Oxxford Hunt Covenants and Restrictions

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 RESTRICTIVE COVENANTS (hereinafter referred to as "Waiver") is made and entered into this 12th day of January, 1988, by and between Oxxford Hunt Associates, a North Carolina Partnership, hereinafter referred to as "Grantor", and W. Tony Comer and wife, Kate H. Comer, hereinafter referred to as "Grantee";

WITNESSETH:

WHEREAS, Grantor was/is the owner of the following described real property in the Oxxford Hunt Planned Unit Development in Cary, North Carolina (hereinafter referred to as the "Property");

Lot no. 52, Trafalgar Subdivision, Oxxford Hunt Planned Unit Development, as shown upon a map recorded in the Wake County Registry in Book of Maps 1987, Page 1654.

AND WHEREAS, the Property is subject to certain restrictive covenants (hereinafter referred to as the "Covenants") recorded in the Wake County Registry in Book 4119, Page 716;

AND WHEREAS, the Covenants establish certain front and side lot line and side street setback requirements such that no dwellings constructed on lots subject to the Covenants can be placed closer to the front and said lot lines than the minimum distances specified therein;

AND WHEREAS, the dwelling that has been constructed on the above-described real property is in violation of such setback requirements as follows:

The restrictive covenants require a minimum front setback of 25 feet. The front of the dwelling is only 23.6 feet from the front boundary of the Property, as shown on a survey map by Michael Baker III, Associates attached hereto as Exhibit A.

AND WHEREAS, the Covenants provide that the Grantor may waive violations not in excess of 10% of the front and side street and side line setback requirements, and the foregoing violation does not exceed 10% of the applicable requirement;

NOW, THEREFORE, in consideration of the foregoing, and in the exercise of Grantor's discretion, Grantor hereby waives the above-described setback violation that has occurred in connection with the dwelling constructed on the Property. And this waiver shall be binding upon the successors and assigns of the Grantor, and it shall run with the above-described property and inure to the benefit of the Grantee and Grantee's heirs, successors and assigns.

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed, the day and year first above written.