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.

WHEREAS, Anderson Homes, Inc. presently is the owner of the real property hereinafter described, which was conveyed to it by Oxxford Hunt Associates, a North Carolina Partnership, by deed dated July 9, 1992 and recorded in Book 5264, Page 504, Wake County Registry; and

WHEREAS, said real property is subject to protective covenants recorded in Book 4040, Page 268, Wake County Registry, which protective covenants provide, among other things, the following: "Unless prior approval is obtained pursuant to Article XII hereof, no dwelling shall be erected on any lot nearer to the front lot line than 25 feet . . ."; and Oxxford Hunt Associates "reserves the right to waive violations not in excess of 10% of the front and side street and side line setback requirements."; and

WHEREAS, Anderson Homes, Inc. has built a single family residential building on the property hereinafter described, which building is located 22.95 feet from the front lot line; and

WHEREAS, Anderson Homes, Inc. has requested Oxxford Hunt Associates to waive the violation of the setback requirement set forth in the protective covenants referred to above, and Oxxford Hunt Associates executes this document for that purpose.

NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, Oxxford Hunt Associates hereby waives the violation of the protective covenants recorded in Book 4040, Page 268, Wake County Registry that occurred by reason of a dwelling being located nearer than 25 feet to the front lot line on the following described property:

Being all of Lot 54 according to plat entitled "Final Plat, Sections One Thru Four, Phase Two, Swallow Hills Subdivision, a portion of Oxxford Hunt P.U.D. by Oxxford Hunt Associates, Cary Township, Wake County, North Carolina", dated 12/6/90, prepared by Sherrill H. Styers, Land Surveyor and recorded in Book of Maps 1990, Page 1387 Wake County Registry.

TO HAVE AND TO HOLD, the aforesaid lands and premises thereunto with all privileges and appurtenances thereto belonging to it the said Anderson Homes, Inc, its successors and assigns, free and discharged from the violation of the protective covenants recorded in Book 4040, Page 268, Wake County Registry, that occurred by reason of the dwelling located on said lot being nearer than 25 feet from the front lot line.

IN WITNESS WHEREOF, Oxxford Hunt Associates, a North Carolina Partnership, has caused this instrument to be signed in its name by its authorized partner on the day and year first above written.

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