Oxxford Hunt Covenants and Restrictions

DOCUMENTS &
FORMS

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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 1st day of March, 1990, by OXXFORD HUNT ASSOCIATES, a North Carolina Partnership, hereinafter referred to as "Declarant" and "Partnership" and JOHN ROTINO and wife, ROSALIA ROTINO, of Wake County, North Carolina, hereinafter referred to as "Rotinos" and KENNETH L. LEE and wife, PAMELA M. LEE of Wake County, North Carolina, hereinafter referred to as "LEES" all;

THAT WHEREAS, JOHN H. LOCKE and wife, TARA O. LOCKE 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 79, Section 2, Phase 2, Swallow Hills Subdivision, Oxxford Hunt P.U.D. as shown on map recorded in Book of Maps 1988, Page 1502, Wake County Registry, North Carolina.

AND, WHEREAS the residence located on said Lot 79 is 8.64 feet from adjoining Lot 78 and 5.21 feet from adjoining Lot 80;

AND, WHEREAS, Lees are the owners of said Lot 78, and Rotinos are the owners of said Lot 80;

AND, WHEREAS the location of said residence on Lot 79 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 provides in part:

"Unless prior architectural approval is obtained pursuant to Article XII hereof, no dwelling shall be erected on any lot . . . nearer to the side line than 5 feet provided that the aggregate of the side yards is not less than 15 feet . . . "

AND, WHEREAS by execution of this instrument Declarant, Partnership, Rotinos and Lees agree and consent to the location of the residence on said Lot 79 from complying with the side setback requirement of an aggregate not less than 15 feet.

NOW, THEREFORE, Declarant, Partnership, Rotinos and Lees do hereby approve the location of said residence on Lot 79 as is more specifically shown on survey dated March 23, 1990, prepared by DSA Group of N.C., Inc. attached hereto as Exhibit A and incorporated by reference herein.

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

IN WITNESS WHEREOF, Declarant and Partnership has caused this Waiver to be signed in its name by its General Partner, Westminister Company, and Rotinos and Lees have caused this Waiver to be executed, the day and year first above written.