REINSCH, SLATTERY, BEAR, MINAHAN & PRICKETT, PC, LLO
545 Main Street
Plattsmouth, Nebraska
NOTICE
TO: THE PROPERTY OWNERS OF THE BEAVER LAKE ASSOCIATION SUBDIVISION LOCATED IN CASS COUNTY NEBRASKA AND ALL OTHER INTERESTED PARTIES
BE ADVISED:
- That The Beaver Lake Association, a Nebraska Not-For-Profit Corporation, is the body empowered, authorized and obligated to exercise rights, privileges, duties and obligations as set out in the original Covenants and Restrictions of the Beaver Lake Subdivision, filed in the Cass County Register of Deeds.
- That the original Covenants and Restrictions authorize and empower the Beaver Lake Association the power to amend said Covenants and Restrictions.
- That the Board of Directors of the Beaver Lake Subdivision propose Amending the Covenants and Restrictions applicable to the real property located within said subdivision. The proposed Covenant and Restriction amendments are set forth below.
- That said proposed amendments shall be approved by the Board of Directors of the Beaver Lake Association, recorded with the Cass County, Nebraska Register of Deeds, and become binding upon the applicable lot owners unless the Board of Directors of the Beaver Lake Subdivision receive objection to the proposed amendments, in writing, signed by more than twenty percent of the lot owners on record, within 30 days after the first publication of this Notice.
- These covenant amendments shall be published for 3 weeks on the Beaver Lake Website at beaverlakene.org and also a public newspaper known as The Voice News of southeast Nebraska.
PROPOSED AMENDMENTS:
Section I Covenants, Residential, Restrictions
- Lots designated as Access Lot 1, Access Lot 2, Access Lot 3, Access Lot 4, Access Lot 5, Access Lot 6, Access Lot 7, Access Lot 8A, Access Lot 8B, Access Lot 9, Access Lot 10, Access Lot 11, Access Lot 12, Access Lot 13, Access Lot 14, Access Lot 15, Access Lot 16, Access Lot 17, Access Lot 18, Reserve Lot 1(Clubhouse area), Reserve Lot 3, Reserve Lot 6, Reserve Lot 10, Reserve Lot 12, Block C, Block F, Special usage Lot 1 (Lots 2100 & 2101 boat ramp area), Special usage Lot 7, Special usage Lot 10 (Nature Preserve) are for the exclusive use of the members, who are in good standing , of the Beaver Lake Association for recreational and lake access purposes. Recreation and lake access purposes include, but are not limited to, green spaces, beaches, playgrounds, campgrounds, parks, docks, and such other uses as determined by the Board of Directors of the Beaver Lake Association. Said access lots 1 – 18, Reserve Lots 1;3;6;10;12, Blocks C; F, Special usage Lots 1;7;10 may not be sold without the majority vote of all regular members of Beaver Lake who cast a ballot in a general or special meeting or election.
Section I Covenants, Residential, Restrictions
- Lots adjacent to the lake are bounded on the lakeside by the contour line that is 1050 feet above sea level. All riparian rights or rights to use the lake are expressly reserved to Seller. Use of the lake shall be subject to the rules and regulations of the Beaver Lake Association. The use of the lake is a privilege to which the purchaser shall be entitled only by obtaining and maintaining membership in the Association in good standing and in current compliance by the purchaser with all covenants, rules, and regulations of the Association. No rights to the use of the lake, any other facilities of the subdivision, or other privileges of membership shall be divested from any lot owner by conveyance, lease, or assignment of only said privileges. Notwithstanding anything to the contrary herein, nothing in this section shall operate to preclude the leasing of residential lots and all associated property rights. Nothing herein contained shall prohibit any lot owner’s rights of ingress and egress over the roads to his lot.
Section I Covenants, Commercial, 1st two sentences
The undersigned, Beaver Lake Association, being the owner of the following described real estate situated in Cass County, Nebraska, to-wit:
Those lots contained within Plats XXI and XXIV, excluding Community area 16, Community area 17, Special usage lot 5, Block F, Block G, and lot 2800 in Beaver Lake Subdivision as surveyed, platted and recorded.
Section 1 Covenants, Commercial, Restrictions
- The lots in Plat XXI and XXIV of the Beaver Lake Subdivision are designated for use for business, commercial, or residential purposes. No purchaser may subdivide a business, commercial or residential lot within Plat XXI or XXIV of the Beaver Lake Subdivision, without advance written approval of the Seller. The Board of Directors of the Beaver Lake Association may promulgate rules and regulations governing the criteria upon which requests to subdivide said lots maybe determined, however, notwithstanding said rules and regulations, the Board of Directors of the Beaver Lake Association shall have the discretion to approve or reject requests to subdivide any business, commercial, or residential lot located in Plat XXI and XXIV of the Beaver Lake Subdivision. Residential or living space which is part of any commercial building may be permitted at the option of, and subject to written approval of Seller.
- Use of the lake shall be subject to the rules and regulations of the Beaver Lake Association. The use of the lake is a privilege to which the purchaser shall be entitled only by obtaining and maintaining membership in the Association in good standing and in current compliance by the purchaser with all covenants, rules, and regulations of the Association. No rights to the use of the lake, any other facilities of the subdivision, or other privileges of membership shall be divested from any lot owner by conveyance, lease, or assignment of only said privileges. Notwithstanding anything to the contrary herein, nothing in this section shall operate to preclude the leasing of commercial lots and all associated property rights. Nothing herein contained shall prohibit any lot owner’s rights of ingress and egress over the roads to his lot.
Section 1 Covenants, Equestrian, Restrictions
- All riparian rights or rights to use the lake are expressly reserved to Beaver Lake Association. The use of the lake is a privilege to which the purchaser shall be entitled only by obtaining and maintaining membership in the Association in good standing. No rights to the use of the lake or any other facilities of the subdivision shall be transferred by conveyance of any lot except that nothing herein contained shall prohibit any lot owner’s right of ingress and egress over the roads to his lot.
- Equestrian lots E-1 through E-6 Beaver Lake Subdivision, shall be used exclusively for residential purposes and may not be subdivided for any purpose. Permitted structures are: (a) One single family dwelling containing not less than 1156 square feet, the plans for which shall be approved by Beaver Lake Association under rules and regulations in effect at the time of the request for a building permit; (b) An accessory/stable building(s) shall meet the requirements as stated in Section III, subsection M of the building codes and is subject to the approval of Beaver Lake Association on plans submitted prior to the commencement of construction.
- Three equine per lot is permitted. No equine is permitted to enter any area in Beaver Lake Subdivision other than Equestrian lots E-1 through E-6. All such area is northerly and easterly of the county road commonly described as Rock Bluff Road.
/s/ Thomas D. Prickett