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 VIOLATION OF RESTRICTIVE COVENANTS (hereinafter referred to as "Waiver") is made and entered into this 26th day of August, 1988, by and between Oxxford Hunt Associates, a North Carolina Partnership, hereinafter referred to as "Grantor" (and also known as "Declarant"), and Central Builders, Inc. of Mebane and P.M. Homes, Inc., hereinafter referred to as "Grantees";

WITNESSETH:

WHEREAS, Grantees are or will be the owner of the following described Lots in the Trafalgar Section of the Oxxford Hunt Planned Unit Development in Cary, North Carolina:

Lots Nos. 76, 77, 78 and 79 in Trafalgar Section, Oxxford Hunt Planned Unit Development, as shown upon a map recorded in the Wake County Registry in Map Book 1988, page 411(which map recombines lots shown on, and supercedes, a map recorded in the Wake County Registry in Map Book 1988, page 258), said map being incorporated by reference as if fully set out herein;

AND WHEREAS, the Property is subject to certain restrictive covenants (hereinafter referred to as the "Covenants") recorded in the Wake County Registry in Book 3981 page 256, having been made subject to said restrictive covenants by instrument recorded in the Wake County Registry in Book 4212, page 617.

AND WHEREAS, the Covenants establish in Article IV thereof a side line setback requirement that the distance between dwellings not be less than 15 feet;

AND WHEREAS, the dwellings that have been constructed on the above-described Lots are in violation of the requirement that there be 15 feet between dwellings;

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 violations do not exceed 10% of the applicable requirement;

NOW, THEREFORE, in consideration of the foregoing, and in the exercise of Grantor's discretion as reserved in the Covenants, Grantor hereby waives the above-described side line setback violations that have occurred in connection with the dwellings constructed on Lots Nos. 76, 77, 78 and 79 in Trafalgar Section in Oxxford Hunt Planned Unit Development, up to the maximum of 10% as allowed by said Covenants, such that the dwellings constructed on said Lots shall not be nearer than 13.5 feet to any dwelling constructed on any adjoining lot.

And this waiver shall be binding upon the successors and assigns of the Grantor, and it shall run with the above-described Lots and inure to the benefit of the Grantees and their successors in title.

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed through its partner, Westminster Company, by authority granted in an instrument recorded in the Wake County Registry in Book 4175, page 0923, the day and year first above written.