which may ttnclude a fine not to exceed $10000
as well as cs`vil penalties up to $25,,000 per violation,
County
Mecklenburg
Waterbody Stream
Diver Basin Index
Catawba 11-137-9
Waterbody
Classification
C
mature
Professional Engineer's Certification
as required in Instruction VI regardless of whether a classification is provided!
l attest that this appllcatiion for The Enclave at Beverly Crest has been.
reviewed by me and is accurate, complete and consistent with the information in the engineerfng plans, calculations, and
all other supporting documentation to the best of my knowledge. 1 further attest that to the best of my knowledge the
proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria;
for Gravity Sewers adopted Febnrery 12, 1996, and the Mmirnuna Design Criteria for the Fast -Track Pemutting of Pump
Stations and Force Mains adopted June 1, 2340 and the watershed classification in accordance with Division guidance.
Although certain porlions of this submittal package may have been developed by other professionals, inclusion of these
materials under my signature and seal signif+es that l have reviewed this material and have judged it to be consistent with I
the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215,6B, any person who
knowingly makes any false statement,, representation, or certification in any appllcation shall be guilty of a Class 2 i
misdemeanor which may include a fine not to exceed $1+3, p©g as well as civil penalties up to $25,000 per violation. t
2ae Danis E Simmons
Professional Engineer Name
2b, ESP Associates, PA,
Engineering Firm
2c. 10915 Southern Loop Blvd,
Address
2d. Pineville
City
2g. 704-583-4949
Telephone
2'e. NC 2f 28134
Stale Zip
2h. 704-583-4950 2i. dsimmons cespassoc.com
E-mail
I°TA O2r'03

05/19/04
Permit Number WQ0023918
Program Category
Non -discharge
Permit Tracking Slip
Permit Type Fast Track
Gravity Sewer Extension, Pump Stations, & Pressure Sewer
Extensions
PrimaryReviewer
sonja.williams
Permitted Flow
8360
Facility
Status Project Type
In review New Project
Version Permit Classification
Individual
Permit Contact Affiliation
Facility Name -
The Enclave at Beverly Crest
Location Address
Owner
Major/Minor
Minor
Region
Mooresville
County
Mecklenburg
Facility Contact Affiliation
Owner Name
Pulte Home Corporation
Dates/Events
Owner Type
Non -Government
Owner Affiliation
David Cushing
11121 Carmel Commons Blvd
Charlotte NC 28226
Orig Issue
App Received
04/19/04
Regulated Activities
Draft Initiated
Scheduled
Issuance
Public Notice Issue Effective
Subdivision
Wastewater collection
Outfall NULL
5/ I /64
Requested/Received Events
Additional information requested
Additional information received
Expiration
04/20/04
05/17/04
Waterbody Name Stream Index Number
Current Class Subbasin

I
€HAJLOTT'i
CHARLOTTE-MECKLENSURG
UTILITIES
April 12, 2004
Mr. Gary Kraynock
ESP Associates, P.A.
P.O. Box 7030
Charlotte, NC 28241
SUBJECT: WATER AND SANI T ARY SEWER FLOW ACCEPTANCE
BEVERLY CREST TOWNHOMES
TAX PARCEL# 213-473.99
C-MU# 600-04.531
Dear Mr. Kraynock:
RECEIVED
APB 1 3 2O04
ES P ASSOCIATES, RA.
In response to your request, a flow acceptance study of the subject site has been completed and it has
been determined that the discharge from this project does transmit through areas of SSO concern by the
NCDENR, Division of Water Quality. Piease see attached map.
Upon completion and acceptance of all necessary sewer fines, Charlotte -Mecklenburg Utilities (C-MU)
agrees to accept the sewage flow of 9,5OO gallons per day (50 units x 190 gpd/lot) from this project for
transmission to the McAlpine Creek Wastewater Treatment Plant; NPDES permit number NC0024970, for
treatment. This acceptance of flow is based on the existing capacity of the designated publicly owned
treatments works; which is contingent upon final acceptance and issuance of a discharge permit from the
appropriate local, State, or Federal Agency, whichever might have control.
Upon completion and acceptance of all necessary water mains, C-MU agrees to furnish water to the
subject project. The water quality to the subject project is regulated by the State Drinking Water Act
Amendments of 1986 and The Water Supply Management Plan, dated January 2000, (WSMP # 00-
00251 & PWS ID # 0160010), on file with the Public Water Supply Section of NCDENR. However, C-MU
cannot guarantee a constant pressure or quality of flow. This agreement is also contingent upon approval
by the Division of Environment, Health, and Natural Resources.
C-MU does not expect any of the above conditions preclude water or sewer service to the subject site.
However, the applicant should understand that due to the involvement of other agencies and continuing
growth of the water and sewer system, the ability to provide service for future projects cannot be
guaranteed nor reserved. Connection to the C-MU system is accepted on a first come, first served basis.
If you have any questions, please contact me at [phone].
Sincerely,
CHARLO T i E-MECKLENBURG UTIE_JTIES
Barbara Gross
Engineering Assistant
CHARLOTTE-MECKLENBURG UTILITIES
Engineering Division • New Services Section
www.cmutllities.com
5100 Brookshire Boulevard
Charlotte, NC 28216
Ph: 704/399-2221
Fax: [phone]

LEGEND: '
® Old Veneiilion Area
r.� Mountain Island Basin
(-f{� Long Creek Basin
F-1 Old Dowd Road Area/Paw Creek Basin
Plot Road Area
Vernon Driva!Andever Raul Area
LansburyCourt Area
�•^- Streams
Roads
Type:
Freeway
Majorihraughfare
— Skeet
Site
CMU#
600-04-531

TopoZone - The Web's Topographic Map
Page 1 of 1
0
0.3
0.6 0.s
1.2
1.5 km
0
0.2
0.4 0.6
0.8
1 mi
Map center is UTM 17 520268E 3884688N (WGS84/NAD83)
Weddington quadrangle
Projection is UTM Zone 17 NAD83 Datum
G
063
G=0.128
http://www.topozone.com/print.asp?z=17&n=3884687.70856091 &e=520268.476252857&s=50&size=l&... 3/18/04

ystem Search
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aster.
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1 / 1 /2003
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hap:/Iecretary.state.nc.us/cot-laorations/soskh/ earehResults.asp 4/ 1.6/04

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EPARTMENTOt t
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PG Box 29012 R k gh, NC 2r762 -0a22 t9a9}807-2Q0O
Date: 4/16/2004
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C T Corporation System
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h' orn.asn?47Ot 4
4/ 16/'04

Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Buck Howarth, Land Manager
Pulte Homes Corporation
11121 Carmel Commons Blvd., #450
Charlotte, North Carolina 28226
Dear Mr. Howarth:
March 30, 2004
Subject: Return of Permit Application Package
Beverly crest -Parcel D
Wastewater Collection System Extension
Mecklenburg County, North Carolina
The Division of Water Quality's Mooresville Regional Office is unable to accept the enclosed
application package (including fee) for review for the following reasons:
_ ✓ A current flow acceptance letter was not provided by the owner of the downstream sewers and/or
the owner of the receiving wastewater treatment facility as is required by Instruction V of the
application. Flow acceptance letters must contain the following minimum information: applicant and
project name, amount of flow accepted and name and permit number of the receiving wastewater
treatment facility. The flow acceptance must not expire prior to permit issuance and must be dated
less than a year prior to the application date.
✓ Please provide the name of the corporation (Permittee) exactly as it is listed on the Articles of
Incorporation with the NC Department of the Secretary of state. Upon searching the Corporations
database through the secretary of state's web site(http://www.secretarv.state.nc.us/Corporations/),
I was unable to locate a registered corporation by the name of Pulte Homes Corporation. Please
revise the application and Operational Agreement accordingly.
Please note that the items listed above must be included and completed prior to resubmitting the
permit application package (with fee) for approval. Your application is being returned as incomplete in
accordance with 15A NCAC 2H .0208. The success of the fast -track approval process depends upon
the receipt of complete and accurate applications. Please make the appropriate corrections and
resubmit the application. The review process will then begin upon receipt of the completed and
corrected application.
Please be advised that construction and/or operation of wastewater collection system extension
without a valid permit is a violation of North Carolina General Statute 143-215.1 and may subject the
Applicant to appropriate enforcement actions in accordance with North Carolina General Statute 143-
215.6. Civil penalties of up to $25,000 per day per violation may be assessed for failure to secure a
permit required by North Carolina General Statute 143-215.1.
NCDENR
Mooresville Regional Office
919 N. Main Street, Mooresville, NC 28115
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http://h2o.enr.state.nc.us/
Telephone [phone] Fax [phone]
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r. Buck Howarth
Page 2
March 30, 2603
if you should have any questions regarding the acceptance of your application, please do not
hesitate to contact me at [phone]. Thank you for your cooperation.
Sincerely,
Sonja Williams
Consultant
Enclosures (application + check no. 116588)
cc: Danis Simmons, ESP Associates, PA (no enclosures) 10915 Souttiem Loop Blvd., Pinevi�, NC 28134
FT Application return file

Mr, Barry Shearin, Chief Engineer
Charlotte Mecklenburg Utilities Department
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Caro in Department of Environment and Natural Resources
Alan W, Klimek, RE,, Director
Division of Water Quay
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 20, 2004
Subject: Additional Information Request
Enclave at Beverly Crest Project
CMU # 600-04-531
Wastewater Collection System Extension
Mecklenburg County, North Carolina
Dear Mr. Shearin:
The Division of Water Quality's Mooresville Regional Office has conducted a preliminary
review of the subject permit application package. Additional information is required before we
may continue our review. Please address the following item no later than May 20, 2004.
Based on the information provided in CMUD's flow acceptance letter for the subject project,
it has been determined that the discharge from this project does transmit through the Lansbury
Court area of Sanitary Sewer Overflows (SSOs) concern by the Division of Water Quality.
It is our understanding that the main trunk line in this area has been cleaned by CMUD
staff. Please provide this Office with results of cleaning the main trunk line and how it relates to
SSOs.
By copy of this letter to the applicant, the applicant is advised that the subject project is on
hold until adequate information is received to continue the processing of the application. Please
note that failure to provide this additional information on or before the above requested date
may result in the subject application being returned as incomplete.
If you have any questions regarding this request, please contact. Sonja iEliams or me at
[phone]. Thank you for your cooperation,
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: David Cushing, Pulte Home Corp., 11121 Carmel Commons Blvd., 450, Charlotte, NC 28226
Danis Simmons, ESP Associates, PA, 10915 Southern Loop Blvd., Pineville, NC 28134
Fast Track application file
Mooresville Regional Office
919 N, Main Street, Mooresville, NC 28115
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http:llh2o.enr.state.nc.us/
Telephone [phone] Fax [phone]
Telephone [phone]
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'MAY. 17. 2OQ4 10:24AM
NO. 6339�P. 2
•
CHAfLjrIL
May 14, 2004
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
NC Division of Water Quality
919 N. Main Street
Mooresville, NC 28115
Subject; Additional Information Request
EncIave at Beverly Crest project
CMU Tracking # 600-04-531
Dear Mr. Gleason:
In response to the Division of Water Quality's request, please find following information acceptable.
The McAlpine Creek Interceptor experienced several significant overflows in the spring and early
summer of 2003. After these overflows occurred CMU staff initiated several actions to prevent further
overflows. The upper portions of the McAlpine interveeptnr were already being cleaned and the
contractor was directed to proceed with cleaning the entire interceptor down to the siphon box near the
treatment plant. This effort resulted in the removal of a large quantity of debris from the line and field
staff measured a 12-14" drop in water Ievels in the flow at the box, which immediately thereafter
allowed the wastewater to flow properly. The Wastewater collection staff also raised several manholes
that seemed susceptible to overflows and sealed others to prevent additional stream water from entering
during flooding.
Since the completion of this work we have not experienced an overflow from this location even though
we have experienced some significant rainfall events. Currently, CMU has a manhole repair contract to
repair the manholes along this interceptor that have cracks and have caused I&I problerns in the past,
which should significantly reduce the in#low sources even further. Additionally, we are continuing to
inspect the McAlpine system and conducting preventive maintenance on siphons upstream of the
McAlpine Cree1t W w l'.
Based en the preceding information, we believe that our wastewater system will serve this project
without resulting in additional sewer overflows.
If you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
harry D. Shearin
ChiefEngineer
CKARLO tTE-MECKl.EN8URG UTIIJTIE$
En9Ineerjn9 DIvisian
5100 erookshiro Boulevard
(mwlotts, NC 29216
PH: 704/399.2551

