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, Spaminato owns Lot 70, Trafalgar Subdivision, Phase II, Section One, as shown on the plat recorded at Book of Maps 1988, Page 19, Wake County Registry; and

WHEREAS, Worsham owns Lot 72, Trafalgar Subdivision, Phase II, Section One, as shown on the plat recorded at Book of Maps 1988, Page 19, Wake County Registry; and

WHEREAS, the Plat was recorded inadvertantly showing a rear setback requirement of twenty (20) feet, although the restrictive covenants applicable to the Trafalgar Subdivision, including this phase and section of Trafalgar Subdivision, do not contain a rear setback, and the zoning ordinance of the City of Cary does not require a rear setback for the property in this subdivision; and

WHEREAS, M/I desires to build a house (hereinafter the "House") on Lot 71, Trafalgar Subdivision, Phase II, Section One, as shown on the plat recorded at Book of Maps 1988, Page 19, Wake County Registry (hereinafter the "Property"), closer to the rear property line than tewenty (20) feet; and

WHEREAS, Investors will not issue title insurance insuring title to the House and Property unless the property owners adjacent to the Property release their right, if any, to enforce the rear setback requirement which appears on the Plat; and

WHEREAS, Spaminato and Worsham have agreed to waive and release, for themselves, their successors and assigns, any right they may have to enforce the rear setback requirement which appears on the Plat;

NOW, THEREFORE, for Ten dollars and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged by all parties to this Agreement, Spaminato and Worsham, for themselves, their successors and their assigns, hereby waive and release any and all right they may have to enforce the rear setback requirement which appears on the Plat, so as to permit M/I to construct the House on the Property and to permit Investors to issue title insurance insuring title to the House and Property.

IN WITNESS WHEREOF, the undersigned have caused these presents to be executed and sealed this 19th day of September, 1990.

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