Disclaimer:

This document is made available solely for general informational purposes. The Oxxford Hunt Community Association makes no representations or warranties as to the accuracy of this information or its legal significance. The information furnished through this medium should not be construed as a certified copy. In situations in which the accuracy and reliability of the information contained in these records is of paramount importance, the user is cautioned not to rely on information made available through this medium, but instead to obtain copies of the record certified as true and correct by the Oxxford Hunt Community Association or its management company, Omega Management, Incorporated.

THIS WAIVER OF PROTECTIVE COVENANTS executed this 21st day of October, 1992, by OXXFORD HUNT ASSOCIATES, a North Carolina Partnership, hereinafter referred to as "Declarant".

WITNESSETH:

THAT WHEREAS, James D. Whittaker and wife, Dianna S. Whittaker are the owners of a lot located in the Township of Cary, County of Wake, State of North Carolina, and more particularly described as follows:

Being all of Lot 171, Section Two, according to plat entitled "Oxxford Hunt - P.U.D., Andover Subdivision, White Oak & Cary Townships, Wake County, North Carolina, Phase One, Section Two", dated 5/17/85 prepared by Triangle Engineering Services, Inc. and recorded in Book of Maps 1985, Page 875,Wake County Registry.

AND WHEREAS, the residence located on said lot is located 18.23 feet from the right of way line of Trapper's Run Drive;

AND WHEREAS, the residence located on said lot is located 38.48 feet from the right of way line of Norham Drive;

AND WHEREAS, the location of said residence would be in violation of the clearances established by Article IV of the protective covenants recorded in Book 3583, Page 15 Wake County Registry, and amended in Book 3659, Page 771, Wake County Registry, which provide in part:

AND WHEREAS, Article VIII of said Protective Covenants further provides in part:

AND WHEREAS, by execution of this instrument Declarant hereby agrees and consents to the location of the residence on said Lot 171 from complying with the setback requirements of 20 feet from the street when the same is at least 30 feet from the other street;

NOW THEREFORE, Declarant does hereby approve the location of said residence a distance of 18.23 feet from the front right of way line of Trapper's Run Drive, as shown on survey dated 1/14/92, prepared by Leonard H. Sullivan, Jr., entitled "Property of: James D. Whittaker and Dianna S. Whittaker", attached hereto as Exhibit "A"; and

FURTHER, Declarant, for itself, its successors and assigns forever does hereby waive the violation of the Protective Covenants as hereinabove described, and does hereby declare that upon the recordation of this Waiver, the violation heretofore existing shall be irrevocably deemed nonexistent for all purposes, forever.

IN WITNESS WHEREOF, Declarant has caused this Waiver to be signed in its name by its General Partner, Westminster Company, the day and year first above written.

Copyright © 2002 Oxxford Hunt Community Association Inc., Cary, NC. All rights reserved.