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.

WITNESSETH that

WHEREAS, Lot Owners are the owners of Lot 68 of the subdivision as shown on a map entitled "Oxxford Hunt-P.U.D., Andover Subdivision, Cary Township, Wake County, North Carolina", dated 2-13-86, prepared by Triangle Engineering Services, Inc. and recorded in Book of Maps 1986, Page 709, and re-recorded in Book of Maps 1986, Page 1983, Wake County Registry, which lot is subject to the restrictive covenants recorded in Book 3583, Page 15, Wake County Registry; and

WHEREAS, Article IV of said restrictive covenants provides in part:

"Unless prior architectural approval is obtained pursuant to Article XII hereof, no dwelling shall be erected on any lot near to the front lot line than 35 feet, nor nearer to the side line than 10 feet;. . . ;" and

WHEREAS, Article VIII of said restrictive covenants provides in part:

"Declarant reserves the right to waive violations not in excess of 10% of the front and side street and side line setback requirements. Upon the execution and recordation of such waiver or waivers in Wake County Registry, such violations shall not thereafter be deemed existing."; and

WHEREAS, a building has been constructed on Lot 68, Phase II, Section 1 of Andover Subdivision, Oxxford Hunt, which encroaches into the 10 foot setback requirement on the side yard requirement on the eastern side of Lot 68, said building being located 9.5 feet from the eastern side lot line of Lot 68; and

WHEREAS, Declarant has agreed to waive the resulting violation inasmuch as the violation is less than 10% of the side yard requirement as provided in the above-mentioned restrictive covenants.

NOW THEREFORE, in consideration of the premises and the covenants contained herein, Declarant hereby agrees with Lot Owners, their heirs, successors and assigns, and all future owners of Lot 68, Phase II, Section 1, Andover Subdivision, Oxxford Hunt that the above-referred to violation is hereby waived and that the building located on said lot may remain in its present location. This waiver shall run with the land and inure to the benefit of the Lot Owners and all future purchasers of Lot 68, their successors and assigns.

IN TESTIMONY WHEREOF, Declarant and the Lot Owners have caused this instrument to be executed as of the day and year first above written.

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