Part of a Series published for The Highland Park Review
by Sherry Gros 02/12/23
Part #2 – Spring Lake
We pick up where we left off from part one of this series saying we are inclined to agree that the description of the lands of the QUIT CLAIM are correct albeit the part of the description, taken from the plat map of 1995, left out some information including “to the boundaries of the lake” [sic].
So now we’ve seen the plat map of Spring Lake Subdivision that clarifies the boundaries now we would like to show a deed that clarifies the fact even more that Spring Lake has no ownership of any part of Optimist Lake .
Below is page one from a deed of the first lot sold in Spring Lake Subdivision in 1997. In the highlighted area, paragraph 2 starting with “This conveyance…” and ends with “in and to the bed, shore, and waters of the lake.
Look at who are the named interested parties “in and to the bed, shore, and waters of the lake. Listed as below:
1. “restrictive covenants” of the surrounding 3 subdivisions,
2. “easements and building set back lines”, MAWSS has major discharge lines that run from Lakeview West Subdivision along the entire Western Boundary of the Lake , Alabama Power, and yet to be discovered easements, including intakes and ditches for watershed.
3. “And Rights of the United States”, this is referring to Federal water rights under the Clean Water Act.
4. “State of Alabama”, referring to intrastate waters of the Milkhouse Creek whose body of water lays entirely within the state of Alabama until it goes on its way to the Gulf of Mexico via the Dog River.
5. “Other Parties” unnamed but referring to the adjacent landowner of the lake, bed, and waters respectively Highland Park Community Association, Inc.
Let’s look at the documentation.
To wrap up the historical highlights of Spring Lake Subdivision we’ll end by saying in 2001 amended covenants are filed in book 4937 Page 1158 with the Mobile County Judge of Probate Office. Within those documents no ownership or responsibility of a lake, dam, or standpipe, is mentioned but a lake front park is mentioned and that it is to be maintained by the Spring Lake HOA. In Summary. It is a fairy tale to believe that Spring Lake Subdivision/HOA owns Optimist Lake or that it is in any way obligated to the management of the land that is owned by HPca, Inc Optimist Lake.