Oxxford Hunt Covenants and Restrictions

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.

THIS WAIVER OF SETBACK VIOLATION, made and entered into this 18th day of March, 1991, by Oxxford Hunt Associates, a North Carolina Partnership, hereinafter called Declarant.

WITNESSETH:

WHEREAS, Declarant is the Declarant referred to in that certain Declaration of Covenants and Restrictions of the Oxxford Hunt Community Association and Oxxford Hunt dated the 10th day of October, 1985 and recorded in Book 3622, Page 332, Wake County Registry ("Master Declaration") and is also the Declarant referred to in those certain "Protective Covenants" for the "Swallow Hill Section" of Oxxford Hunt Planned Unit Development dated the 30th day of March, 1987 and recorded in Book 4040, Page 268, Wake County Registry ("Protective Covenants"); and

WHEREAS, said Master Declaration and said Protective Covenants provide for "Protective Covenants" for the subdivision known as "Swallow Hill"; and

WHEREAS, ARTICLE IV of said Protective Covenants recorded in Book 4040, Page 268, Wake County Registry provides for building/dwelling setback limitations as follows: From the front lot line of each lot: 25 feet; from the side lot lines of each lot: a minimum of 5 feet with a 15 foot aggregate; and if the lot is a corner lot: 20 feet from one street if the dwelling is at least 25 feet from the other street; and

WHEREAS, ARTICLE VIII of said Protective Covenants recorded in Book 4040, Page 268, Wake County Registry provides 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 ... in the Wake County Registry, such violations shall not thereafter be deemed existing."; and

WHEREAS, Central Builders, Inc. of Mebane, a North Carolina Corporation, hereinafter referred to as "Owner", is the present owner of the real property located at 106 Shaftsbury Court, Cary, Wake County, North Carolina 27513, together with the dwelling situated thereon (hereinafter referred to as the "Property"), said real property being more particularly described as follows:

Being all of Lot 42 according to map entitled "Section 4, Phase 2 (Lots 39-42, 48-51, 55-58, 61-69 & 82-86) SWALLOW HILLS SUBDIVISION, a portion of Oxxford Hunt P.U.D. by Oxxford Hunt Associates, Township: Cary, County: Wake, State: North Carolina, Zone: R30-P.U.D., Tax Map: 544, Parcel: 12", dated 3-20-89, prepared by Sherrill H. Styers, Land Surveyor and recorded in Book of Maps 1989, Page 314, Wake County Registry, as said map is revised by map entitled "FINAL PLAT, SECTIONS ONE THRU FOUR, PHASE TWO, SWALLOW HILLS SUBDIVISION", dated 12-06-90 by Sherrill H. Styers, Land Surveyor recorded in Book of Maps 1990, Page 1387, Wake County Registry; and

WHEREAS, according to the attached survey dated 2-25-91 entitled "Property of Fred B. Woods Janette D. Woods" by Runa A. Cooper and Co., P.A., marked Exhibit "A" and incorporated herein by reference, the dwelling presently situated on said real property is in violation of the side setback requirements established in the above-described Protective Covenants in that the dwelling is situated 4.57 feet from the southern side lot line and the minimum side setback per the Protective Covenants is 5 feet; and

WHEREAS, Owner has requested that Declarant waive the above-described violations of setback requirements for the Property and Declarant has agreed to waive said violations.

NOW, THEREFORE, Declarant hereby waives the side setback violation of described above and depicted on the attached Exhibit "A", to wit: the side setback violation of .43 feet, and Declarant hereby declares that the dwelling presently situated on the Property and as depicted on the attached Exhibit "A" shall hereafter be deemed to be in full compliance with the side setback requirements and that the above-described violation shall not hereafter be deemed to exist.

IN TESTIMONY WHEREOF, Oxxford Hunt Associates, a North Carolina Partnership (Declarant), by and through its General Partner has caused this instrument to be executed as of the day and year first above written.