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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 PROTECTIVE COVENANTS executed this 21st day of September, 1990, by OXXFORD HUNT ASSOCIATES, a North Carolina Partnership, hereinafter referred to as "Declarant".

WITNESSETH:

THAT WHEREAS, DAVID WAYNE HITCHINGS and wife, GAYLA LINDSAY HITCHINGS are the owners of a lot located in the Township of Cary, County of Wake, State of North Carolina, and more particularly described as follows:

Being all of Lot 45 according to map entitled "Final Plat: Section One, Phase II, Swallow Hills Subdivision, a portion of Oxxford Hunt P.U.D. by Oxxford Hunt Associates, Township: Cary, County: Wake, State: North Carolina" dated 06-07-88, prepared by Sherril H. Styers, Land Surveyor, and recorded in Book of Maps 1988, Page 852, Wake County Registry.

AND, WHEREAS the foundation located on said corner lot is located 21.6 feet from one street and 19.1 feet from the other street;

AND, WHEREAS, the location of said residence would be in violation of the clearances established by Article IV of the Protective Covenants recorded in Book 4040, Page 268, Wake County Registry, which provide in part:

Unless prior architectural approval is obtained pursuant to Article XII hereof, no dwelling shall be erected on any lot...provided however, that on corner lots the dwelling may face either street and may be located not nearer than 20 feet to one street if the same is at least 25 feet from the other street...

AND, WHEREAS Article VIII of said Protective 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 execution and recordation of such waiver or waivers in the Wake County Registry, such violations shall not thereafter be deemed existing.

AND, WHEREAS by execution of this instrument Declarant, hereby agrees and consents to the location of the residence on said Lot 45 from complying with the corner lots requirement of not nearer than 20 feet to one street if the same is at least 25 feet from the other street;

NOW, THEREFORE, Declarant does hereby approve the location of said residence located on said corner lot a distance of 21.6 feet from one street and 19.1 feet from the other street as shown on survey, attached hereto as Exhibit "A"; and

FURTHER, Declarant, for itself, its successors and assigns forever does hereby waive the violation of the Protective Covenants as hereinabove described, and does hereby declare that upon recordation of this Waiver, the violation heretofore existing shall be irrevocably deemed non-existant for all purposes, forever.

IN WITNESS WHEREOF, Declarant has caused this Waiver to be signed in its name by its General Partner, Westminster Company, the day and year first above written.


 
 
 
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