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DOCUMENTS & FORMS 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. |
  |   |   THIS WAIVER OF PROTECTIVE COVENANTS executed this 16 day of March, 1989, by OXXFORD HUNT ASSOCIATES, a North Carolina Partnership, hereinafter referred to as "Declarant". WITNESSETH:THAT WHEREAS, FLOYD G. COOK and wife, PATRICIA H. COOK 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 44 according to map entitled "Oxxford Hunt-P.U.D., Trafalgar Subdivision, Cary Township, Wake County, North Carolina, Phase I, Section Two, Lots: 44-49, 51, 52 & 60," dated 5/13/87, revised 5/19/87, 9/2/87 and 9/28/87, prepared by Triangle Engineering Services, Inc. and recorded in Book of Maps 1987, Page 1654, Wake County Registry, North Carolina. AND, WHEREAS the residence located on said lot is located 24.0 feet from the front property line of said lot; AND, WHEREAS, the location of said residence would be in violation of the clearances established by Article V of the Protective Covenants recorded in Book 3981, Page 256 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 nearer to the front line than 25 feet... 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 44 from complying with the front setback requirement of 25 feet; NOW, THEREFORE, Declarant does hereby approve the location of said residence a distance of 24.0 feet from the front lot line of said Lot 44, Oxxford Hunt P.U.D., Trafalgar Subdivision, Phase I, Section Two, as shown on survey dated 2/10/89, prepared by Michael Baker, III, Assoc., Inc., entitled "Property of Patricia H. and Floyd G. Cook", 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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Copyright © 2002 Oxxford Hunt Community Association Inc., Cary, NC. All rights reserved. |
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