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VARIANCE TO THE AGREEMENTS FOR RESTRICTIVE COVENANTS, RESTRICTIONS
<br />AND CONDITIONS FOR INDIA
<br />NHEAD SEVENTH SUBDIVISION .z57�/ • ca
<br />WHEREAS, the Agreements for Restrictive Covenants, Restrictions and Conditions for
<br />Indianhead Seventh Subdivision ( "Restrictive Covenants ") were filed with the Hall County
<br />Register of Deeds on January 10, 2003;
<br />WHEREAS, Section 2. of said Restrictive Covenants states, in pertinent part:
<br />No structure shall be erected, altered, placed or permitted to remain on any lot other than
<br />one dwelling, and a private garage for not less than two (2) nor more than three (3), for
<br />each private dwelling, and other secondary buildings incidental to the residential use of
<br />the plot;
<br />WHEREAS, Christine R. Stevens, Trustee of the Christine R. Stevens Revocable living
<br />Trust Agreement dated September 13, 2004, hereby requests the approval of a variance to said
<br />Restrictive Covenants in order to erect or build a private dwelling with two garages on Lots
<br />Forty -eight (48) and Forty -Nine (49), Indianhead Seventh (7) Subdivision in the City of Grand
<br />Island, Hall County, Nebraska. One garage shall be a two (2) car garage and the other garage
<br />shall be a tandem four (4) car garage.
<br />WHEREAS, Section 12, of said Restriction Covenants states, in pertinent part:
<br />Variance to these covenants may be allowed if the requested variance is approved in
<br />writing by the then owner /owners of a majority of the lots in this subdivision;
<br />W1IEREAS, since there are fifty -two (52) lots in Indianhead Seventh Subdivision, the
<br />owners of at least twenty -seven (27) lots in the Subdivision are needed to approve the requested
<br />variance of the Restrictive Covenants.
<br />NOW, THEREFORE, it is agreed as follows:
<br />1. Incorporation of Recitals. The recitals appearing hereinabove are hereby
<br />speel ically incorporated herein and made a binding part of this Agreement by this reference.
<br />2. Approval of Variance. The parties hereto, being the record owners of lots in
<br />Indianhead Seventh Subdivision, do hereby approve the above - referenced requested variance to
<br />the Restrictive Covenants,
<br />IN WITNESS WHEREOF, the parties hereto have executed this Variance to the
<br />Agreements for Restrictive Covenants, Restrictions and Conditions for Indianhead Seventh
<br />Subdivision on the dates noted hereinbelow.
<br />Dated:
<br />Owner of Record of Lots Eight (8),
<br />Ten (10), Eleven (11), Twelve (12),
<br />Thirteen (13), Fourteen (14), Fifteen (15),
<br />Sixteen (16), Eighteen (18), Nineteen (19),
<br />Twenty (20), Twenty -two (22), Twenty -
<br />three (23), Thirty -two (32), Thirty -six (36),
<br />Thirty -seven (37), Thirty -eight (38),
<br />and Forty -three (43),
<br />INDIANHEAD GOLF CLUB, L.L.C.,
<br />a Nebraska Limited Liability Company
<br />By:
<br />ack Henry, Personal Representative of
<br />the Estate of Virgil R. Eihusen,
<br />Deceased, Managing Member
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<br />VARIANCE TO THE AGREEMENTS FOR RESTRICTIVE COVENANTS, RESTRICTIONS
<br />AND CONDITIONS FOR INDIA
<br />NHEAD SEVENTH SUBDIVISION .z57�/ • ca
<br />WHEREAS, the Agreements for Restrictive Covenants, Restrictions and Conditions for
<br />Indianhead Seventh Subdivision ( "Restrictive Covenants ") were filed with the Hall County
<br />Register of Deeds on January 10, 2003;
<br />WHEREAS, Section 2. of said Restrictive Covenants states, in pertinent part:
<br />No structure shall be erected, altered, placed or permitted to remain on any lot other than
<br />one dwelling, and a private garage for not less than two (2) nor more than three (3), for
<br />each private dwelling, and other secondary buildings incidental to the residential use of
<br />the plot;
<br />WHEREAS, Christine R. Stevens, Trustee of the Christine R. Stevens Revocable living
<br />Trust Agreement dated September 13, 2004, hereby requests the approval of a variance to said
<br />Restrictive Covenants in order to erect or build a private dwelling with two garages on Lots
<br />Forty -eight (48) and Forty -Nine (49), Indianhead Seventh (7) Subdivision in the City of Grand
<br />Island, Hall County, Nebraska. One garage shall be a two (2) car garage and the other garage
<br />shall be a tandem four (4) car garage.
<br />WHEREAS, Section 12, of said Restriction Covenants states, in pertinent part:
<br />Variance to these covenants may be allowed if the requested variance is approved in
<br />writing by the then owner /owners of a majority of the lots in this subdivision;
<br />W1IEREAS, since there are fifty -two (52) lots in Indianhead Seventh Subdivision, the
<br />owners of at least twenty -seven (27) lots in the Subdivision are needed to approve the requested
<br />variance of the Restrictive Covenants.
<br />NOW, THEREFORE, it is agreed as follows:
<br />1. Incorporation of Recitals. The recitals appearing hereinabove are hereby
<br />speel ically incorporated herein and made a binding part of this Agreement by this reference.
<br />2. Approval of Variance. The parties hereto, being the record owners of lots in
<br />Indianhead Seventh Subdivision, do hereby approve the above - referenced requested variance to
<br />the Restrictive Covenants,
<br />IN WITNESS WHEREOF, the parties hereto have executed this Variance to the
<br />Agreements for Restrictive Covenants, Restrictions and Conditions for Indianhead Seventh
<br />Subdivision on the dates noted hereinbelow.
<br />Dated:
<br />Owner of Record of Lots Eight (8),
<br />Ten (10), Eleven (11), Twelve (12),
<br />Thirteen (13), Fourteen (14), Fifteen (15),
<br />Sixteen (16), Eighteen (18), Nineteen (19),
<br />Twenty (20), Twenty -two (22), Twenty -
<br />three (23), Thirty -two (32), Thirty -six (36),
<br />Thirty -seven (37), Thirty -eight (38),
<br />and Forty -three (43),
<br />INDIANHEAD GOLF CLUB, L.L.C.,
<br />a Nebraska Limited Liability Company
<br />By:
<br />ack Henry, Personal Representative of
<br />the Estate of Virgil R. Eihusen,
<br />Deceased, Managing Member
<br />
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