Michael F. Easley, Governor
William G. Rr r, Se , tary
North Carolina Department of Eny'.
V'
AND AIRM.1111110111111Cat
July 26, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Larry Cook -The Enclave at Beverly Crest
Denise Laurendeau-Belle Vista Condominium Association
PO Box 11906
Charlotte, NC 28220
Subject: Permits Numbers : WQ0022689 Belle Vista Condominium WQ0023918 The Enclave
@ Beverly Court
Collection System Extensions
Mecklenburg County
Dear Ms. Laurendeau, Mr, Cook:
The Division of Water Quality has reviewed the application for Permit Name and Ownership name
for Sewer Systems. (Form PNOCF-S 09/04) The review revealed that the Homeowners Association
Bylaws and. Declaration were not included with the application. Please review the required items on the
application (Item No.4 ).
Please submit a copy of the Homeowners Association Bylaws and Declarations for the Belle Vista
Condominium and The Enclave at Beverly Crest Projects by August 26,2007 to properly transfer
ownership from Pulte Homes to Belle Vista & The Enclave at Beverly Crest Homeowners Associations.
if you have any questions feel free to a mail me at t©m.aseenzoancmail.net or phone [phone] ext
526.
ncerely',
Thomas Ascenzo-Environmental Specialist
PERCS Unit
CC : Mecklenburg County Health Dept.
: Mooresville Regional Office
Central files WQ0022689[WQ0023918
David Cushing, Pulte Homes, 1 1121 Ca
Charlotte, NC 28226
PERCS file
e
Commons Blvd Suite 450
Caro ina
,Naturally
NC DWQ/PERCS 1617 Mail Service Center
Internet h2o.enrstate.nc.us/Pretreatlindex,html 512 N. Salisbury St,
Raleigh, NC
Raleigh,, NC 27604
An Equal Opport'uniity/A3rrmative Action Employer — 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service
FAX [phone]-623-674'8

PERMIT NAME OR OWNERSHIP CHANGE FORM
FOR SEWER SYSTEMS
FORM PNOCF-S 09/04
This form may be photocopied for use as an original but not altered in anyway.
This form is to be used for tranferring a permit for a sewer system to a new owner or changing a company name. Sewer
permits stdrt wilh a WQ and contain the terms sewer extension or collection system in the permit subject field. This form
should not be used for permits beginning with NC, NCG, SW or other types of non -sewer permits beginning wifh WQ.
1. REQUIRED ITEMS = PLEASE READ CAREFULLY. INCOMPLETENESS OR OMISSIONS MAY LEAD TO'DELAYS IN
PROCESSING YOUR REQUEST. -'°''�'
1. Submit one original of this completed and appropriately executed Form.
• - : a. For a. change of ownership, the certification must be signed by both the current permit
holder and the new applicant.
b. For a name change only, the certification must be signed by the applicant.
2. Provide legal documentation of the transfer of ownership or company name change (such as a
contract, deed, article of incorporation, approved Board minutes, etc.) for ownership changes.
3_ For transfer from a developer to another developer who is selling lots:
a. Submit a properly executed Operational Agreement (Form DEV 02/03).
b. If the developer has already formed a legal Homeowner's Association (HOA) in
accordance wifh an executed Operational Agreemenf, submit a copy of the articles of
incorporation. Declaration and Bylaws that contain the language required by the
Operational Agreement.
4. For transfer from a developer to a legally formed and registered homeowner or property owner
association (HOA/POA):
a. Submit a properly executed Operational Agreement (Form HOA'02/0
b. Submit a copy of the Association Bylaws and Declarations that!cdpftagJa� t1 i
required by the Operational Agreement. �
it Jj � 7f (�'�
L ; IJUN ? 4 2007 !
lI. PURPOSE OF THIS TRANSFER
❑ Name Change Ownership Change
Ill. CURRENT PERMIT INFORMATION
Permit number: WQ00 .1 39 f $
Company name: I' I4-e Ho,l►t.rS
Permit signing official name and title (current name on�py ermii:
aV f, L — V P df�Vi
Mailing address: t t 2l Cat Mx f e,cK rYIbYL S d1V cQ S u, t-e
t15; b
City: C14.o( L a-t-k
State: )'} L,
Zip:
Tel: 7dV3 • Sf 2Z
Fax: 7OSF • (fi q • 7bg9
E-mail:
• NorthCarohna
Vaturaiij
Pretreatment, Emergency Response and Collection Systems Unit
1617 Mail Service Center, i?afeigh, NC 27699-1617
Courier/Overnight 512 N. Salisbury Street. Suite 1304, Raleigh, NC 27604
Telephone [phone] Fax [phone]
Internet httpJlh2o.enr.ncstate.usfidpu
An Equal Opportunity Aclion Employer 50% recyded/10% post -consumer paper

/. NEW OWNER/NAME INFORMATION
Company name: 7�E �/&C,G4£
Authorized signing official name and title (see 11,5A NCAC 2H .0206)
Larry Cook, re`-s, at .•
C
Mailing address:
City: C..lar10 o1
Tel: 70 V- ?77- U /t
V. CERTIFICATIONS
•
State: AJC
Fax:
E-mail: .
FORM PNOCF-S
PAGE 2/2
1. Current Permiffee's Certification:
I, elan Ks Ite / , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete. I
understand I will continue to be responsible for compliance with the current permit until a new permit
is issued.
l+-c No MeS
Signature:
-z�
Date:alyi67
2. Applicant's Certification:
1, Mfr./ , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE ATTENTION OF MARIE
DOKLOVIC AT THE LETTERHEAD ADDRESS
***END OF FORM PNOCF-S 09/04***

oF�F9;;
u
JUN 4 ZOOT
`PERMIT NAME OR OWNERSHIP CHANGE FORM
FOR SEWER SYSTEMS
FORM PNOCF-S 09/04
iE �� fys�sC?i This form may be photocopied for use as an original but not altered in any wry:
This form is to be used for tranfemng a permit for a sewer system to a new owner" or changing a company norne: Sewer
perrnifs start wifh a WQ and contain the terms sewer extension or collection sysfem in the permif_subject field. This form
shoufd .not be used for permits beginning with NC, NCG, SW or other types of non sewer permits beginning with WQ.
1. REQUIRED ITEMS — PLEASE READ CAREFULLY. INCOMPLETENESS OR OMISSIONS MAY LEAD TO DELAYS IN
PROCESSING YOUR REQUEST.
] . Submit one origina! of this complefed and appropriately executed Form.
a. For a change of"ownership, the certification must be signed by both the current permit
holder and the new applicant.
b. For a name change only, the certification must be signed by the applicant.
2. Provide legal documentation of the transfer of ownership or company name change {such as a
contract, deed, article of incorporation, approved Board minutes, etc.) for ownership changes.
3. For transfer from a developer to another developer who is selling lots:
a. Submit a properly executed Operational Agreement (Form DEV 02/03).
b. If the developer has already formed a legal Homeowner's Association (HOA) in
accordance with an executed Operationa! Agreement, submit a copy of the articles of
incorporation, Declaration and Bylaws that contain the language required by the
Operational Agreement.
4. For transfer from a developer to a legally formed and registered homeowner or property owner
association (HOA/POA):
a. Submit a properly executed Operational Agreement (Form HOA 02/03).
b. Submit a copy of the Association Bylaws and Declarafions that contain the language
required by the Operational Agreement.
11. PURPOSE OF THIS TRANSFER
❑ Name Change Ownership Change ❑.Other (explain on separate sheet)
111. CURRENT PERMIT INFORMATION
Permit number. WQ0Oa2G gg
Company name: Pu +c HO&LeS
Permit signing official name and title (current name on permit):
Ds [vs h'�n� .- W of
Mailing address: tt19 t Cal Mtl CoMm,ed 31 Ja SVi*t 451
City: Goof 1b1+c N L
State: NL
Zip:
Tel: 7 o4 $' 3 '?f R
Fax: 7DV ' 'q 7079'
E-mail:
l7
One
NorthCarohna
7V'aturallij
Pretreatment, Emergency Response and Collection Systems Unit
1617 Mail Service Center, Rateigh, NC 27699-1617
Courier/Ovemight: 512 N. Salisbury Street, Suite 1304, Raleigh, NC 27644
Telephone [phone] Fax [phone]
Internet http:!/h20.enr.ne.state.uslndpu

FORM PNOCF-S
NEW OWNER/NAME INFORMATION
PAGE2J2
Company name: •-13EL (1 V;Si A �I� 1A,p/WIIUCU/Y
Auiho ed signing officia -name and title (see 15A NCAC 2H .0206): .
� ems..
V. CERTIFICATIONS
1. Current Permittee's Certification:
atsja n Fisher attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete. I
understand i will continue to be responsible for compliance with the current permit until a new permit
is issued.
Fb r Py l+r 146rit S :
Signature:
Date:
2. Aloplicant's Certification:
attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, fhis application package will be returned as incomplete.
Signature:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE ATTENTION OF MARIE
DOKLOVIC AT THE LETTERHEAD ADDRESS
***END OF FORM PNOCF-S 09/04***

DRAFT
9 29locf
BYLAWS
4F
THE ENCLAVE AT BEVERLY CREST TOWCHO:1E AS+GCIATION, INC.
ARTICLE I
OFFICE
The Association shall at all times maintain a registered office in the State ofNorth
Carolina and a registered agent at that address. The Association may also have such other
offices as the Executive Board shall determine.
ARTICLE II
DEFIN1TI IDS
Unless the context requires otherwise, the terms defined in the Declaration of
Covenants and Restrictions for the Enclave at Beverly Crest, dated , recorded in
Mecklenburg County, North Carolina in Deed Book , Page . the
"Declaration", the Declaration being incorporated herein in its entirety) shall have the same
meanings for purposes of these Bylaws as are ascribed to them in the Declaration.
ARTICLE 111
MEMBERS
Section 3.1. Membership, The Association shall have two classes of membership,
Class A and Class B, which classes ofinembership shall have the rights conferred upon them by
the Declaration and the Articles of Incorporation of the Association, and these Bylaws.
Section 3.2. Mnua. Meeting. A meeting of the members ofthe Association shall be
held armually at such time and place on such date as the Directors shall determine from time to
time.
Section 3.3. special Meeting. Special meetings of the members may be called at any
time by the President of the Association. Additionally, it shall be the duty of the President to call
a special meeting of the rneanbers upon being presented with a written request to do so signed (i)
by a majority of the members (directors) of the Executive Board, or (ii) by the rnelnbers of the
Association entitled to cast no less than ten percent (1 tI%) of the total vote of the Association.
Section 3.4. Notice ofMeetings. It shall be the duty of the Secretaryto give a notice to
each member of each meeting ofthe members within the time limits required by Sections 47F-3-
c:\Docwnemts end settksgaldfewkr\L cal
138872.00059
,rd
et Fi1ee1C)1X410MSX01 LDOC

