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.

WHEREAS, Robert W. Haller is the owner of Lot 81 Trafalgar Subdivision, Section II, Phase II according to Book of Maps, 1988, Page 411, Wake County Registry; and

WHEREAS, Daniel G. Shephard and Wife Melissa J. Shephard are the owners of Lot 79 Trafalgar Subdivision, Section II, Phase II according to Book of Maps 1988, Page 411, Wake County Registry; and

WHEREAS, P. J. Smith Construction Company Inc. is the owner of Lot 80 Trafalgar Subdivision, Section II, Phase II according to Book of Maps, 1988, Page 411, Wake County Registry; and

WHEREAS, there are certain restrictive covenants recorded in Book 3981, Page 256, Wake County Registry; which provide, pursuant to Article IV that no dwelling shall be erected on an lot nearer to the front lot line than 25 feet; and

WHEREAS, the residence constructed on Lot 80 by P. J. Smith Construction Company, Inc. is 21.1 feet from the front lot line; and

WHEREAS, all parties hereto have agreed to waive their right of enforcement of a violation of the Restrictive Covenants as pertains to the front setback on Lot 80;

Now, THEREFORE, in consideration of the sum of $1.00 paid to Robert W. Haller, Daniel G. Shephard and Melissa J. Shephard, by P. J. Smith Construction Company Inc., the adequacy and receipt of which are acknowledged, the parties hereby agree as follows:

1. That they hereby for themselves, their heirs, successors and assigns irrevocably waive their right of enforcement of the Restrictive Covenants violation of the Protective Covenants recorded in Book 3981, Page 256, Wake County Registry.
2. The parties hereby acknowledge, consent and agree to the location of the dwelling being located on lot 80, Trafalgar Subdivision, Section II, Phase II, according to Book of Maps 1988, Page 411, Wake County Registry, being located 21.1 feet from the front lot line and acknowledge that they will not take any action against P. J. Smith Construction Company Inc., its heirs successors, or assigns to remove or require modification of the dwelling to cure the setback violation as described herein.
3. This declaration of waiver shall inure to the benefit of P. J. Smith Construction Company Inc., its heirs, successors, or assigns, and shall run with the land. It shall be binding upon all parties hereto, their heirs, successors and assigns and shall be recorded at the Wake County Registry.

This the 26th day of September, 1992.

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