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 DECLARATION OF WAIVER, made this 12th day of February, 1986, by and between OXXFORD HUNT ASSOCIATES, a North Carolina Partnership with its principal office in Wake County, North Carolina, and RYAN HOMES, INC. of Wake County, North Carolina:

WITNESSETH: That

WHEREAS, Oxxford Hunt Associates is the developer of lots shown on map entitled "Oxxford Hunt-P.U.D., Ashcroft Subdivision, Cary Township, Wake County, North Carolina", dated June 20, 1985, prepared by Triangle Engineering Services, Inc. and recorded in Book of Maps 1985, Page 1199, Wake County Registry which lots are subject to restrictive covenants recorded in Book 3583, Page 15, Wake County Registry;

WHEREAS, Article IV of said restrictive covenants provides in part that "no dwelling shall be erected on any lot nearer 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 that "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 the Wake County Registry . . ."; and

WHEREAS, a dwelling has been constructed on Lot 7, Ashcroft Subdivision recorded in Book of Maps 1985, Page 1199, Wake County Registry 34.8 feet from the front lot line; and

AND WHEREAS, Oxxford Hunt Associates has agreed to waive the resulting violation of said restrictive covenants.

NOW THEREFORE, in consideration of the premises and the covenants herein contained, Oxxford Hunt Associates hereby agrees with all subsequent owners of Lot 7 that the above referred to violation is hereby waived and that the dwelling located on said lot may remain in its present location.

IN TESTIMONY WHEREOF, OXXFORD HUNT ASSOCIATES has caused this instrument to be signed in its partnership name by its Partners, the day and year first above written.

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