–SEE TERMS OF USE.  THIS CONTENT IS PLACED HERE FOR EVERYONE’S ACCESS TO INFORMATION AND TO RECORD THE DOCUMENTS, ACTIVITY, VOTES AND DISCUSSION THAT BEGAN IN 2009 REGARDING THE 36 YEAR OLD DEFUNCT UNDERDRAIN SYSTEM USED BY THE DEVELOPERS FROM 1979-1982 TO FACILITATE INFRASTRUCTURE INSTALLATION.   THE PEOPLE CONTROLLING THE BOARD HAVE PLACED ON THE BOARD WEBSITE LIMITED AND ONE-SIDED INFORMATION.   THE FULLER TRUTH REGARDING THE UNDERDRAINS IS PROVIDED HERE.  HOMEOWNERS VOTED IN 1985, 1994, 2008 & 2014 TO CONTINUE TO IGNORE THE 1982 ABANDONMENT OF THE DEVELOPER’S TEMPORARY UNDERDRAIN TUBES.

IF YOU WANT A QUICK REVIEW OF THE UNDERDRAIN ISSUE
CLICK HERE TO OPEN A TWO-PAGE SYNOPSIS
or
FAQs Regarding the Underdrains in Silver Springs SF

IN OCTOBER AND NOVEMBER 2014 SSSF HOMEOWNERS HELD DISCUSSIONS IN THEIR HOMES THAT PRODUCED THIS LIST OF THEIR CONCLUSIONS AND RECOMMENDATIONS REGARDING THE UNDERDRAINS – CLICK THIS LINK TO REVIEW

SILVER SPRINGS COMMUNITY / PARK CITY  WATER DROUGHT REPORT

Snow and water pack during the 2014 to 2015 winter in our area is between 64% and 68% of normal, much less on south facing slopes.  If we do not receive several more water laden snow storms before spring those percentages will drop considerably.  If 2015 February and March have the same amount of precipitation as January, Julander said the snowpack average would drop to about 50 percent.  The snow line now lies at 7,500 feet, south facing slopes at 10,000 feet. Clint McAfee, Park City water and streets Director, and Silver Springs homeowner resident, said he is worried that it is the fourth consecutive winter of low snowfall.  The groundwater aquifers are being drawn down (causing subsidence) as a result of the recent string of winters that are drier than normal, he said.  McAfee said he anticipates tighter watering restrictions than normal this summer if the winter weather remains dry and is followed by a summer with little rain.  Water restrictions already in place will likely be tightened in dry years.  “We’re not panicking just yet.  I think we’ve got a couple more months of opportunity for Mother Nature to provide more water.”

   Underdrain – Un”der*drain`\, n. A lateral polyethylene drain tube system laid inside a trench 5′  to 10′ underground, on approximately 91 (out of 188) lots  in the Silver Springs Single Family subdivision Phases 1A and 1B.  These temporary perforated and corrugated tubes were installed between 1979 to 1982 to draw out groundwater to facilitate installation of utilities, roads, and the first homes in SSSF.  The perforated tubes openings  allow water to percolate through gravel,  porous soil or the ground above (clay).  In the detrimental case in our neighborhood, water is drawn away from lawns, landscaping, gardens, and trees, to be discharged out of our neighborhood.  Unlike other true utilities, underdrains do not connect to our homes.  Rain and snow melt run-off are handled by our storm drains.  Artesian activity is vertical water arising via fissures in the rock layers, the lateral underdrains do not effectively remediate this vertical water.  The SSSFHOA has never owned the system, nor has responsibility to maintain it. The underdrains are not mentioned in the SSSF charter documents. These underdrains are not recorded on approved authorized plats.  Summit County holds no mandate for anyone to repair the tubes or to maintain the system.  The U.S.G.S. advises that discharge of natural ground water is reckless and irresponsible.  The Department of Water Rights General Provisions states that altering the flow, direction, or volume of natural groundwater is illegal and can reduce the water table and dry out wells.  The Homeowners voted in 1985, 1994, 2008, 2014, 2019 to ignore the aging underdrains.  Yet a couple men continue “to do whatever they want” to get their way, to spend Association money for attorneys, studies, and repairs benefiting a few lots.