108 and 55A-7-05 of the General Statutes of North Carolina. Each notice of a meeting shall state
the purpose thereof as well as the time and place where it is to be held.
Section 3.5. Ouorurn. A quorum shall be deemed present throughout any meeting of
the members until adjourned if members, in person or by proxy, entitled to cast more than ten
percent (10%) of the votes of the Association are present at the beginning of such meeting.
Section 3.6. Voting. On all matters upon which the members are entitled to vote, each
member shall be entitled to cast one (1) vote for each Lot and in which he shall own of record a
fee interest or an undivided fee interest. In no event, however, shall more than one vote be cast
with respect to any Lot.
During any period in which a member shall be in default in the payment of any
amount due and owing to the Association, the vote which is allocated to any Lot in which such
member owns a fee interest shall not be counted for any purpose.
Section 3.7. Adjournments. Any meeting of the members, whether or not a quorum is
present, may be adjourned by the holders of a'majority of the votes represented at the meeting to
reconvene at a specific time and place. It shall not be necessary to give any notice of the
reconvened meeting, if the time and place of the reconvened meeting are announced at the
meeting which was adjourned. At any such reconvened meeting at which a quorum is
represented or present, any business may be transacted which could have been transacted at the
meeting which was adjourned.
ARTICLE IV
EXECUTIVE BOARD
Section 4.1. Number. The number of members of the Executive Board shall be three (3).
From and after the election of the Executive Board to be elected by the Class A members, the
Executive Board shall consist of five (5) members.
Section 4.2 Appointment and Election. Until the termination of the Class B
membership, as provided in the Declaration and the Articles of Incorporation of the Association,
the members of the Executive Board shall be elected annually by the Class B member.
From and after the termination of the Class B membership, as provided in the Declaration
and the Articles of Incorporation of the Association, the members of the Executive Board (except
for the members of the first Executive Board to be elected after the termination of the Class B
membership) shall be elected at an annual meeting of the members of the Association. At the
first annual meeting after termination of the Class B membership, the members of the
Association shall elect five members to the Executive Board. At such first annual meeting after
termination of the Class B membership, the two elected members receiving the fewest votes shall
serve a term of one year. In the event that two or more elected members with the fewest votes
have the same number of votes, the two members of the Board receiving the greatest number of
votes shall detemune which member(s) shall serve the term of one year. The remaining three
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members of the Executive Board elected at this first annual meeting shall serve a term of two
years. Thereafter, at each successive annual meeting, each elected member shall serve a term of
two years, thereby causing the members of the Executive Board to be elected on a staggered
basis.
Each member entitled to vote shall be entitled to cast one (1) vote for each Lot owned by
such member for each directorship to be filled on the Executive Board. Cumulative voting shall
not be permitted. The candidates receiving the most votes shall be elected.
Section 4.3. Vacancies. Any vacancy occurring in the Executive Board may be filled
by the affirmative vote of a majority of the remaining directors, though less than a quorum of the
Executive Board.
Section 4.4 Ouorum. A quorum shall be deemed present throughout any meeting of
the Executive Board until adjourned if directors in person or by proxy, entitled to cast more than.
fifty percent (50%) of the votes of the Executive Board are present at the beginning of such
meeting.
Section 4.5. uties and Powers. Except as specifically provided otherwise in the
North Carolina Nonprofit Corporation Act, the North Carolina Planned Community Act, the
Declaration, the Articles of Incorporation of the Association or these Bylaws, the powers
inherent in or expressly granted to the Association maybe exercised by the Executive Board,
acting through the officers of the Association, without any further consent or action on the part
of the members. The Executive Board shall also have the responsibility of discharging all of the
duties imposed upon the Executive Board under the terms and provisions of the aforesaid
instruments. The Executive Board may delegate any powers to any other person or managing
agent as provided for in Section 47F 3-106(4) of the General Statutes of North Carolina.
Without limiting the generality of the provisions of this Section 4.5, the Executive Board
shall have the following specific powers:
(a) To suspend the membership rights of any member of the Association, including
the right to vote and use the Common Blements and the facilities located thereon, during the
period of time such member shall be delinquent in the payment of any assessment, assessment
installment, or any other amount or amounts as shall be due and payable to the Association, or
shall fail to comply with or abide by any rule or regulation adopted by the Executive Board in
regard to the Common Elements after a hearing as provided in Section 471-3-107.1 of the
General Statutes ofNorth Carolina; and
(b) To enter into management agreements for the Association as provided in the
General Statutes of North Carolina.
Section 4.6. Regular Meetings. Until such time as the Class B membership shall
terminate, the Executive Board shall not be required to hold regular meetings and the Executive
Board shall meet as often as the President of the Association shall determine. Thereafter, the
Executive Board shall meet no less frequently than once every six months.
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Section 4.7. Special Meetings: Special Meetings of the Executive Board maybe called
at any time by the President, or by any three directors, on two (2) days notice to each director,
which notice shall specify the time and place of the meeting. Notice of any such meeting may be
waived by an instrument in writing executed before or after the meeting. Attendance in person at
any meeting shall constitute a waiver of notice thereof.
Section 4.8. Compensation. No fee or compensation shall be paid by the Association
to directors for their services in said capacity unless such fee or compensation is approved by a
majority of the votes of the members cast at a duly convened meeting thereof, and in no event
shall any director receive any compensation from the Association for serving as a director prior
to the termination of the Class B membership. The directors of the Executive Board shall be
entitled in all events, however, to reimbursement for reasonable expenses incurred by them in the
performance of their duties.
ARTICLE V
OFFICERS
Section 5.1. General Provisions. The officers of the Association shall consist of a
President, a Vice President, a Secretary and a Treasurer. In addition, the Association shall have
such other officers as the Executive Board shall deem to be desirable in connection with the
administration of the affairs of the Association. Any two or more offices may be held by the
same persons, except the offices of President and Secretary.
Section 5.2. Appointment. All of the officers of the Association shall be appointed by,
and shall serve at the pleasure of, a majority of the members of the Executive Board.
Section 5.3. President. The President shall be the chief executive officer of the
Association, and shall preside at all meetings of the members and of the Executive Board. The
President shall manage, supervise and control all of the business and affairs of the Association,
and shall have all of the powers and duties which are incident to the office of the president of a
corporation organized under the North Carolina Nonprofit Corporation Act. Upon approval of
any amendments to the Declaration as provided in the Declaration, the President shall prepare,
execute, certify and record such amendments to the Declaration.
Section 5.4. Vice -President. The Vice President shall perform the duties of the
President whenever the President shall be absent or unable to perform such duties. If neither the
President'nor the Vice -President shall be able to perform such duties, the Executive Board shall
appoint one of their members to act in the place of the President on an interim basis. The Vice -
President shall also perform such other duties as the President may delegate to him from time to
.time.
Section 5.5. Secretary. The Secretary (a) shall attend all meetings of the members and
of the Executive Board and shall keep the minutes thereof, (b) shall be responsible for the
preparation and giving of all notices which are required to be given by the Declaration and these
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Bylaws, (c) shall be the custodian of the books and records of the Association, (d) shall keep a
register of the addresses of each member of the Association, and (e) shall perform such other
duties as are incident to the office of the secretary of a corporation organized under the North
Carolina Nonprofit Corporation Act.
Section 5.6. Treasurer. The Treasurer shall be charged with the management of the
fmancial affairs of the Association, and shall keep full and accurate financial records and books
of accotmt showing all receipts and disbursements and of the Association, and shall prepare all
required financial data The Treasurer shall also perform all of the duties which are incident to
the office of the treasurer of a corporation organized under the North Carolina Nonprofit
Corporation Act,
Section 5.7. Compensation of Officers. The officers of the Association shall be
entitled to the payment of such compensation as shall be approved by two-thirds (2/3) of the total
members of the Executive Board; provided, however, that prior to the termination of the Class B
membership, in no event shall any officer receive any compensation from the Association for
serving in such capacity.
ARTICLE V1I
MISCELLANEOUS
Section 6.1. Fiscal Year. The fiscal year of the Association shall be the calendar year.
Section 6.2 Certain Notices. Any member who :shall sell or Iease any Lot in which he
has a fee or undivided fee interest shall promptly give the Secretary a written notice of such sale
or lease, which notice shall also set forth the name and address of such purchaser or lessee. The
address so furnished for such purchaser or lessee shall be the address to which the Secretary shall
send any notices to be sent to such purchaser or lessee, until such purchaser or Iessee shall
furnish the Secretary with another address for such purpose. In addition, the Secretary shall send
any notices to the owner of such Lot to the address provided by such owner to the Secretary.
ARTICLE VII
AMENDMENTS
These Bylaws may be amended only in accordance with the following procedure: the
Executive Board shall first adopt a resolution proposing the amendment and recommending its
adoption by the members. Such proposed amendment shall then be presented to the members at
a meeting thereof duly called and held for the purpose of considering such proposed amendment.
If such proposed amendment is approved by at least two-thirds (2/3) of the votes cast at such
meeting, such amendment shall become effective.
/
ARTICLE VIII
INDEMNIFICATION
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Each person who is or was a director or officer of the Association shall be indemnified by
the Association against those expenses (including attorneys' fees) judgments, fines and amounts
paid in settlement which are allowed to be paid or reimbursed by the Association under the laws
of the State of North Carolina and which are actually and reasonably incurred in connection with
any action, suit, or proceeding, pending or threatened, whether civil, criminal, administrative or
investigative, in which such person may be involved by reason of his being or having been a
director of officer of the Association. Such indemnification shall be made only in accordance
with the laws of the State of North Carolina and subject to the conditions prescribed therein.
In any instance where the laws of the State of North Carolina permit indemnification to
be provided to persons who are or have been an officer or director of the Association only on a
determination that certain specified standards of conduct have been met, upon application for
indemnification by any such person the Association shall promptly cause such determination to
be made (i) by the Executive Board by majority vote of a quorum consisting of directors not at
the time parties to the proceeding; (ii) if a quorum cannot be obtained by majority vote of a
committee duly designated by the Executive Board (in which designation directors who are
parties may participate), consisting solely of two or more directors not at the time parties to the
proceeding, (iii) by special legal counsel selected by the Executive Board or its committee in the
manner prescribed in (i) or (ii), or if a quorum of the Executive Board cannot be obtained under
(i), and a committee cannot be designated under (ii), selected by majority vote of the full
Executive Board (in which selection directors who are parties may participate); or (iv) by the
members, but members who are also directors who are at the time parties to the proceeding may
not vote on the determination.
As a condition to any such right of indemnification, the Association may require that it be
permitted to participate in the defense of any such action or proceeding through legal counsel
designated by the Association and at the expense of the Association.
The Association may purchase and maintain insurance on behalf of any such persons
whether or not the Association would have the power to indemnify such officers and directors
against any liability under the laws of the State of North Carolina. If any expenses or other
amounts are paid by way of indemnification, other than by court order, action by the members or
by an insurance carrier, the Association shall provide notice of such payment to the members in
accordance with the provisions of the laws of the State of North Carolina.
The undersigned hereby certifies that the rules and covenants contained in the Bylaws of
the Enclave at Beverly Crest Townhome Association, Inc. were adopted on the day of
THEENCLAVE AT BEVERLY CREST
TOWNHOME ASSOCIATION, INC.
By:
Name:
Title: Secretary
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After Rccording Rcturn to.
Chiles P, Mwpliy, Jr., Bsq,
Powell, Gelelstein, Frazer & Mttrp sy LL,P
191 Peaclriree Stmet, p l;,
Atlanta, GA 30303 (4Q4) 572fi644
DECLARATION OF
COVENANTS AND RE8TRICTONS
FOR ENCLAVE AT BEYERLY CREST
MECRLENB[JRG COUNTY, NORTH CAROLINA
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TABLE OF CONTENTS
Page
ARTICLEi, DEFINI'I'IONS..................... .........Ir. ...............»....»...»..»»........,...........,....»..................»......,...,...2
ARTICLE IT. LOTS
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
.....,.»..»....................................w...........„...».
LOTS HEREBY SUBJECTED TO THIS DECLARATION 3
ADDITIONAL LOTS HEREAFTER SUBJECTED TO THIS DECLARATION ION 4
NO EFFECT ON BALANCE OF PROPERTY 5
RERECORDING OF WE PLAT 5
BOUNDARIES 5
ALL LOTS BEAR THE BURDENS AND ENJOY THE BENEFITS OF THIS DECLARATION 5
EASEMENTS OVER THE LOTS ». 5
. 6
SECTION 1. . COMMON ELEMENTS 6
SECTION 2. MEMBERS' RIGHTS IN WE COMMON ELEMENTS 6
SECTION 3. EASEMENTS OVER THE COMMON ELEMENTS 7
SECTION 4. DAMAGE oR DESTRUCTION 7
SECTION 5. TRANSFEROR ENCUMBRANCE. M 8
SECTION 6. MAINTENANCE OF THE COMMON ELEMENTS 8
SECTION 7. VEHICLES; TRAILERS; BOATS; AUTOMOBILES 8
SECTION 8. ASSIGNED PARKING SPACES 8
ARTICLE IV.
SECTION 1.
SECTION2.
SECTION 3,
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
ARTICLE V.
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
ARTICLE VI.
ARTICLE VII.
SECTION I.
SECTION 2.
SECTION 3.
SECTION 4.
THEASSOCIATION w»......»......,....»»...........»..... .,,.»»..»w.w»w....
THE ASSOCIATION 9
MEMBERSHIP 9
CLASSES OF MEMBERSHIP; VOTING RIGHTS 9
SUSPENSION OF MEMBERSHIP RIGHTS 10
MEETINGS OF THE MEMBERSHIP 10
ASSOCIATION ACTS THROUGH ITS EXECUTIVE BOARD 10
PROFESSIONAL MANAGEMENT 11
SAFETY OF OWNERS OF LOTS 11
ASSESSMENTS
.11
ASSESSMENTS; LIEN THEREFOR 11
PERSONAL OBLIGATION OF MEMBERS 11
PURPOSES OF ASSESSMENTS 12
DETERMINATION OF ANNUAL ASSESSMENT 12
SPECIAL ASSESSMENTS 13
LOTS OWNED BY DECLARANT 13
EFFECT OFNON-PAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION 14
DAMAGE OR DESTRUCTION OF TOWNHOMES..............»,,.....„„..,,,»»,,,,, 14
ARCHITECTURAL CONTROL----....--_ I5
