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All roads on the subdivision shall be private roads, commonly owned and for the common use and benefit of subdivision owners; provided, however, that said roads shall be available for use by Warm Springs, Inc., and for access to any other addition or subdivisions created by Warm Springs, Inc., or their successors.]1[
All roads on the subdivision shall be public roads, commonly owned and for the common use and benefit of subdivision owners; provided, however, that such roads shall be available for use by Warm Springs, Inc., and for access to any other additions or subdivisions created by Warm Springs, Inc. or their successors.]2All platted roads in the subdivision shall be public roads, for use by the general public for ingress and egress.
Since all roads are commonly owned, all maintenance and repair of roads shall be at the cost and expense of the subdivision owners. Subdivision owners shall maintain all roads in good repair at all times. Expense of maintaining "main" roads which are used as common access roads shall be borne and paid by all Warm Springs subdivision and addition owners who benefit by their use, and
Warm Springs, Inc.Upper Little Warm Springs Association shall not be obligated or committed to provide winter maintenance upon said roads or be required to remove snow from the roads during the winter months. The Architectural Control Committee shall have the power to provide maintenance and to assess the benefiting property owners at a reasonable rate and collect such assessments.1 An “Amendatory Addendum to Declaration of Protective Covenants to Upper Little Warm Spring Creek Subdivision” Covenant Amendment approved on May 7, 1986 and recorded by the Fremont County Clerk on May 7, 1986 which amended the text of Paragraph 17 to read “All roads on the subdivision shall be public roads, commonly owned and for the common use and benefit of subdivision owners; provided, however, that such roads shall be available for use by Warm Springs, Inc., and for access to any other additions or subdivisions created by Warm Springs, Inc. or their successors.”
2 A “Corrective Amendatory Addendum to Declaration of Protective Covenants to Upper Little Warm Spring Creek Subdivision was approved on October 10, 1986 and recorded by the Fremont County Clerk on October 20, 1986 which amended the text of Paragraph 17 to become “All platted roads in the subdivision shall be public roads, for use by the general public for ingress and egress.”
DISCLAIMER: This re-typed text is provided for convenience only. In the event of a discrepancy between this re-typed copy and the original on file with Fremont County, the Recorded copy is authoritative and the ULWSA disclaims any responsibility for choices made as a result of any typographical errors in this convenience copy