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DOCUMENTS &
FORMS
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.
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DECLARATION OF COVENANTS AND RESTRICTIONS
MELBOURNE SECTION
THIS DECLARATION, made this 29th day of April 1993, by Westminster Company, a North Carolina Partnership hereinafter called "Declarant".
WITNESSETH
WHEREAS, the Declarant is the owner of the real property described in Article I of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth; each and all of which is and are for the benefit of such property and for each owner thereof, and shall insure to the benefit of and pass and run with said property and each and every lot and parcel thereof, and shall apply to and bind the successors in interest and any owner thereof; and
WHEREAS, the property is subject to that certain Declaration of Covenants and Restriction of the Oxxford Hunt Community Association and Oxxford Hunt Associates.
NOW, THEREFORE, the Declarant hereby declares that the real property described in and referred to in Article I hereof is and shall be further held, transferred, sold and conveyed subject to the protective covenants set forth below.
The real property which is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth in the Articles of this Declaration is located in the County of Wake, State of North Carolina, and is more particularly described on Exhibit A attached hereto and by this reference made a part hereof.
No property other than that described above shall be deemed subject to the Declaration until specifically made subject hereof.
The Declarant may, from time to time, subject additional real property to the protective covenants and restrictions herein set forth by appropriate reference hereto.
The lots described in Article I hereof shall be known and described as residential lots. No building shall be erected, altered, placed or permitted to remain on any residential lot other than one detached single-family dwelling not to exceed two stories in height (exclusive of basement and attic) and a private garage for not more than two cars.
Unless prior architectural approval is obtained pursuant to Article XII hereof, all dwellings constructed on lots in this subdivision shall have an enclosed area of the main structure, exclusive of one-story open porches and garages, of at least 1600 square feet for a dwelling without a garage, of at least 1500 square feet for a dwelling with a one-car garage and of at least 1400 square feet for a dwelling with a two-car garage.
Unless prior architectural approval is obtained pursuant to Article XII hereof, no dwelling shall be erected on any lot nearer to the front lot line than 20 feet, nor nearer to the side line than 5 feet provided that the aggregate of the side yards is not less than 15 feet and the disatnce between dwellings is not less than 15 feet; provided, however, that on corner lots the dwelling may face either street and may be located not nearer than 15 feet to one street if the same is at least 20 feet from the other street. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of the dwelling, provided however, that this shall not be construed to permit any portion of a dwelling on a lot to encroach upon another lot.
No dwelling shall be erected or placed on any lot having a width less than 35 feet at the minimum building setback line; nor shall any dwelling be erected or placed on any lot having an area less than 8,000 square feet, except that a dwelling may be erected or placed on all lots as shown on said recorded plat, regardless of width at the minimum building setback line or area in square feet.
No noxious or offensive trade or activity shall be carried upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No trade materials or inventories may be stored upon the premises and no trucks, tractors, or inoperable automobiles may be stored or regularly parked on the premises. No business activity or trade of any kind whatsoever, which shall include but not be limited to the use of any residence as a doctor's office or professional office of any kind, a fraternity house, a rooming house, a boarding house, an antique shop or gift shop, shall be carried on upon any lot. Except with the prior approval of Declarant or the Architectural Committee, no communication tower, television tower or satellite disc shall be erected or placed upon any lot.
No trailer, recreational vehicles, boats, tent, shack, or barn shall be erected or placed on any lot covered by these covenants. A storage shed may be permitted at the rear of each lot upon approval of the Architectural Committee after the plans and specifications or a photograph and a plot plan showing the proposed location have been submitted for approval.
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 of waivers in the Wake County Registry, such violations shall not thereafter be deemed existing.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not bred or maintained for any commercial purpose.
No lot or portion thereof shall be dedicated or used for a public street without the written consent of the Declarant, its successors or assigns.
No hedge or screen planting shall be erected or permitted to remain on any lot closer to the front lot line than the front of the dwelling erected on said lot.
ARCHITECTURAL APPROVAL. No building, fence, wall or other structure shall be erected, placed, or altered on any premises in said development until the provisions of Article VII of the Declaration of Covenants and Restrictions of the Oxxford Hunt Community Association and Oxxford Hunt Associates have been complied with.
Enforcement of these covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in full or in part.
Declarant reserves the right to subject said property to a contract with Carolina Power and Light Company for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to Carolina Power and Light Company by the Owner of each lot.
IN TESTIMONY WHEREOF, Westminster Company has caused this instrument to be executed in its corporate name by its Vice President, attested by its Assistant Secretary, and its corporate seal to be hereto affixed, all by order of its Board of Directors duly given as of the day and year first above written.
Tract #1:
Being all of Lots 1, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 according to plat entitled "Melbourne, Phase 1, Section 1, Township: Cary, County: Wake, North Carolina", dated 1/4/92, and prepared by Kenneth Close, Inc., Land Surveying and recorded in Book of Maps 1993, Page 413 and re-recorded in Book of Maps 1993, Page 518, Wake County Registry, North Carolina.
Being all of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 according to plat entitled "Melbourne, Phase 1, Section II, Township: Cary, County: Wake, North Carolina", dated 1/4/92, prepared by Kenneth Close, Inc., Land Surveying and recorded in Book of Maps 1993, Page 414, Wake County Registry, North Carolina.
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