—September 11, 2014 – Letter from Summit County Deputy Attorney Dave Thomas  to Lucy Archer and Rick Hovey:  “In discussing this with Derrick Radke [Public Planning Director], the ownership and maintenance of the underdrains is a private matter between the land owners within the various subdivisions [of Silver Springs East] and the owners [Master] association.  What the County can definitively state is that such underdrains are not public improvements owned or maintained by Summit County.”     [Sept. 4 to 11, 2014]

Summit County does NOT hold a mandate for SSSFHOA to own or maintain the underdrains.  The 1979  Developer’s Silver Springs East SSHOA documents recorded prior to 1985 do not apply to the SSSFHOA.

—October 14, 1985 – Amended Declaration of CC&Rs Entry 244975 Book M370 Pages 267-275.  Approved by a majority of the SSSF Association Members: “All Declarations relating to the Silver Springs Development Subdivision were repealed” All references and responsibilities by the Developer’s HOA for the underdrain system were therefore repealed.  [An attorney said that is as it should be, when new charter documents are voted in the former documents are no longer in effect.]

The underdrains are not included in any of our charter documents.  The first SS Single Family Homeowners’ Association from October 1985 CC&R’s and all subsequent Amendments state that each individual homeowner (builder) is responsible for all infrastructures within their property lines and easements except those belonging to a public utility company … as shown on the recorded tract map of the properties”. CCRs Article IX.  On November 3, 2014 the SSSFHOA homeowners voted for the third time to “Ignore the Underdrains.”

— The underdrains are not included on any recorded plats.  All engineering reports provided during the 1970’s  to 1984 are outdated and no longer describe the land and water attributes present in Silver Springs today.

–The 1978 temporary underdrain system has been abandoned since 1982 by the Developer, the County,  by the Master Association, and three times by the majority vote of the Silver Springs Single Family Association Members.   Summit County was indemnified by developer (for 3 years?).  HOA Attorney Craig Smith has been informed the underdrain system is not a recorded plat, was not dedicated to Summit County.

–October 14, 1985 -Amended Declaration of CC&RsEntry 244975 Book M370 Pages 267-275.Signed by Silver Springs Board of Trustees: Bill Ligety, Dale Boschetto, Ron Kobler, Lucy Murphy (Archer), Fred Wasilewski, Gregory Vinson, Elmer “Buz” Sandberg and approved by a majority of the Association Members:

At this organization of the SSSFHOA “Page 273: “All Declarations relating to the Silver Springs Development Subdivision were repealed” (that is the Developer’s HOA) at this meeting and approved by the majority of the association members. ” All references and responsibilities by the SSSFHOA for the underdrain system were hereby repealed. The 1978 unratified underdrain system was abandoned since 1982 and again in 1985 by a majority vote of the Owners Association.  See 1985 SSSFHOA Organizational CCRs  Book 370 Page 273 (7)

The Subdivision has a storm drain system, drainage channels, sewer system, retention ponds, and roads, curbs/gutters intended as conduits to collect seasonal flowing water and snow melt. CCRs state that each individual homeowner is responsible for their own irrigation and anything within their property lines and easements. None of the contiguous subdivisions to Silver Springs have this type of underdrain system. Summit County Building and Planning reported that no other county subdivision has underdrains.

–The 1978-1986 (foreclosure year) developer said he did not intend the underdrains to be a burden to the homeowners.  It was a County requirement for installation of roads and infrastructure utilities.  We should ask the County about it.  On September 11, 2014 the County Attorney Dave Thomas wrote to us:   “the ownership and maintenance of the underdrains is a private matter between the land owners within the various subdivisions and the owners association.” 

—October 27, 2014 – Robert Rosing of Morris Sperry attempts to explain why Gunter, Hovey, and PMA registered our SSSFHOA, on January 27, 2014, as a DBA of the 1979 developer’s Silver Springs East HOA.  PMA deferred questions sent to them by sending the questions to Hovey;  Hovey re-sent the questions to Rosing.