ARCHITECTURAL RESTRICTIONS 15
ARCHITECTURAL CONTROL 15
DECLARANT EXEMPTION 17
ARCHITECTURAL ADVISORY COMMITTEE 17
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DECLARATION OF
COVENANTS AND RESTRICTIONS
FOR ENCLAVE AT BEVERLY CREST
MECKLENBURG COUNTY, NORTH CAROLINA
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made on this f 7 r"
day of ' , in the year Two Thousand Five by PULTE HOME CORPORATION, a
Michigan corporation (hereinafter referred to as the 'Declarant").
WITNESSETH:
WHEREAS, the Declarant is the owner of that certain real property located in
Mecklenburg County, North Carolina which real property is hereinafter identified as the
"Enclave at Beverly Crest Property"; and
WHEREAS, the Declarant intends to develop single family townhomes on the Enclave at
Beverly Crest Property; and
WHEREAS, the Declarant desires to provide open spaces, parks, green belts, parking
areas, private streets, lake and other facilities for the benefit of the persons who shall reside in
the aforesaid townhomes on the "Lots" (as that term is hereinafter defined); and
WHEREAS, in order to insure the enjoyment of such open spaces, parks, green belts,
parking areas, private streets, lake and other facilities by the residents of the said Lots, and in
order to protect and enhance the value of the said Lots, it is desirable to create an association to
own, maintain and administer such open spaces, parks, green belts, parking areas, private streets,
lake and other facilities, and to administer and enforce the covenants and restrictions imposed by
this Declaration on the individually owned properties, and to collect, hold and disburse the
charges and assessments provided for in this Declaration; and
WHEREAS, it is intended that every owner of any of the said Lots automatically, and by
reason of such ownership and this Declaration, become a member of the aforesaid association
and be subject to its valid rules and regulations and the assessments and charges made by such
association;
NOW, THEREFORE, the Declarant does hereby submit the "Lots" and the "Common
Elements" (as those terms are hereinafter defuzed) to the provisions of this Declaration.
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ARTICLE I.
DEFIMTIONS
As used in this Declaration, the following terms shall have the meanings. ascribed to them
in this Article i, such definitions being cumulative of those set forth elsewhere in this
Declaration. In addition, alI terms used in this Declaration which ajc defined in the Act shall
have the meanings ascribed to them in the Act, unless other definitions are ascribed to them in
this Declaration.
"Act" shall mean the North Carolina Planned Community Act, General Statutes of North
Carolina Sections 471-1-101 through 47F-3-120.
"Annual Assessment" shall have the meaning specified in Section 4 of Article V hereof,
and shall constitute the assessments which, pursuant to the provisions of Article V hereof shall
be levied by the Association against the Lots each year for the purpose of raising the funds
necessary to pay the "Annual Expenses" (as that term is defined in Section 3 of Article V
hereof).
"Articles of incorporation" shall mean the Articles of Incorporation ofthe Association, as
the same may be amended from time to time.
"Association" shall mean Enclave at Beverly Crest Townhome Association, Inc., a North
Carolina non-profit membership corporation.
"Backyard Area" shall mean the portion of each Lot which is located in the rear ofthe
Townhome constructed on such Lot.
"Bylaws" shall mean the Bylaws ofthe Association, as the same may be amended from
time to time.
"Common Elements" shall mean all portions ofthe Enclave at Beverly Crest Property
which is conveyed and transferred to the Association pursuant to Section 1 of Article III of this
Declaration and which does not include any Lot or real property dedicated to a governmental
authority. Common Elements 'shall not include any Lot which shall be acquired by the
Association through foreclosure ofthe lien in favor ofthe Association, as provided for in Article
V of this Declaration.
"Declarant" shall mean Pufe Home Corporation, a Michigan corporation, and shall
include any successor or assign of Pulte Home Corporation (other than a person acquiring fewer
than five (S) Lots) who shall acquire the entire interest in Enclave at Beverly Crest Property
which was owned by the immediate predecessor -in -title of such successor or assign.
"Declaration" shall mean this Declaration of Covenants and Restrictions, as the same
may be hereinafter amended in accordance with the terns and provisions of Article X hereof.
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"Enclave at Beverly Crest Property" shall mean the entirety of the real property described
on Exhibit A, hereto attached and made a part hereof.
"Executive Board " shall mean the Board of Directors of the Association.
"First Mortgage" shall mean a Mortgage conveying a first priority lien upon or security
title to any Lot.
"Lot" shall mean each portion of Enclave at Beverly Crest Property which has been
subdivided for use as an individual building lot and which is subjected to the terms, provisions,
liens, charges, easements, covenants and restrictions of this Declaration applicable to Lots by the
recording of this Declaration.
"Master Declaration" shall mean that certain Declaration of Covenants, Conditions and
Restrictions for Beverly Crest dated May 29,1992, .recorded in Book 06940, Page 278 in the
Mecklenburg County Public Registry, as amended in Book 7378, Page 35, Book 7901, Page 812,
Book 790I, Page 826 and Book 17252, Page 906.
"Mortgage" shall mean a mortgage, deed to secure debt, deed of trust, or other instrument
conveying a lien upon or security title to the property.
entity.
"Person" shall mean a natural person, corporation, trust, partnership or any other legal
"Plat" shall mean the Final Plat of the Enclave at Beverly Crest -Phase 1-Map 1 prepared
by ESP Associates, P.A. dated October 29, 2004 recorded in the Mecklenburg County Register
of Deeds: in Map Book 43, Page 49 and shall include any and all other plats of survey which shall
be recorded pursuant to the provisions of Article II, Sections 2 and 4.
"Townhome" shall mean the single family dwelling constructed on each Lot by the
Declarant.
All pronouns used in this Declaration are intended to be gender neutral, and the use of the
masculine gender shall be deemed to include the feminine and neuter genders.
ARTICLE H.
LOTS
Section I. Lots Hereby Subjected to this Declaration. The Declarant, for itself and
its successors and assigns, does' hereby covenant that the following described property be, and
the same hereby is, subjected to this Declaration as Lots: Unit 1-A, Unit 1-B, Unit 1-C, Unit 2-A,
Unit 2-B and Unit 2-C, as shown and depicted on the Plat,
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The Declarant, for itself; its successors and assigns, hereby further covenants that the
above=described property shall hereatter be held, transferred, sold, conveyed, used, leased,
occupied, mortgaged or otherwise encumbered subject to all of the terms, provisions, liens,
charges, easements, covenants and restrictions set forth in the Act and in this Declaration as
applicable to the Lots, including, but not limited to, the lien provisions set forth in Article V
hereof. All of the terms, provisions, liens, charges, easements, covenants and restrictions set
forth in this Declaration as applicable to the Lots shall be a permanent charge thereon, and shall
ran with the Lots.
Section 2. Additional Lots Hereafter Subjected to this Declaration. The Declarant
may, at any time, and from time, to time, prior to December 31, 2011, subject additional portions
of (a) the Enclave at Beverly Crest Property and (b) any real property that is contiguous with the
Enclave at Beverly Crest Property (the "Contiguous Property") to the Act and the tcnns;
provisions, liens, oharges, easements, covenants and restrictions of this Declaration applicable to
Lots by:
(a) executing and recording in the Office of the Register of Deeds of
Mecklenburg County, North Carolina, a supplemental declaration to this Declaration describing
such additional' Lots and stating that this Declaration is thereby extended to, and shall thereafter
apply to, such additional Lots; .and
(b) recording in the Office of the Register of Deeds of Mecklenburg County,
North Carolina, a plat of survey showing and depicting the additional Lots being thereby
subjected to this Declaration.
From and after the subjecting of such additional Lots to the Act and to this Declaration,
such additional Lots shall thereafter be held, transferred, sold, conveyed, used, leased, occupied,
mortgaged or otherwise encumbered subject to all of the terms, provisions, liens, charges,
easements, covenants and restrictions of this Declaration applicable to Lots, including, without
limitation, all lien and assessment provisions set forth in this Declaration; from and after the
subjecting of such additional Lots to this Declaration, all of the terms, provisions, liens, charges,.
easements, covenants and restrictions set forth in this Declaration as applicable to Lots shall be a
permanent charge thereon, and shall run with, such additional Lots.
Any supplemental declaration which may be executed and recorded pursuant to the
provisions of this Article II for the purpose of subjecting additional Lots to the terms and
provisions of this Declaration may set forth certain easements and restrictions which will apply
only to the Lots being subjected to this Declaration by such supplemental declaration. Any such
easements and restrictions which shall be set forth in any supplemental declaration shall
thereafter be as binding on the Lots which are the subject of such supplemental declaration as if
such easements and restrictions were set forth in their entirety in this Declaration.
Except as otherwise provided in the Act, no approval from any member of the
Association, or from anyone else whomsoever, shall be required for the Declarant to subject any
portion of the Enclave at Beverly Crest Property or the Contiguous Property to this Declaration
as additional Lots.
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Section 3. No Effect on Balance of Property. Notwithstanding anything contained in
this Declaration which may be constructed to the contrary, this Declaration does not create any
charge, lien, encumbrance, restriction, or limitation on any portion of the Enclave at Beverly
Crest Property other than the Lots described in Section 1 of this Article II, unless and until any
additional portion of the Enclave at Beverly Crest Property or the Contiguous Property is
subjected to this Declaration as Lots or Common Elements in the manner set forth, respectively,
in Section 2 of this Article II or in Section 1 of Article Ili, and then, only from that time forward.
Section 4. 1erecording of the Plat. As Townhomes are constructed on the Lots, the
Declarant may, at any time, and from time to time, prior to December 31, 2011, rerecord the Plat
to adjust the boundary lines of Lots owned by the Declarant. Notwithstanding any provision of
this Declaration, or of any statutory or common law, which may provide to the contrary, from
and after the date of each rerecording of the Plat by the Declarant, the boundary lines of all Lots
shall be as the same are shown and depicted on such rerecorded Plat. The right of the Declarant
under this Section 4 to rerecord the Plat shall terminate at such time as the Declarant shall have
re -recorded the Plat after a Townhome shall have been constructed on each of the Lots.
No approval from any member of the Association, or from anyone else whomsoever,
shall be required for the Declarantto adjust the boundary lines of the Lots owned by the
Declarant pursuant to the provisions of this Section 4.
Section 5. Boundaries. Notwithstanding the depiction of the boundaries of any Lot
on the Plat, the centerline of any common wall separating any Townhome from an adjoining
Townhome shall constitute that portion of the common boundary line that runs between the
attached areas of such Townhomes.
Each wall separating a Townhome from another Townhome shall constitute a party wall
for the benefit of the owners of said Townhomes. Irrespective of whether the deed of
conveyance of a Lot and Townhome located thereon shall make a specific reference to the rights
to a party wall or an easement for lateral support, conveyance of each Lot and Townhome
located thereon shall be deemed to include all undivided interest in so much of the width of the
entire length of the party Wall separating such Townhome from the adjoining Townhome as is
situated on said Townhome, together with a grant of easement of lateral support for such part of
said wall as is situated on the adjoining Townhome; and there shall be deemed reserved in the
conveyance of each of such Lots and Townhomes located thereon a like easement of lateral
support.
Section 6. All Lots Bear the Burdens and Enjoy the Benefits of this Declaration.
Every person who is a record owner of a fee or undivided fee interest in any Lot does, by
acceptance of a deed or other conveyance thereto, and by acceptance of such ownership, and by
taking record title to such Lot, agree to all of the terms and provisions of this Declaration. Each
of the Lots is subject to all the burdens, and enjoys all the benefits, made applicable hereunder.
• Section 7. Easements Over the Lots. The Lots shall be subjected to, and the
Declarant does hereby grant to the appropriate grantees thereof, the following easements:
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(a) Each Lot shall be subject to all easements which are shown and depicted
on the Plat as affecting and burdening such Lot, including but not limited to any and all blanket
easements reserved for electric, cable, telephone and gas utilities;
(b) Each Lot shall be subject to an easement for slope control purposes,
including the right to grade and plant slopes and prevent the doing of any activity that might
interfere with slopes or which might create erosion or sliding prob]erns or which -might change,
obstruct or retard drainage flow; and
(c) Each Lot, including the Townhome located thereon, shall be subject to an
easement for the entry by the authorized agents and representatives of the Association to go in
such Townhome and upon such Lot under the circumstances, and for the purposes described in
Article IX of this Declaration.
(d) That portion of any Lot, noted on the Plat as any type of "Buffer", shall
constitute an undisturbed buffer area. In no event shall any improvements, including but not
limited to any impermeable surface or any structure of a permanent or temporary nature, be
placed within any portion of such buffer area on any Lot.
ARTICLE III.
COMMON ELEMENTS
Section 1. Common Elements. The Declarant shall have the right to transfer and
convey to the Association any portion of the Enclave at Beverly Crest Property, All portions of
the Enclave at Beverly Crest Property which the Declarant shall so transfer or convey to the
Association shall thereafter constitute .Common Elements. Said right may be exercised by the
Declarant any time, and from time to time, prior to December 31, 2011.
All portions of.Enclave at Beverly Crest Property which shall be transferred to the
Association by the Declarant (a) shall be conveyed to the Association by limited warranty deed
free of debt encumbrance, and (b) shall be conveyed to the Association subject to the rights and
easements set forth in Sections 2 and 3 of this Article III, irrespective of whether the deed of
conveyance shall make a specific reference to such rights and easements.
By joining in the execution of this Declaration, the Association does hereby covenant and
agree to accept ail conveyances of the Common Elements which may be made to it pursuant to,
and in accordance with, the terms and provisions of this Section 1.
Section 2. Members' Rights in the Common Elements. Every owner of any Lot and
the Townhome located thereto shall have a non-exclusive right and easement of enjoyment and
use in and to the Common Elements and such right and easement shall be appurtenant to, and
shall pass with, the title to the Lot(s) owned by such owner. Such right and easement of
enjoyment and use are and shall be subject to the easements which are described in Section 3 of
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this Article III and to the right of the Association to promulgatereasonable rules and regulations
regarding the use of the Common Elements, and the right of the Association, as provided in the
Bylaws, to suspend the.enjoyment rights ofthe owner of any Lot during any.period in which any
assessment which is due to the Association from such owner remains unpaid, and such period as
the Executive Board may consider appropriate for any infraction of its published rules and
