Parcel G - Little Pond
SILVER WILLOW POND aka Upper Pond aka Little Lake aka Parcel G aka Duck Pond aka PP-98-A-6 ~ Situated in the center of SouthShore subdivision. This pond is a private amenity for lake view property owners located contiguous to its perimeter. The 1989 Barnes Exclusive “Private Enjoyment Easement” grants the perimeter of this pond/lake to the SouthShore lake view property owners; it is unlikely the six SS Little Lake properties (Lots 23, 24, 25, etc. on map below) are included in the 1989 agreement, however since there is no access provided the easement is accessible only by contiguous property owners. The 11 NorthShore lake view property owners are included in this 1989 agreement on the large pond/lake, essentially the properties/subdivisions originally owned and developed by Barnes and Widdows beginning in 1989 around the ponds in Silver Springs are the properties having exclusive access to the easements.
This pond is 5.24 acres in size. Water Storage Capacity: 25acre ft.
Silver Springs Water Company sold their water rights in this pond to Mountain Regional Water around 1990. These water rights maintain the pond capacity and flow. When Mountain Regional transferred the Lakes/ponds land, liability, and maintenance costs to the SSMA in 2004 they retained the water rights.
1989 Exclusive “Private Enjoyment Easement” surrounds perimeter of this pond/lake
1982 Enjoyment Easement map
Click link to view map.
1981- Yellow areas on map are route of original Community Enjoyment Easement and access to waterways
- Pink area is the Community Park
1983 - HOA member big lake shore access = 4,221.71 linear feet X 15′-25′ wide
1991 to present - for their own purposes some lake view owners in SSSF and Park Place closed access for the HOA property owners to the easement contiguous to their property line.
Big lake shore access was reduced to 444′ linear feet along the community park plus the undeveloped west shore.
Silver Willow Pond is surrounded by a 1989 Private Enjoyment Easement Agreement. The easement was recorded on the 1991 SouthShore subdivision plat map. This Agreement grants access and use of the perimeter of either lake only to the 22 SouthShore small lake view lot owners and 11 NorthShore large lake view owners. The 11 SSSF lake view owners are not included in the 1989 Easement Agreement nor are the six SS Little Lake properties along Silver Springs Drive. Silver Willow Lake Enjoyment Easement perimeter was originally intended for ALL Silver Springs Community property owners to have access and use. However, some lake view owners have encroached on these rights over the years. From 1990 to the present, the Park beach area has been the only access to the Silver Willow Lake and Pond usable by ALL Silver Springs Community property owners yet the cost of maintenance, insurance, management, taxes, repairs are assessed to all Silver Springs Community property owners without their consent because they have been disenfranchised from voting on these assessments and special assessments.
SURVEYED IN 1990, RECORDED 1991
1986 American Savings Bankruptcy Exhibit map.
Lower Pond is Parcel F, Upper Pond is Parcel G.
Parcel G shows two water ingress points and two water egress areas, “O” and “V”
The Three Silver Springs Community Ponds.
The Silver Willow Lake a.k.a. the Lower Pond is on the top.
The Silver Willow Pond a.k.a. Upper Pond is in the center.
On lower right is Silver Minnow Retention Pond which was deeded to Silver Meadow subdivision and is recorded on their plat.
1981 - September 8 - Summit County Planning Commission Meeting Minutes. “Jim Webster - Silver Springs recreational facility - tennis court & swimming pool, …as well as 1-D (South Shore) exact location of the lake and buffer strip. The cul-de-sac [Park Place] may still be eliminated.”
Account 0216543
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Gate on east side of the small pond at opening of Parcel V
Located at the Upper Pond aka Silver Willow Pond aka Silver Springs Little Lake
2009 October 2 Small Pond-Lake Survey showing Private Easement
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Name SILVER SPRINGS MASTER HOMEOWNERS ASSOC |
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C/O: SMITH J CRAIG ATTORNEY |
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Market (2008) |
$0 |
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Taxable |
$0 |
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Tax Area: 10 Tax Rate: 0.007418 |
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Type |
Actual |
Assessed |
Units |
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Land |
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1.000 |
Silver Willow Pond - north dam / beach area - looking northwest
Account 0216543 Viewing Doc Land
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General Information |
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March 2008
Account 0216543 Viewing Doc Warranty Deed
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Entry Number00347492 |
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Recording Date09/23/1991 04:40:00 AM |
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Fee |
Consideration$0.00 |
Instrument Date09/20/1991 |
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March 2008 - Ross Lloyd Park bench - situated within the Private Easement
2010- December 10 - Lakes Enjoyment Easement – At this SSMA meeting Bill Noland announced that the attorney’s he hired to research the Silver Springs documents have found that the 1989 Enjoyment Easement Agreement around the Little Lake runs with the land and is a valid Agreement from the developer to the SouthShore purchasers of the lake front properties and their successors for the use and access of the perimeter of the lake. The six Little Lake homes located on the east border of the Little Lake along Silver Springs Drive, and annexed in 1997 as part of the SSSF subdivision, are not included in this Agreement as these six lots were not part of the (Mike Barnes) developer’s property. View at: http://www.silverspringscommunity.com/our-community/silver-springs-sf/little-lake-at-silver-springs/ The same situation exists for the Large Lake in that the 7 or 8 homes along the east border of the lake and the Lake Front Court 4 houses, are part of Silver Springs Single Family since the beginning in 1980 and were never part of the developer’s (Barnes’) Enjoyment Easement Agreement. Therefore the 1989 Agreement does not guarantee use and access to lake front properties SLS-E Lots 192-199 and SSSF Lots 46-49. Click here to view SSSF lot map. Does this mean there is Member access along these excluded lots to the ponds/lakes? The MA board and Noland would not answer this question. However, owners of some of these lots (Fuller, Hedges, Carriel, Robinson) petitioned the board in Fall 2010 to allow them to purchase the easements from the Master Association. The request was tabled until further information was confirmed.
Account 0216543 Viewing Doc Quit Claim Deed
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Entry Number00362047 |
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Recording Date07/10/1992 02:30:00 AM |
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Fee$8.00 |
Consideration$0.00 |
Instrument Date07/10/1992 |
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1991 SouthShore Plat A with “Private Enjoyment Easement”.
Parcel G is the Little Lake in the center area.
Read the Conatser Law of July 18, 2008 regarding access from top (east) Parcel V.
Account 0216543 Viewing Doc Warranty Deed
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Entry Number00641012 |
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Recording Date12/11/2002 |
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Fee$0.00 |
Consideration$0.00 |
Instrument Date06/29/2001 |
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Silver Willow Pond at Ross Lloyd Park - west bank mid-May 2008 - with old signs
This Park was developed within the “Private Enjoyment Easement” along the perimeter of this Pond.
2011 September 26 THE UPPER SMALL POND IS DRAINED FOR REPAIRS
New little pond cement gate structure. Old metal gate on right.
Little pond drained end of September until end of October.