COMMUNITY ASSOCIATION ACT – Title 57 Chapter 8

–Utah State Legislature- Title 57 – Chapter 8 – Community Association Act – Section 102 – Definitions: “Common areas” means property that the  association: (a) owns; (b) maintains; (c) repairs; or (d) administers.
Allowing the underdrains to become “common areas” increases homeowner liability and insurance cost; increases State administrative control and cost; increases board control and access to our private property.

–Utah State Legislature- Title 57 – Chapter 8  – Community Association Act – Section 104 – Limitation on requirements for amending governing documents — Limitation on contracts.  (1) “period of administrative control” means the period during which the person who filed the association’s governing documents or a successor in interest retains authority to: (a) appoint or remove members of the association’s board of directors; or (b) exercise power or authority assigned to the association under its governing documents.
(2) (a)(i) Governing documents may not require that an amendment to the governing documents adopted after the period of administrative control be approved by more than 67% of the voting interests. (4) Voting interests under Subsections (2) and (3) are calculated in the manner required by the governing documents.

–Utah State Legislature – Title 57 – Chapter 8 – Community Association Act – Section 224 – Responsibility for the maintenance, repair, and replacement of common area and lots. (1) emergency repair (administration; paperwork – notices; (2)  insurance (administration, paperwork); (3) board access (reasonable hours, or emergency hours); (4) Association is liable for repair to repair damage it causes to the common areas or to a lot the association uses to access the common areas; (5) Subsections 2,3,4, do not apply during the period of administrative control as defined in Section 57-8a-104.

— Utah House Bill 104 – Homeowners Association Amendments –

BUYER’S RESPONSIBILITY WHEN PURCHASING A HOUSE IN SILVER SPRINGS: 

–1979  “Special Notice”  Entry 157606  recorded and included on the Schedule B – Section 2 Exceptions page of Title Commitments given to buyers of Silver Springs properties “gives notice to buyers of fluctuating subsurface water which may affect the design and construction of buildings.  Basements built are at owners risk.”

–Buyers of Silver Springs SFHOA properties entered into a Utah Real Estate Purchase Contract (REPC) when they were buying their homes.  Section 6.  Title and Title Insurance. “Buyer does agree to accept title to the Property subject to the contents of the Commitment for Title Insurance provided by Seller and as reviewed and approved by Buyer.  The Provisions of this Section shall survive Closing.
Section 7. Seller Disclosures includes subsection (g) written notice of any claims and/or conditions known to Seller relating to environmental problems and building or zoning code violations;
Section 8. Buyer’s Conditions of Purchase. Subsection 8.1.  Buyer’s Due Diligence Condition. Buyer’s obligation to purchase the Property is or is not (indicate one or the other) conditioned upon the Buyer’s Due Diligence … Subsection (a) Due Diligence Items:  Buyer’s Due Diligence shall consist of Buyer’s review and approval of the contents of the Seller Disclosures and any other tests, evaluations, verifications of the Property deemed necessary or appropriate by Buyer such as: the physical condition of the Property; the existence of any hazardous substances, environmental issues or geologic conditions….and any other matters deemed material to Buyer in making a decision to purchase the Property….Buyer determines, in Buyer’s sole discretion, that the results of the Due Diligence are or are not acceptable.  At this point Buyer has the right to cancel the Purchase Contract.

—Utah ALTA Homeowner’s Policy of Title Insurance.  Title Commitment…  “Buyer agrees to accept title to the Property subject to the contents of the Commitment for Title Insurance provided by Seller, and as reviewed and approved by Buyer.   Commitment. Schedule B – Section 2. Exceptions. (numbers vary according to title company) (1) Special Notice, dated July 6, 1979, wherein S.S.D. Inc., gives notice of subsurface water which may affect the design and construction of buildings, recorded July 13, 1979 as Entry No. 157606 i nBookM-137 at Page 76 of Official Records.”