regulations. No such suspension, however, shall prohibit the owner of any Lot from using the
Common Elements to the extent necessary for such owner to have access to and from his Lot. In
addition, the Executive Board may permit other persons who are not residents of any Lots to use
the Common Elements upon such terms and conditions, and for the payment of such fees, as
shall be determined by the Executive Board.
Section 3. Easements Over the Common Elements. All Common Elements shall be
subject to, and Declarant and the Association do hereby grant, the following easements:
(a) An easement across, in, under, over and through the Common Elements
for the purposes of the construction, installation, repair, maintenance and use of all utility and
drainage lines, wires, pipes and similar facilities as exist on the date of this Declaration;
(b) An easement, in favor of Declarant for the exclusive use of such portions
of the Common Elements as may be reasonably desirable, convenient or incidental to the
construction and installation of improvements on, and the sale of, any Lots and Townhomes
thereon, including, but not limited to, sales and business offices, storage areas, construction yards
and signs. Such easements shall be exercisable by any and all persons whom the Declarant shall
authorize to exercise the same, including, without limitation, real estate sales agents and brokers
and builders ofresidences.upon the Lots, irrespective of whether such persons are affiliated with
the Declarant. Such easements shall exist notwithstanding any provision of this Declaration
which might be construed to the contrary, but shall terminate at such time as the construction on
the Lots of all Townhomes has been completed and all of the Lots shall have been conveyed to
owners thereof who shall not have acquired the Lots for the purpose of immediate resale ofthe
same. Such easements shall and do exist without affecting the obligation of the owner of any Lot
to pay assessments or charges coming due during such period of time as portions of the Common
Elements shall be used by authorized persons pursuant to the exercise of the easements herein
stated; and
(e) An easement for the continued maintenance, repair, replacement and use
of the area on which the air-conditioning compressor serving any Townhome is located, such
easement to be appurtenant to the Townhome served by such air-conditioning compressor.
Section 4. Damage or Destruction. All damage that shall occur to any improvements
on any Common Elements on account of the occurrence of any casualty shall be repaired in all
events. Such repairs shall be undertaken and completed as soon after the occurrence of any
casualty as is reasonably practicable. All repairs to any improvements located on the Common
Elements shall be made in accordance with plans and specifications that shall be approved for
the same by the Executive Board of the Association.
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As provided in Section 47F-3-113 of the Act, it shall be the duty of the Association to
obtain and maintain in effect at all times a policy of casualty insurance on all improvements
located on the Common Elements. The amount of such policy shall be in amount that is no less
than eighty percent (80%) of the replacement cost of the improvements to be insured with
deductibles in amount to be determined by the Executive Board. It shall also be the duty of the
Association to obtain and maintain in effect at all times a comprehensive policy of public
liability insurance. The comprehensive policy of publie liability insurance shall have a
reasonable amount of coverage, as shall be determined by the Executive Board, and shall provide
for such deductibles, as shall be determined by the Executive Board. During the existence of the
Class B membership of the Association, both insurances may be provided by a self-insurance
program maintained by the Declarant.
The owner of each Lot and Townhome located thereon shall obtain and maintain in effect
at all times a master multi -peril policy of property insurance covering all insurable portions of
such Townhome, on a replacement cost basis in an amount of not less than one hundred percent
(l00%) of the insurable value, based upon replacement cost, of the same.
Section 5. Transfer or Encumbrance. In no event shall the Association abandon,
encumber, sell or transfer, directly or indirectly, any portion of the Common Elements unless
such abandonment, encumbrance, sale or transfer shall be first approved in writing by the owners
of no fewer than eighty percent (80%) of the Lots.
Section 6. Maintenance of the Common Elements. The Association shall be
responsible for the maintenance and repair of all Common Elements.
Section 7. Vehicles; Trailers; Boats; Automobiles. No boat, trailer, boattrailer,
camper, truck or utility trailer shall be permitted to be stored or repaired upon any part of
Enclave at Beverly Crest Property, except with the percussion of the Executive Board, and then,
only in compliance with all requirements imposed by the Executive Board as a condition to the
issuance of such permission. No automobile maybe parked upon any Lot unless the same is
parked on a pavement area located on such Lot for such purpose, and the same is in operating
condition and has affixed thereto a then current license tag and, if applicable, operating sticker.
In addition, at least one parking bay of any garage constructed on a Lot shall be maintained and
used to park and store a vehicle.
Section 8. Assigned Parking Spaces. The Executive Board shall have the authority to
designate any parking spaces located on the Common Elements for the exclusive use of the
occupants of a particular Townhome, in the event that the Executive Board shall exercise such
authority, then no vehicles may be parked in any parking space so dedicated for use by the
residents of such Townhome, except for automobile parked by a resident of such Townhome or
parked with the permission of a resident of such Townhome. In no event shalt more than two (2)
such parking spaces be designated for the exclusive use of any one Townhome.
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ARTICLE IV.
THE ASSOCIATION
Section 1. The Association. Prior to the date this Declaration.has been filed for
record with the Clerk of the Register of Deeds of Mecklenburg County, North Carolina,'the
Declarant has caused the Association to be formed, and the Association does now exist, under its
Articles of incorporation and Bylaws.
The Association is and shall be responsible for the ownership, management and operation
of the Common Elements, the enforcement of the covenants and restrictions set forth in this
Declaration, and the performance of such other duties and services as the Executive Board shall
deem to be in the best interests of the members of the Association. The Association shall have
all the power and authority provided in the Association by the provisions of Section 47F-3-102
• of the Act.
The Association shall collect all assessments and charges which are levied against the
Lots pursuant to the Master Declaration. The Association shall uphold the guidelines set forth in
the Master Declaration.
Section 2. Membership. Every person who is, or who becomes, a record owner of a
fee or undivided fee interest in any Lot is and shall be a member of the Association; provided,
however, that any such person who holds such interest merely as security for the performance of
an obligation shall not be a member of the Association. The transfer of ownership of a fee or
undivided fee interest in any Lot shall automatically transfer membership in the Association; and
in no event shall such membership be severed from the ownership of such Lot.
Section 3. Classes of Membership; Voting Rights. The Association shall have two
classes of voting membership: Class A and Class B.
(a) Class A. The Class A members shall be all those persons holding an
interest required for membership in the Association, as specified in Section 2 of this Article IV,
except for those persons who are Class B members. Until such time as the Class A members
shall be entitled to full voting privileges, as hereinafter specified, the Class A membership shall
be entitled to vote only in regard to the following matters: (a) any proposal of merger,
consolidation or dissolution of the Association; (b) any proposal to transfer or encumber any
portion of the Common Elements; (c) any proposal pursuant to Article X of this Declaration to
amend this Declaration; (d) any proposal to modify or amend the Articles of Incorporation or by
the Bylaws; and (e) any other matter for which it is herein specifically provided, or for which it
is provided by the Act, the North Carolina Non-profit Corporation Code or any other law, that
approval of each and everyclass of membership of the Association is required. Except in regard
to the foregoing matters, the Class A membership shall be a non -voting membership until such
time as the Class B membership shall terminate, at which time the Class A membership shall be
the sole class of membership and shall be entitled to full voting privileges.
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When entitled to vote, Class A members shall .be entitled to east one (1) vote for each Lot
in which they hold an interest required for membership by Section 2 of this Article IV.
(b) Class B. The Declarant shall be the sole Class 13 member. Class 13
membership shall be a full voting membership and, during its existence, the Class B member
shall be entitled to vote on all matters and in all events. The Class B membership shall terminate
and cease to exist, and the Class B member shall be and become a Class A member insofar as it
may then hold any interest required'for membership by Section 2 of this Article N, upon the
earliest to occur of (i) the date on which the Declarant shall have conveyed to individual owners
thereof all of the Lots, permitted by applicable zoning to be developed within the Enclave at
Beverly Crest or (ii) on such earlier date as the Declarant shall designate in a written notice
delivered to the Association.
From and after the date at which the Class B membership automatically
terminates and ceases to exist, such membership shall not be renewed or reinstated. .
Section d. Suspension of Membership Rights. The membership rights of any
member of the Association, including the right to vote and to use the Common Elements (except
for the right to use the Common Elements for access to and from the Lot owned by such
member), maybe suspended by the Executive Board pursuant to the authority granted in the
Bylaws. Any such suspension shall not affect such member's obligation to pay assessments
coming due during the period of such suspension and shall not affect the permanent charge and
lien on the members property in favor of the Association.
Section 5. Meetings of the Membership. All matters concerning the meetings of
members of the Association, including the time at which and the manner in which notice of any
said meeting shall be given to members, the quorum required for the transaction of business at
any meeting, and the vote required on any matter, shall be as specified in the Act, in the North
Carolina Nonprofit Corporation Act, in this Declaration, or in the Articles of Incorporation or the
Bylaws, or by iaw.
Section 6. Association Acts Through Its Executive Board. Whenever approval of, or
action or inaction by, the Association is referred to or called for in this Declaration, such action,
inaction or approval shall be by the Executive Board ofthe Association, unless it is specifically
stated in this Declaration, the Articles of Incorporation or the Bylaws with respect to such action,
inaction or approval that the members of the Association must vote. No member of the
Executive Board of the Association or any officer of the Association (including, without
limitation, any such individual who shall have been eketcd by a vote.of the Class B member)
shall be personally liable to any owner of any Lot for any mistake of judgment or for any other
act or omission of any nature whatsoever, except for any acts or omissions found by a court of
competent jurisdiction to constitute gross negligence or fraud.
The Executive Board of the Association shall have the broad authority to adopt, publish
and enforce rules and regulations governing the Enclave at Beverly Crest Property. Such rules
and regulations shall be in addition to any restrictions imposed by this Declaration.
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Section 7.. Professional Management. The Association may, but shall not be
obligated to, obtain and pay for the services of any person or other entity to manage the affairs of
the Association, or any part thereof, and may enter into such agreements for the management of
the Common Elements as the Executive Board deems to be in the best interests of the -
Association,
Section 8. Safety of owners of Lots. The Association shall not be responsible for the
safety of the owner of a Lot or their lessens, guests or invitees. The Association may, but shall
not be obligated, to provide security services within the Enclave at Beverly Crest.
ARTICLE V.
ASSESSMENTS
Section I. Assessments; Lien Therefor. Each person other than the Declarant who
shall own any Lot, by acceptance of a deed or other conveyance thereto, and by acceptance of
such ownership, and by taking record title thereto, shall be deemed to covenant and agree to pay
to the Association all assessments and charges which are levied by the Association against the
Lot(s) owned by such person in accordance with the terms and provisions of the Act and this
Declaration, and to pay to the Association all assessments and charges which are levied against
the Lot(s) owned by such person in accordance with the terms and provisions of the Master
Declaration.
As more fully provided in Section 47F-3-116 of the Act, all sums lawfully assessed by
the Association against any Lot and the owner thereof, which shall remain.unpaid for a.period of
thirty (30) days from the date of such assessment, shall constitute a lien in favor of the
Association on such Lot when a claim of lien is filed of record in the office of the clerk of
superior court of the county in which the Lot is located. Such lien shall be prior and superior to
all other liens whatsoever, except:
(a) liens for ad valorem taxes and other governmental assessments on the Lot;
(b) any lien that was properly recorded prior to the docketing of the claim of
Iien in the office of the clerk of superior court;
(c) the lien of any First Mortgage or the lien of any prior Mortgage recorded
in the Deed Records of Mecklenburg County, North Carolina; or
(d) the lien of any secondary purchase money Mortgage covering the Lot,
provided that neither the grantee nor any successor grantee on the Mortgage is the seller of the
Lot.
Section 2. Personal Obligation of Members. Each member of the Association other
than the Declarant, by acceptance of a deed or other conveyance to the Lot(s) owned by such
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member, irrespective of whether it shall -be so expressed in any such deed or otherconveyance,
and by acceptance of ownership of such Lot (s), and by taking record title to such Lot(s), shall be
deemed to covenant and agree to pay to the Association:
(a) His share ofthe Annual Assessments which shall be levied by the
Association in accordance with Section 4 hereof and
(b) When properly authorized in accordance with Section 5 hereof, special
assessments, such annual and special assessments to be fixed, established and collected from
tune to time as hereinafter provided.
All such assessments, together with interest thereon and costs of collection
.thereof, as hereinafter provided, shall be the personal obligation of the person who is the owner
of the Lot against which such assessments are levied at the time such assessments become due
and payable. The covenant to pay assessments herein stated is and shall be a covenant running
with the land.
Section 3. Purposes of Assessments. The assessments levied bythe Association
pursuant to this Article V shall be used to pay the costs and expenses which the Association shall
incur in connection with the performance of its duties and responsibilities pursuant to the Act,
this Declaration, the Articles of incorporation and the Bylaws and to pay the assessments and
charges levied against the Lots pursuant to the Master Declaration (such costs.and expenses
being berein referred to as the "Annual Expenses"). Without limiting the generality 'of the
foregoing, the Annual Expenses shall include the costs of repair and maintenance of all
Common Elements and the maintenance of the Lots as provided in Section 2 of Article IX;
payment of all assessments and charges levied against the Lots pursuant to the Master
Declaration; payment of all governmental charges, taxes and assessments which shall be Ievied
