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.

WITNESSETH

WHEREAS, The Declarant is the owner of Lot 30, Section 2 of Thamesford Subdivision as recorded in Book of Maps 1989, page 827, Wake County Registry; and

WHEREAS, said property is subject to certain Declaration of Covenants as recorded in Book 4636, page 439, Wake County Registry, of which Declarant was also the Declarant thereof; (hereinafter referred to as "Declaration"); and

WHEREAS, Lot 30 is a corner lot and under Article IV of the Declaration, the dwelling on this Lot 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, said dwelling is now located 19.8 feet from each of two streets and is, therefore, in violation of said provision of the Declaration; and

WHEREAS, the Declarant obtained architectural approval of the location of the dwelling on the lot prior to the construction of said dwelling in accordance with Article XII of the Declaration; and

WHEREAS, Article VIII of the Declaration allows Declarant to waive violations not in excess of ten percent (10%) of the setback requirements.

THEREFORE, Declarant does hereby waive the setback requirements for Lot 30, Section 2, Thamesford Subdivision, as recorded in Book of Maps 1989, page 827 as follows:

1. That the front of the house is located 19.8 feet from the front street line and by this Instrument, the declarant grants a 0.2 foot variance in said front setback requirement in accordance with Article VIII of the Declarations. The location of the front of the dwelling on the lot in relation to the street right-of-way shall hereafter no longer be in violation of the Declaration.
2. That in accordance with Article IV of the Declaration, prior architectural approval was obtained in accordance with Article XII of the Declaration as evidenced by Exhibit A and Exhibit B attached hereto showing that prior approval was properly obtained to allow the dwelling to be located no closer than 19.46 feet from the side street right-of-way. The dwelling, which is actually located 19.8 feet from the sideline of the property and the street right-of-way, is in conformity with Article IV of the Declaration as a result of the prior architectural approval.

IN WITNESS WHEREOF, Viking Homes, Inc., has caused this instrument to be executed as of the day and year first above written.

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