—Ground water and seasonal melt-off flow on subdivision lots is the responsibility of the individual property owner.  See at Article IX of the 1982 CC&Rs. “Section 3 . Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded Plat and over the rear and side five feet  [eight feet on recorded plat] of each lot.  Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels [different from underdrains] in the easements.  The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.”  The utilities within the easements connect to each house.  The underdrains do not connect to our homes.

—Our contiguous subdivisions composing Silver Springs East are:   Northshore Silver Springs Subdivision, Little Lake at Silver Springs,  Southshore at Silver Springs Subdivision, Silver Springs Townhouses,  Silver Meadow Phase Silver Springs Townhouse Condos, Silver Springs as Park Place Plat B, Willowbend East Silver Springs Townhouses, Willowbend West (originally The Village) at Silver Springs, Quail Meadow Phase of Silver Springs. None of these subdivisions have underdrain systems, they rely on the storm drains, drainage channels, the creek inlets and outlets to distribute the overflow into the creeks and retention ponds, on out of the subdivisions toward Swaner Nature Preserve.
Subdivisions outside the boundaries of Silver Springs East without underdrains include: Ranch Place, Willow Creek, Snyder’s Mill, Sun Peak, Cedar Draw, Mahogany Hills, Bear Hollow, etc.

–‘” The Assoc was formed around the time of the bankruptcy and foreclosure of the original SS developer…He had no input into our formation as it was all done in coordination with American Savings and their representatives.  At no time were we involved with the original HOA or any developer.  He/they never started the formation as it should have been done under the original Master Plan.  We never were included as “members” and were never called upon to participate as “voting members” or to pay dues or fees, or to attend meetings. During these times there were never any discussions regarding the underdrain.  We were not a part of the process that created them and the system was apparently ignored until someone started having problems and found discreditable documents to indicate that there was such a system at the beginning. ”  Quote from letter written by Dale Boschetto, president of the SSSFHOA from October 1985 to June 27, 1989, the period of time when this HOA was organized and the first officers were elected.

— 1979 –  Bylaws. IX.  Maintenance and Repair. 3). Material Alterations.  There shall be no material alterations or substantial additions to the Common Areas, except as the same are authorized by the Board of Trustees.  Any capital expenditures exceeding the sum of $10,000 shall be ratified by the affirmative vote of the lot owners representing 25 percent or more of the combined votes of all membership entitled to vote.  4). Decision of Board of Trustees.  A good faith decision by the Board that any portion or portions of the Common Areas and Facilities must be repaired or replaced shall be binding upon the lot owners.  Any maintenance,  repair, or replacement of the Common Areas and Facilities which would result in an additional assessment to any individual lot owner exceeding $200 must first be approved by the affirmative vote of the lot owners representing 2/3’s or more votes of membership entitled to vote.  [Attorney Robert Rosing confirmed during the 10/14/2014 Annual Meeting that a 2/3 vote, or 66%, was the normal vote presently required by state law.]

—1979 and 1982 – Declaration of  CCRs for Silver Springs Development Subdivisions Entry 157620 – and Entry 190498.  Article V.  Section 4.  Special Assessment for Capital Improvements.  In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of a two-thirds majority of votes of membership entitled to vote  and who are voting in person or by proxy at a meeting duly called for this purpose.   Written notice of any meeting called for the purpose of taking any action authorized under this section shall be sent to all members not less than ten (10) calendar days nor more than thirty (30) calendar days in advance of the meeting.  At such meeting called, the presence of members or of proxies entitled to cast fifty (50%) percent or more of votes shall constitute a quorum for any action authorized under this section of this Article.

—April 15, 1982 –  Silver Springs Homeowners CCRs –  -Amended Declaration to CCRs for SSD Subdivisions – Entry 190498 :  “Article V. Covenant for Maintenance Assessments.  Section 4. Special Assessments for Capital Improvements.  In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessments for the purpose of defraying, in whole or in part, the cost of any construction,  repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto,  provided that any such assessment shall have the assent of a two-thirds  [66%] majority of the membership entitled to vote, and who are voting in person or by proxy at a at a meeting duly called for this purpose.   Written notice of any meeting called for the purpose of taking any action authorized under this section shall be sent to all members not less than ten (10) calendar days nor more than thirty (30) calendar days in advance of the meeting.  At such meeting called, the presence of members or of proxies entitled to cast fifty (50) percent or more of all the combined votes of both classes of membership shall constitute a quorum for any action authorized under this section of this Article.”