against all Common Elements; payment of all costs and expenses incurred by the Association in
connection with its operations, including, without limitation, the payment of electricity charges
for all lighting located on the Enclave at Beverly Crest Property which does not serve a particular
Lot; payment of the premiums for all policies of property and liability insurance maintained by
the Association with respect to Common Elements; payment of the premiums for all fidelity
bonds which shall be obtained by the Association; the maintenance of reserves for the repair and
replacement of improvements located on the Common Elements and for such other purposes as
the Executive Board shall determine, in all cases in such amounts as the Executive Board shall
determine; the payment of the fees of such management firms as the Executive Board shall
employ; and payment of the fees for the provision of such professional services as the Executive
Board shall determine to be required by the Association, including legal, accounting and
architectural services.
Section 4. Determination of Annual Assessment. Prior to the commencement of
each fiscal year of the Association (said fiscal year being specified in the Bylaws), the Executive
Board shall estimate the total amount of the Annual Expenses which are anticipated to be
incurred by the Association during such fiscal year and shall determine the amount which will be
deposited during such fiscal year into reserve funds maintained by the Association. The
Executive Board shall thereupon adopt a budget for the Association's expenditures and reserve
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fundings based upon such estimate and providing for the total annual assessment to be levied
against the members of the Association for such fiscal year (the total assessment which shall be
so determined and levied against all of the members of the Association for any fiscal year is
herein referred to as the "Annual Assessment"). The amounts so determined by the Executive
Board shall be levied against all of the members of the Association other than the Declarant and
all Lots not owned by the Declarant. The amount of the Annual Assessment levied against each
Lot shall be the same as the amount levied against every other Lot. Each Lot not owned by the
Declarant shall be liable for that share of every Annual•Assessent which is so determined by
the Executive Board.nl
The Executive Board shall send a copy of the budget so adopted by it,
together with a written notice of the amount of the Annual Assessment so determined • for such
fiscal year and• the amount of such Annual Assessment which shall be levied against each Lot, to
the owner of every Lot prior to the commencement of the fiscal year during which such Annual
Assessment is to be paid. The amount of such Annual Assessment which shall be levied against
each Lot shall be due and payable to the Association in such installments the Executive Board
shall determine, and after notice of the same shall have been given to all of the members of the
Association by the Executive Board, and shall be paid to the Association when due without
further notice.
Section 5: Special Assessments. If for any reason, including non-payment of any
assessments to the Association by the persons liable therefor, the budget adopted by the
Executive Board for any fiscal year shall prove to be inadequate to defray the Annual Expenses
for such fiscal year, or if the Executive Board shall detetmine that it is in the best interests of the
Association to levy a special assessment to pay the costs of any capital improvements or capital
repairs, the Executive Board shall have the authority to levy a special assessment against the Lots
and the owners thereof (other than the Declarant) to raise such needed funds. Any special
assessment levied by the Executive Board pursuant to the provisions of this Section 5 shall be
payable at such times and such instalments as the Executive Board shall determine. Each Lot
not owned by the Declarant shall be liable for the payment of an equal share of every special
assessment which shall be levied by the Association pursuant to the provisions of this Section 5.
Section 6. Lots Owned by Declarant. Notwithstanding any term or provision of this
Declaration which may be construed to the contrary, no Lot owned by the Declarant shall be
subject to any assessment provided for in this Article V. Rather, all Lots owned by the Declarant
shall be exempt from the payment of all assessments for so long as such Lots are owned by the
Declarant. However, in the event, the Declarant shall pay any amount(s) necessary to cover in
shortfalls or deficits in the budget or to pay any expenses that should have been paid from the
Annual Assessments, such amount(s) so paid by the Declarant shall be credited against the
Declarant's obligations to pay any future assessments, if such obligation to pay assessments were
imposed upon the Declarant by law. At such time as any Lot which is owned by the Declarant
shall be conveyed or transferred away by the Declarant, all liens and assessments provided for in
this Article V shall become immediately levied against such Lot and the owner of such Lot shall
immediately become liable for the payment of all such assessments. The amount of each Annual
Assessment which shall become so payable with respect to any Lot shall be prorated according
to the respective portions of the fiscal year that such Lot was owned by the Declarant and by
such successor owner.
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Section 7. fect of Non -Payment of Assessments, Remedies of the Association.
(a) In.the event that any member ofthe Association shall fail,to pay, within
ten (10)•days after the date the same is due and payable, any annual or special assessment, or any
.installment of any annual or special assessment which is payable by him to the Association, the
entire amount of such assessment, inclucling the portion thereof which would otherwise be
payable in installments, may be declared by the Executive Board to be immediately due and
payable in full to the Association. As more fully set out in the Act, all such amounts so declared
by the Executive Board to be due and payable in full to the Association shall be secured by the
lien of the Association on every Lot owned by the delinquent member, which lien shall bind such
Lot.or Lots in the hands of the then owner, and his hens, devisees, successors and assigns.
(b) All amounts which the Executive Board shall declare to be due and
payable pursuant to this Section 7 shall bear interest from the date of delinquency at the lower of
the rate of eighteen (I8%) percent per annum or the highest rate permitted by Iaw, and the
Association may bring Iegal action against the member of the Association personally obligated to
pay the same, or foreclose its lien.upon the Lot or Lots ofsuch member, in either ofwhich events
such member shall also be Iiable to the Association for all costs and attorneys' fees which the
Association shall incur in connection with the collection of such delinquent amounts.
ARTICLE VI.
DAMAGE OR DESTRUCTION OF TOWNHOMES
In the event of.the occurrence of any damage or destruction by fire or other casualty to
any one or more Townhomes, such damage or destruction shall be repaired or rebuilt in all
events. All repair, reconstruction or rebuilding of any Townhome shall be substantially in
accordance with the plans and specifications for such damaged or destroyed Townhome prior to
the occurrence of such dainage, or in accordance with such differing plans and specifications as
are appmved for sucks purpose by both the owner of the Townhome which is to be so repaired,
reconstructed or rebuilt, and by the Executive Board. The work of repairing, reconstructing or
rebuilding any damaged or destroyed Townhome shall be completed as. soon after the occurrence
of such damage or destruction as is reasonably practicable at no cost or expense to the
Association. The owner of any Townhome which is to be repaired, reconstructed or rebuilt
pursuant to the provisions of this Article VI shall be responsible for the completion of such work
in the manner, and withinTe time requirements, set forth in this Article VL
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ARTICLE VII.
ARCHITECTURAL CONTROL
Section 1. Architectural Restrictions.
(a) No Townhome shall be constructed on any Lot unless such Townhome
contains no less than Two Thousand One Hundred Fifty (2,150) square feet of interior, heated
space.
(b) No structure other than a fence shall be constructed, placed or installed
upon anyLot, in a location which encroaches beyond any front, side or rear building set -back
line which is depicted on the Plat. No fence shall be constructed or erected upon any Lot in any
location other than entirely in the rear of the Townhome.
Section 2. • Architectural Control.
(a) No building, fence, wall, garage, , carport, playhouse, swimming pool,
mail -box• or other structure shall be commenced, erected or maintained upon any Lot, nor shall
any exterior addition to, change in (including, without limitation, any change in the type of
roofing material or in the color of the paint, stain or varnish), or alteration of, the Townhome
located on any Lot or any other structure located on any Lot be made until complete and final
plans and specifications, setting forth the information hereinafter described, shall have been
submitted to, and approved in writing by, the Executive Board as to the harmony of the exterior
design and general quality with the existing standards of the improvements located on the other
Lots, and as to location in relation to surrounding structures and topography.
(b) The plans and specifications which must be submitted to the Executive
Board prior to the alteration or addition to any Townhome or the commencement of any structure
upon any Lot, as hereinabove provided, shall contain at least the following information;
(I) A site plan showing the shape and size of the proposed structure
and its location on the Lot on which the same is proposed to be constructed; and
(ii) Building plans of the proposed structure which shall include an
exterior elevation drawing of the proposed structure;
(ui) In the case of any fence proposed to be erected on any Lot, a site
plan showing the location of the proposed fence and a statement of which of the approved details
as set forth in the Guide to Rules and Regulations (as that term is defined in paragraph (c)
hereinbelow) said proposed fence shall conform to; and
(iv) In the case of the alteration of any Townhome, a complete.
description of the alteration proposed to be made, including a sample of any varnishes or paints
proposed to be used.
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(c) : it shall be the duty of the Executive Board to'maintain in effect a series of
guidelines of standardized and approved designs for architectural control and for fences that may
be erected upon any Lot. Said standardized fence designs shall be so maintained by the
Executive Board and will be outlined in the niles and regulations (the "Guide to Rules and
Regulations') promulgated by the ExecutiveBoard. The Executive Board may modify, change,
and enforce the approved details, and adopt additional approved details, at any time, and from
tune to time, as the Executive Board believes to be in the best interests of the owners of the Lots.
The Executive Board shall furnish the owner of any Lot with a copy of the then existing
approved details upon such Lot owner's request.
In no event shall any structure or fence be erected on any Lot unless the design of such
fence shall conform to the then existing approved details set out in the Guide to Rules and
Regulations.
The Executive Board of the Association shall have the broad authority to adopt, publish
and enforce rules and regulations governing the Enclave at Beverly Crest Property. Such rules
and regulations shall be in addition to any restrictions imposed by this Declaration and shall be in
accordance with the Master Declaration.
(d) The Association shall upon demand at any time, fumish to any member of
the Association a certlficate in writing signed by an officer of the Association, stating that any
building, fence, wall, garage, carport, playhouse, swimming pool, mailbox or other structure
erected upon such owner's Lot, or any exterior addition to, change in, or alteration of any
Townhome or other structure owned by such member on a Lot, is in compliance with the
provisions of this. Section 2 of Article VII, if such improvements are•in fact in compliance and
such certificate shall be conclusive as to whether the same is in such compliance.
(e) In the event that any construction or alteration work is undertaken or
performed upon any Lot without application having been first made and approval obtained as
provided in paragraph (a) of this Section 3, said construction or alteration work shall be deemed
to be in violation of this covenant, and the person upon whose Lot said construction or alteration
work was undertaken or performed may be required to restore to its original condition, at his sole
expense, the property upon which said construction or alteration was undertaken or performed.
Upon the failure or refusal of any person to perform the restoration required herein, the
Executive Board, or their authorized agents or employees, may, after fourteen (14) days' notice
to such person, enter upon the property upon which such unauthorized construction or alteration
work has been performed, and make such restoration as the Executive Board, in the exercise of
its discretion, may deem necessary or advisable. The person upon whose Lot such restoration
work shall have been so performed shall be personally liable to the Association for all direct and
indirect costs which the Association shall incur in the performance of such restoration work, and
the liability for such cost shall be secured by all the liens, and shalt be subject to the same means
of collection, as the assessments provided for in Article V of this Declaration. Such costs shall
be paid to the Association by the person liable for the same at the same time as the next due
Annual Assessment payment, as provided in Section 4 of Article V of thus Declaration, or at such
earlier time, and in such installments, as the Executive Board shall determine.
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.y
Sectioxi 3. 'Declarant Exemption. Notwithstanding anything stated to the contrary
' herein, nothing contained in this Article VII shall be construed as prohibiting any construction by
the Declarant upon any Lot while such Lot is owned by the Declarant. Any new construction
performed by the Declarant upon any Lot while such Lot is owned by the Declarant shall be
exempt from the provisions of Section 3 of this Article VII
Section 4. Architectural Advisory Committee. The Executive Board shall be
authorized to appoint an architectural advisory committee to advise it and assist it in connection
with its performance of its responsibilities under Section 2 of this Article VII. The functions
which may be performed by any such architectural advisory committee shall include reviewing
plans and specifications which are submitted to the Executive Board in connection with
proposals to construct or alter improvements upon the Lots and to make recommendations to the
Executive Board with respect.to.such plans and specifications.
ARTICLE VIII.
RESTRICTIONS
In order to provide for the maximum enjoyment of the Lots and Townhomes located
thereon by all of the residents thereof and to provide protection for the value of the same, the use
of the Lots and Townhomes located thereon shall be restricted to, and shall be only in
accordance with the provisions of the Master Declaration and the following provisions;
Section 1. Single -Family Use. All of the Lots shall be restricted exclusively to
single-family residential use. The term "single-family" shall include one or more related or
unrelated adults, as well as the children of any such adults. No Lot shall at any time be used for
any commercial, business or professional purpose. Notwithstanding the foregoing, however,
nothing set forth in this Section 1 shall prohibit: (a) the Declarant from conducting such sales,
leasing and promotional activities on any Lot as said Declarant shall determine (including but not
limited to, using any Townhome as a model home and sales office); or (b) the owner of any
Townhome from using a portion of a Townhome as an office, provided that such use does not
create regular customer or client traffic to and from such Lot and Townhome located thereon and
no sign, logo, symbol or nameplate identifying such business is displayed anywhere on such Lot.
Section 2. Prohibited Activities. No noxious or offensive activity shall be conducted
on any Lot. Each owner of any Lot, his family, tenants, guests and invitees, shall refrain from
