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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.

WAIVER OF REAR SETBACK LINE

WHEREAS, the record plat for SWALLOW HILLS SUBDIVISION, Section 3, Phase 2, as recorded in Book of Maps 1988 at Page 1588 (hereinafter the "Plat"), states that the rear setback for each lot shown on the Plat is 20 feet;

WHEREAS, as shown on the survey prepared by Fulton & Associates attached hereto and incorporated herein by reference (hereinafter the "Survey"), the dwelling on Lot 47 of SWALLOW HILLS was inadvertantly constructed closer than 20 feet to the rear property line;

WHEREAS, pursuant to Article XII of the protective covenants for SWALLOW HILLS Section of OXXFORD HUNT (as same are recorded in Book 4040 at Page 268 in the Wake County Registry, made applicable to Lot 47 by instrument recorded in Book 4383 at Page 817 in the Wake County Registry) and to Article VII of the Declaration of Covenants Conditions and Restrictions Of The Oxxford Hunt Community Association and Oxxford Hunt Associates, A North Carolina Partnership (as same are recorded in Book 3622 at Page 332 in the Wake County Registry), the Architectural Review Board of the Oxxford Hunt Community Association has approved the location of the dwelling on Lot 47 outside of the rear setback established on the Plat and desires to signify such approval by execution of this Wavier Of Rear Setback Line;

WHEREAS, as shown on the Survey, the Town of Cary has approved a variance from the rear setback line for said Lot 47;

WHEREAS, Oxxford Hunt Associates, as the Declarant, desires to signify its consent to this waiver by executing same;

NOW, THEREFORE, for valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Architectural Review Board of The Oxxford Hunt Community Association hereby waives the 20-foot rear setback requirement shown on the Plat as same applies to Lot 47 of SWALLOW HILLS Section of OXXFORD HUNT (Book of Maps 1988, Page 1588), so as to permit the dwelling thereon to remain 14.61 feet from the rear property line as shown on the Survey, and Oxxford Hunt Associates hereby consents to such Waiver.

IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed as of the 12th day of May, 1989.

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