Policy on Maintenance and Repair of Roads at Spin Lake
WHEREAS, the Spin Lake Subdivision at R R 2, Spin Lake, Danvers, McLean County, Illinois, consists of the following described properties:
Tract I. Spin Lake, a subdivision of the North East 1/4 of Section 7, Township 24 North, Range 1 West of the Third Principal Meridian, according to the Plat recorded July 8, 1966, as Document No. 66-2757 in McLean County, Illinois.
Tract II: Spin Lake Extension One, a Subdivision of Outlot F and a Resurvey of Lots 136 through 139 and Lots 154 through 168 in Spin Lake, a Subdivision of the North East 1/4 of Section 7, Township 24 North, Range 1 West of the Third Principal Meridian, according to a Plat recorded April 25, 1969 as Document No. 69-2749 in McLean County, Illinois.
Tract III: Spin Lake Extension Two, a Subdivision of the South West 1/4 of the North West 1/4 and the West 1/2 of the North West 1/4 of the North West 1/4 and a part of the North West 1/4 of the South West 1/4 of Section 8, Township 24 North, Range 1 West of the Third Principal Meridian, according to Plat recorded February 13, 1970 as Document No. 70-780 in McLean County, Illinois.
Hereinafter all of the foregoing described property shall be referred to as Spin Lake.
WHEREAS, when Spin Lake was developed there was inadequate improvements made to the proposed roads to such an extent that many of the roads depicted on the plats of Spin Lake were never adequately improved or in the alternative, adequately maintained.
WHEREAS, Spin Lake Property Owners Association, an Illinois not for profit corporation, hereinafter "Property Owners" has limited funds and limited ability to maintain the roads that it owns at this time and has inadequate capital and funds to complete the improvements that were never completed by the developer of Spin Lake.
WHEREAS, it is necessary to set forth a policy concerning access to and use of undeveloped roads at Spin Lake.
WHEREAS, the Board of Directors of Property Owners have adopted a policy concerning the maintenance of the roads at Spin Lake and it is advisable to record notice of said policy to the public and all property owners.
THEREFORE, NOTICE IS HEREBY GIVEN AS FOLLOWS:
Policy Concerning Road Maintenance: The following policy was adopted by the Board of Directors of Spin Lake:
Property Owners, at this time and until subsequent notice is recorded in the Recorder’s Office of McLean County, shall at this time only maintain those roads that are marked as on the attached Exhibit "A", attached hereto and incorporated herein by reference. All other roads, which are set forth on Exhibit "B", which is attached hereto and incorporated herein by reference, at this time shall not be maintained by Property Owners. It is expressly understood that those roads depicted on "B" Exhibit are not necessarily passable or drivable and may or may not have water mains, utilities or other improvements constructed thereon. In the event that a person desires to construct a residence on a lot that is serviced from any of the roads depicted on Exhibit "B", all such persons, firms or entities are hereby given notice that there may or may not be a water main that services said property. In the event that there is not a water main in front of said lot or immediately adjacent to said lot, the Property Owners will not provide water to said site without a special assessment being paid by the property owner who desires to have water service brought to their property. The amount of said special assessment shall be as determined by the Board of Directors of Spin Lake and shall in general be in a sufficient amount to compensate Spin Lake for the cost to construct a water main, not a service line, to the property of the person whose lot adjoins one of the roads depicted on Exhibit "B" and who desires to receive water from Spin Lake. Any such special assessment may be paid in installments provided that a written agreement to pay in installments is recorded in the Recorder’s Office of McLean County, Illinois in a form and in a manner and method acceptable to Property Owners. In the event that a water main is constructed, pursuant to this policy, the roads depicted on Exhibit "B" shall not necessarily be maintained by Spin Lake Property Owners Association, an Illinois not for profit corporation, but on a case by case basis a written agreement for improvement of the road and a special assessment for the cost thereof may be entered into between the Property Owners and lots owner (s) served by the road. Property Owners may in the future modify which roads are or are not maintained. No roads have been vacated except the portion of Apache Path noted on Exhibit "B".
Authority for Policy: This policy has been adopted by Spin Lake Property Owners Association pursuant to the authority granted to it in the Declaration of Restrictions and By-Laws of Spin Lake Property Owners Association recorded as document No. 93-3934 in the Recorder’s Office of McLean County.
Dated, subscribed and sworn to before me this 1st day of February, 1999. Susan Kay Meredith, Notary Public.