any act or use of his property which could reasonably cause embarrassment, discomfort,
annoyance or nuisance to any other resident or residents of any other Lot.
Section 3. Nuisances. No nuisance shall be permitted to exist upon any Lot.
Without limiting the generality of the foregoing, no exterior speakers, horns,. whistles, bells, or
other sound devices, except security devices used exclusively for security purposes, shall be
located, used or placed on any Lot, or any portion thereof.
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I
Section 4. Trasb: Mfrnals. No portion of any Lot shall be used as a dumping ground
for rubbish, trash or garbage, nor shall any trash or garbage,be permitted to accumulate upon any
Lot. Garbage containers shall be placed in a garage or screened on each Lot so that the s_ ame
shall not be visible from the street or from any part of any other Lot.
No Lot or Townhome located thereon shall be used for the keeping or breeding of
livestock animals or poultry of any kind, except'that a reasonable number of household pets may
be kept, provided .that they are neither kept for breeding nor maintained for any commercial
purpose, and provided that none of such pets are permitted to be a source of annoyance toany
other resident or residents of any other Lot.
Section 5. Sign. No sign of any kind or character shall be erected on any portion of
any Lot, or displayed to the public on any portion of any Lot, without the prior written consent of
the Executive Board, except for customary name and address .signs and one "for sale sign
advertising a Lot for sale. The restriction .herein stated shall include the prohibition of placement
of any sign within a Townhome in a location from which the same shall be visible from the
outside and the placement of any sign in or upon any motor vehicle.
Section 6. Antennas; Aerials; Satellite Dishes. No antennas, aerials, satellite dishes
or other reception devices having a diameter or diagonal measurement greater than one meter
shall be installed on any Lot. So long as reception of an acceptable quality is not precluded, the
antenna, aerial, satellite dish or other reception device of appropriate size shall be Iocated only
on that portion of the Lot which is least visible from public view and shielded so as to minimize
any risk and to ensure a nuisance is not created.
Section 7. Clotheslines. No clothesline shall.be erected on any portion of any Lot.
Section 8. Windogr Air -Conditioners. No air -conditioner shall be installed in any
window of any Townhome, nor shall any air -conditioner be installed on any Townhome on any
Lot so that the same protrudes through any exterior wall of such Townhome.
Section 9. Temporary Structures. Subject to the right of the Declarant .to promote the
sale of Lots, no stricture of a temporary character, including, without limitation, any trailer, tent,
shack, garage or other building, shall be permitted on any Lot at any time, whether temporarily
or permanently, except with the prior written consent of the Executive Board; provided,
however, that temporary structures maybe erected or placed upon a Lot for use in connection
with the repair or construction of structures upon such Lot.
Lot.
Section 10. Subdivision of Lots. No Lot maybe further subdivided into any smaller
Section 11. Enforcement by Members. In the event that the owner of any Lot, or any
person who is entitled to occupy any Lot, shall fail to comply with or abide by any restriction set
forth in this Article vm, then the owner of any other Lot who is aggrieved by such failure of
compliance or abidance shall have the right to proceed at Iaw or in equity to.compet such owner
or such occupant to comply therewith and abide thereby. Additionally, any owner of any Lot
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who, or whose lessee, shall fail to comply with or abide by any such restriction shall be liable for
any damages as -May be suffered by anyether owner'of ally Lot as -a consequence of such failure.
Section 12.Other Restrictions. In addition to restrictions in the Master Declaration and
the:aforementioned restrictions, the Executive Board shall have the authority to adopt, publish,
and enforce rules and regulations governing all Common Elements and all Lots, except those
Lots owned by the Declarant, and' which are hereby subjectedle this Declaration. The Declarant
shall have the right in its sole discretion to agree to be bound by any additional rules and
regulations promulgated by the Executive Board pursuant to this Section 12.
ARTICLE IX.
MAINTENANCE OF TOWNHOMES, LOTS, BACKYARD AREAS AND LANDSCAPING
Section 1. Maintenance and Repair of Townhomes. The owner of each Townhome
shall be obligated to maintain and repair the entirety of his Townhome, including all walls and
the roof of such Townhome. Such maintenance and repair work shall be performed at the sole
cost and expense of the owner of such Townhome. All exteriors of all Townhomes shall be
maintained in a condition which is satisfactory to the Executive Board including, but not limited
to any driveways and any private walks leading to the entrances of such Townhomes. In no
event shall any change be made in the exterior appearance of any Townhome (including, without
limitation, painting and the application of any brick, stucco, paneling or other siding), unless
such change has been first approved in writing by the Executive Board, as provided for in Article
VII, Section 2 hereof.
Section 2. Maintenance of Lots and Backyard Areas.
(a) Except as provided in Paragraph (b) below, the Association shall be
responsible for the maintenance of and replacement of all lawns and landscaping installed as part
of the initial construction of any Townhome located on a Lot. Such maintenance shall consist of
mowing, fertilizing, watering, pruning, controlling disease and insects on an "As Is Needed"
basis, and performing any other activity necessary to keep such grounds in a condition that is
satisfactory to the Executive Board.
(b) The owner of each Lot shall be obligated to keep and maintain any portion
of the Backyard Area of such Lot which is enclosed within.a fence erected in accordance with
Section 3 of this Article IX in a neat, sanitary and attractive condition which is satisfactory to the
Executive Board. Such maintenance shall include, without limitation, cutting the grass, weeds
and other vegetation, removing dead trees, shrubs and other plants and pruning and otherwise
maintaining all plants, shrubbery, trees, flowers, bushes, grass, ivy and other foliage as may be
planted in and on such Backyard Area.
Section 3. " Fences. In the event that any fence erected on a Lot by the Declarant is in
a state of complete disrepair, the owner of every Lot shall have the right to re -erect in the
Backyard Area only of such Lot a fence to enclose all or any part of such Backyard Area of such
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Lot. Any such fence that shall be so erected shall contain a gate providing access into said
Backyard Area which shall not contain any lock or locking device. In no event shall the owner
of any Lot lock or otherwise secure said gate in such a way that it cannot be opened to permit
access into said Backyard Area.
It shall be the.duty of the Executive Board to maintain in effect a standardized design for
the fence that may be so emoted upon any Lot. In no event shall any fence be erected pursuant to
the provisions of this Section 3 unless the design of such fence shall conform to the standardized
design which shall be so maintained in effect by the Executive Board.
In the event that the owner of any °Lot shall elect to erect any such fence pursuant to the
provisions of this Section 3, the owner of such Lot shall be responsible for the repair,
maintenance and replaceznent of such fence.
Section 4. 1~ai1ure of Maintenance. In the event that the owner of any Lot shall fail to
maintain any portion of his Lot, including the Townhome that is located on such Lot and the
Backyard Area of such Lot, (including any fence that may have been erected in such Backyard
Area), all as required under the terms and provisions .of this Article VIII, the Executive Board
shall have the right, exercisable by it or through its agents or employees, and after giving the
owner of such Lot at Ieast five (S) days notice and an opportunity to correct the unsatisfactory
condition, to enter upon the Lot, and correct the unsatisfactory condition. The owner of the Lot
upon which such maintenance work is performed by the Association (or its agents or employees)
shall be personally liable to the Association for all direct and indirect costs as may be incurred by
the Association in connection with the performance of such maintenance work, and the Iiability
for such costs shall be secured by all of the liens, and shall be subject to the same means of
collection, as are the assessments and charges provided for in Article V ofthis Declaration. In
addition, all such costs shall be paid to the Association by such owner at the same time as the
next due annual assessment payment, as provided in Section 4 of Article V of this Declaration, or
at such earlier time, and in such installments, as the Executive Board shall determine.
ARTICLE X.
AMENDMENT
The terns, provisions, covenants and restrictions of this Declaration may be amended
upon the approval or written agreement of such amendment by (a) those members of the
Association who own in the aggregate, no -fewer than sixty-seven percent (67%) of the Lots
(including any Lots owned by the Declarant) and, (b) the Declarant, if the Declarant shall then
own any Lot or any other portion of the Enclave of the Beverly Crest Property. The approval of
any such amendment by the members of the Association shall be given by each such member
either casting a vote in favor of such amendment at a meeting of the members of the Association
duly called for such purpose, or by such member signing a written agreement for such.
amendment. If any such amendment is required to be approved by the Declarant, such approval
shall be given only by such Person executing a written approval of the same.
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Any amendment to the terms, provisions, Covenants or restrictions of this Declaration
' shall become effective only upon'the recording with the Register'of Deeds Records of
Mecklenburg County, North Carolina, of an instrument certified by the incumbent President•of
the Association setting forth such amendment and stating that the approval of the members of the
Association which, under the provisions of this Article X, is required for such amendment to be
effective, has been givenand obtained; and containing the written approval of the Declarant, if
the same is required (as hereinafter provided).
The matters set forth in such' instrument shall be presumed to be true and accurate and the
amendment which is set forth in such instrument shall be effective, unless it shall be determined
by a court of competent jurisdiction that the matters certified to in such instrument are not true
and accurate.
Each person who shall own any Lot, by acceptance of a deed or other conveyance
thereto, and by acceptance of such ownership, and by taking record title thereto, and each holder
of a Mortgage upon any portion of any .Lot; by acceptance of such Mortgage, thereby agrees that
the terms, provisions, covenants and restrictions of this Declaration may be amended as provided
in this Article X.
ARTICLE XI.
MISCELLANEOUS
. Section 1. FaiIure of Enforcement. In the event that the Association shall fail to
enforce the compliance with any of the provisions of this Declaration by the owner of any Lot,
then the owner of any other Lot shall have the right to file an action in a court of competent
jurisdiction for an order from such court requiring that the Association enforce such compliance;
provided, however, in no event shall the Executive Board; or any officer of the Association, or
any of their agents, be personally liable to anyone on account of their failure to enforce any of
the terms, provisions or restrictions set forth in this Declaration.
Section 2. Waivers. In no event shall the failure by the Association 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 teen, covenant, condition, provision or agreement shall not be deemed a waiver of such
breach, and no waiver by the Association of any term, covenant, condition, provision or
agreement shall be deemed to have been made unless expressed in writing and signed by a duly
authorized officer of the Association.
Section 3. Duration. This Declaration, and all of the terms, easements, provisions,
liens, charges, restrictions and covenants set forth herein, shall run with and bind the land (the
Lots), shall be and shall remain in effect, and shall inure to the benefit of, and be enforceable by,
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the Association, and by any owner of any Lot, their respective legal representatives, heirs,
successors and assign, perpetually:
Section h. Notices. Anynotice required to be sent to any member of the Association
pursuant to any provision of this Declaration may be served by depositing such notice in the
mails, postage prepaid,addressed to the member to whom it is intended, at the address which
such member shall have furnished to the Secretary of the Association in accordance with the
Bylaws, or, in the absenee'of any such address haying been so furnished to the Secrretaryof the
Association, at the address of any Lot owned by such member. The date of service shall be the
date of mailing.
• Section 5. 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.applicadon thereof to any person or to any properly shall be prohibited or held invalid,
sueh 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.
Section 6. Enforcement. Enforcement of these covenants and restrictions shall be by
any proceeding at law or in equity against any person or persons or other entities violating or
attempting to violate any covenant or restriction, either to restrain violation or to recover
damages, and against the Lots, to enforce any liens created by this Declaration.
Section 7. ' Successors to Declarant. In no event shall any person or other entity
succeeding to the interest of the Declarant by operation of law or through purchase of the
Declarant's interest in all or any portion of Enclave at Beverly Crest Property at foreclosure, sale
under power or by deed in lieu of foreclosure, be liable for any act, omission or matter occurring,
or arising from any act, omission ormatter occurring, prior to the date such successor succeeded
to the interest of the Declarant.
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IN WITNESS WHEREOF, Pulte Home Corporation and Enclave at Beverly Crest
Townhome Association, Inc. have'caused this Declaration to be executed by their duly
authorized officers on the day and year first above written.
PULTE HOME CORPORATION, a
Michigan corporation
By: NJ 5 .
Jon S. Hardy, Attorney-in-F
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, PQ.n,c,Qa.- iQ ter A , a Notary Public for said County and State, do hereby
certify that Jon S. Hardy, Attorney -in -Fact for Pulte Home Corporation, a Michigan corporation,
personally appeared before me this day and being by me duly sworn, says that he executed the
foregoing instrument for and in behalf of Pulte Home Corporation, a Michigan corporation, and
that his authority to execute and- acknowledge said instrument is contained in an instrument duly
executed, acknowledged and recorded in the Office of the Register of Deeds for Mecklenburg
County, North Carolina, in Book 18 f (p() , at Page35 , and that this instrument
was executed under and by virtue of the authority given by said instrument granting -him power
of attorney; that the said Jon S. Hardy acknowledge the due execution of the foregoing
instrument for the purposes therein expressed for and in behalf of the said Pulte Home
Corporation, a Michigan corporation.
WITNESS my hand and official seal this / / Y of re,braa.r, 2005.
( emirs
Notary Public (:)i
My Commission Expires: f f -/d - eRQD 7
(OFFICIAL SEAL/STAMP)
[SIGNATURE CONTINUED ON NEXT PAGE]
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(SIGNATURE CONTINUED FROM PREVIOUS PAGE
ENCLAVE AT BEVERLY CREST
TOW,NHH�OME ASSOCIATION; INC.
By: I�1rr,O OC.
ana L. Fowler, President
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, �LL,r,tL, (0 (Yl �ALJp a Notary Public for the above state.and county certify
that Dana L. Fowler, personally came bore me this day and acknowledged that she is the
President of ENCLAVE AT BEVERLY CREST TOWNHOME ASSOCIATION, INC., a North
Carolina non-profit corporation, and that she as President being authorized to do so, executed the
foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the fl- day of i 6 rr vtf _ , ZOOS,
Notary Public
My Commission Expires: %/--& 7
,(OFFICIAL SEALlSTAMP)
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138872.00009 24

