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.

WHEREAS, Oxxford Hunt Associates, a North Carolina Partnership, was the developer of the lots included in Andover Subdivision, Phase 2, Section 2, a part of Oxxford Hunt P.U.D., as shown on plat recorded in Book of Maps 1986, Page 521, Wake County Register of Deeds, which lots are subject to the restrictive covenants recorded in Book 3583, Page 15, Wake County Registry, as amended in Book 3659, page 771, Wake County Registry; and

WHEREAS, Article IV of said covenants provides in part that "Declarant reserves the right to waive violations not in excess of 10% of ...the side line setback requirements" and that "(u)pon the execution and recordation of such waiver...in the Wake County Registry, such violations shall not thereafter be deemed existing"; and

WHEREAS, the Association is the successor in interest to Oxxford Hunt Associates with respect to the enforcement of the covenants and the granting of waivers of minor violations of setback requirements of said covenants; and

WHEREAS, according to the 9/27/1999 survey of Lot 23, Andover, Phase 2, Section 2, Oxxford Hunt P.U.D. prepared by Sean P. Hein, a copy of which is attached hereto as Exhibit A, the front left corner of the dwelling erected upon said lot is 9.80 feet from the common side lot line with Lot 22, Andover, Phase 2, Section 2, rather than the 10.00 feet as required by the covenants;

WHEREAS, the aforesaid violation of the covenants' setback requirements is a minor, waivable violation as defined by said covenants; and

WHEREAS, Owner has requested that the Association execute a waiver of said violation and the Association has agreed to do so.

NOW THEREFORE, in consideration of the premises and the covenants herein contained, Oxxford Hunt Community Association, Inc. hereby agrees with owner and all subsequent owners of said Lot 23, Andover, Phase 2, Section 2 that the violation referred to hereinabove is hereby fully and unconditionally waived and that the dwelling located on said lot may hereafter remain in its existing location.

IN WITNESS WHEREOF Oxxford Hunt Community Association, Inc. has caused this instrument to be executed in its corporate name and sealed with its corporate seal, the day and year first above written.

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