Silver Springs Single Family Board Mtg.

6:30 p.m.

at St. Luke’s Church

This meeting has been cancelled.

The next SSSFHOA Board of Trustees Meeting will be on June 4, 2012

FYI

View:  https://www.silverspringscommunity.com/lakes-in-silver-springs/silver-springs-dams/

DAMS BACKGROUND: In 1979-1980 the Silver Springs lakes (”ponds”) and dams were formed by compacted soil and gravel with the efforts of the Hardman’s and Spencer’s.The north rim elevation of the large lake is 30? lower than the south rim of the little lake therefore the north rim dams on both “ponds” are higher than the south rim of each of the two larger “ponds”. The two dams, the water gates and outlets had received little maintenance from original owner Robert Larsen and the Silver Springs Water Company, and the subsequent owner Mountain Regional, up to 2004, a period of 24 years.  The State Water Division has classified these two dams, approximately 1200? long, as “medium hazard dams”.  This is determined by the amount of property damage that could occur if a breech occurs and a dam fails.  The houses built along the large lake dam, NorthShore lots 1-4 and 6-12, and Silver Springs lots 197-199, would likely be the first affected. However, an event the size of an earthquake is the only event listed to potentially be the cause of a breech.  An earthquake would potentially cause damage as well to homes not near the lakes or dams.  Activity of the water itself is very low as there are no motor crafts creating waves, the inlet stream is quite benign, so any buffeting against the shoreline is quite minimal.  The SSMA (Master Association) has reported its ownership of the perimeter of both lakes.  This perimeter is between 15?-25? from the water line (rip rap) to the back lot property line of each lake front private property, except for lots where property owners have gained ownership to the water line. (On April 13, 2010 the lake front property owners of lots 193 (Fuller), 194 (Hedges), 195 (Carriel), and 196 (Robinson) petitioned the SSMA board to allow them to also absorb into their lots the  lake perimeter land between their back lot lines and the water line.)  The fact that some lake front property owners own the land (aka the dams) to the water line translates that individual lake front property owners own (are) the dams. The SSMA owns what? the smidgens in between.  In effect, the lake front houses are a part of the dam profile.  Most of the SSMA assessment to ALL 504 SSMA individual property owners pays for the maintenance, insurance, repair, and management of the lakes, their perimeter, and the lake dams which have become the property of the FEW contiguous lot owners.  The non-lake front owners have been excluded from the use and access to the entire perimeter of either lake except the 443? along the Park.  On the SouthShore recorded 1991 plat the small lake has an exclusive Exclusive Private Enjoyment Easement giving the little lake perimeter (not including Ross Lloyd pocket park), to the small lake owners.  This 1989  Private Enjoyment Easement document gives the whole lake’s perimeter easements for BOTH lakes exclusively  to the lake front owners property originated from developer Michael Barnes.
—August 2, 1989: “WHEREAS Grantee [Silver Springs Associates] desires that purchasers of residential lots bordering the Silver Springs Ponds (the “Lakeview lots”) have exclusive private enjoyment of the Shoreline Property adjoining their respective Lakeview lot.”  In 2004, through the efforts of Eric Fraleigh and Les Carriel (both are lake front owners) and County Commissioner Bob Richer (Meadow Wild condo owner), a Lake Conveyance Agreement was signed only by the president of the SSMA (Anthony Sands) without the knowledge or vote of the property owners who through this agreement were made indebted annually to finance the maintenance, insurance, property taxes, repair, and management costs for the two lakes and the two dams.  This Agreement transferred ownership and liability for the lakes to the SSMA membership, and to the Silver Springs property owners, from Summit County’s Mountain Regional Water Special Service District, therein written to hold the County harmless. Gunter blurted out at the October 13, 2010 meeting that there is now a letter that passes the liability of the lakes and dams from the SSMA directly to the individual property owners.  Noland told Gunter to table further comment.  We have requested a copy of this letter from Bill Noland but so far have not received a response.