EXIII$fT A
Legal Description
Lying and being in the City of Charlotte, Mecklenburg County, North Carolina and being
more particularly described as follows:
BEGINNING at a set nail in sidewalk in the northerly margin of the right of way of Beverly
Crest Boulevard, said set nail marking the southernmost corner of the Common Area tract to the
south of Lots 109, 108, 107, 106 and 105 as shown on map of Prescott Place II Map l recorded
in Map Book 28 at Page 425 in the Mecklenburg County Public Registry, and running thence
from said Beginning Point with the southeasterly margin of the aforesaid Common Area tract
shown on map of. Prescott Place II Map 1 North 61-42-51 East 455.64 feet to a set #5 rebar in the
southerly margin of that Master Association Common Area (23.195 acres) as shown on map of
Beverly Crest Common Area Map 2 recorded in Map Book 34 at Page 168 in the Mecklenburg
County Public Registry; thence with the southerly margin of the aforesaid Master Association
Common Area (23.195 acres), the following six (6) courses and distances: (1) North 61-44-46
East 41.72 feet' to a set nail in middle of bridge, (2) South 58-14-12 East 20.16 feet to a found #4
rebar, (3) South 76+09 21 East * 10.30 feet to a point, (4) North 59-57-59 East 189.95 feet to a
point, (5) North 61-43-57 East 45.52 feet to a set #5 rebar and (6) North 16-34-44 East 26.03 feet
to a found #4 rebar in the southern margin of that Common Area tract southeast of Lots 33, 34,
44, 45 and 46 as shown on map of Hawk Crest recorded in Map Book 26 at Page 623 in the
Mecklenburg County Public Registry; thence running with the southern margin of the aforesaid
Common. Area tract, the following two (2) courses and distances: (1) North 61-43.49 East 468.65
feet to a found #14 rebar and (2) North 50-42-45 East 171.26 feet to a found #4 rebar in the
southwesterly margin of the right of way of Hensey's Way; thence with the southwesterly
margin of the right of way of Hensey's Way, the following three (3) courses and distances: (1)
South 20-14-40 East 102.59 feet to a set #5 rebar, (2) with the are of a circular curve to the left
having a radius of 1,742.97 feet, a chord bearing and distance of South 29-03-53 East 94.02 feet
and an arc distance of 94.03 feet -to a nail set in sidewalk and (3) with the arc of a circular curve
to the right having &radius of 30.00 feet, a chord bearing and distance of South 09-34-10 West
38.71 feet and an arc distance of 42.07 feet to a set #5 rebut in the northerly margin of the right
of way of Beverly Crest Boulevard; thence with the northerly margin of the right of way of
Beverly Crest Boulevard, the following four (4) comes and distances: (1) with the arc of a
circular curve to the left having a radius of 545.79 feet, a chord bearing and distance of South 42-
28-29 West 138.11 feet and an arc distance of 138.48 feet to a set nail in sidewalk, (2) South 35-
12-21 West 395.82 feet to a set nail in sidewalk, (3) with the arc of a circular curve to the right
having a radius of 616.00 feet, a chord bearing and distance of South 82-35-39 West 906.70 feet
and an arc distance of 1,018.96 feet to a set nail in sidewalk and (4) North 50-01-04 West 99.85
feet to the Point and Place of BEGINNING and containing 11.193 acres, all as shown on survey
entitled "Boundary Survey of Beverly Crest - Parcel D 11.193 Acres Total" dated November 8,
1999 and last revised April 28, 2004 by David A. Weirich of ESP Associates, P.A. to which
survey reference is hereby made for a more particular description of the property.