—1985– October 14 -Amended Declaration of CC&RsEntry 244975 Book M370 Pages 267-275.Signed by Silver Springs Board of Trustees: Bill Ligety, Dale Boschetto, Ron Kobler, Lucy Murphy (Archer), Fred Wasilewski, Gregory Vinson, Elmer “Buz” Sandberg and approved by a majority of the Association Members:

At this organization of the SSSFHOA “Page 273: “All Declarations relating to the Silver Springs Development Subdivision were repealed” (that is the Developer’s HOA) at this meeting and approved by the majority of the association members. ” All references and responsibilities by the SSSFHOA for the underdrain system were hereby repealed. The 1978 underdrain system was abandoned since 1982 and now again in 1985 by a majority vote of the Owners Association.

The Subdivision has a storm drain system/drainage channels, sewer system, retention ponds, and curbs/gutters intended as conduits to collect seasonal flowing water and snow melt. CCRs state that each individual homeowner is responsible for their own irrigation and anything within their property lines and easements. None of the contiguous subdivisions to Silver Springs have this type of underdrain system. Summit County Building and Planning reported that no other county subdivision has underdrains.

—October 14, 1985 –  Amended Declaration Entry 244975. Article V. Covenant for Maintenance Assessments. Section 4. Special Assessments for Capital Improvements.  In addition to the regular assessments authorized above, the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a capital improvement upon the common area, including fixtures and personal property related thereto, or costs incurred for any other Association purpose, provided that any such assessment shall have the assent of a majority of the membership entitled to vote at a meeting duly called for this purpose.   Written notice of any meeting shall be sent to all members not less than ten (10) calendar days not more than thirty (30) calendar days in advance of the meeting.  [Attorney Robert Rosing confirmed during the 10/14/2014 Annual Meeting that a 2/3 vote, or 66%, was the normal vote presently required by state law.]

Section 8.  Exempt Property.  The following property subject to this Declaration shall be exempt from the assessments created herein:  a) All properties dedicated to and accepted by a local government or public authority; and b) The common areas, if any.

–FYI- The Master Association Bylaws – Article III. Meeting of Members.  Section 5A. Quorum. Fifty-percent (50%) or more of the Members, either present in person or by proxy, shall constitute a quorum for any and all purposes, except in special assessment circumstances, in which the express provisions require a sixty-six and two-thirds (66 2/3%) percent vote of the members present.

—February 8, 1994 – Recorded May 23, 1994 – Amendment to Declaration of CCRs for SSD Subdivisions (misnamed). Entry 405079.  There are no changes to Article V.

—October 13, 2008 – Articles of Incorporation – Article III. This corporation shall oppose involvement by any special interest group or person(s) who shall attempt to use the Board to empower their cause or agenda; or who proposes to create responsibility or liability for this corporation for any natural water course beyond those managed and owned by the Master Association…. Article VI. The corporation further reserves the right to not become encumbered by any aspect of any physical feature created by past, present, or future agreements.

—November 3, 2014 – SSSFHOA Replacement Meeting.  Homeowner majority voted to “Ignore the Underdrains.” In NOVEMBER 2014 SSSF HOMEOWNERS HELD DISCUSSIONS IN THEIR HOMES THAT PRODUCED THIS LIST OF THEIR CONCLUSIONS AND RECOMMENDATIONS REGARDING THE UNDERDRAINS – CLICK THIS LINK TO REVIEW.

The HOA BOT ignored the Homeowners vote and the recommendations they produced in the above document.

April 24, 1979 –  Summit County Board of Commissioners Meeting Minutes:  Preliminary for Silver Springs 1A were approved conditional on engineers approval.

May 15, 1979  – Summit County Board of Commissioners Meeting Minutes:
Jack Johnson explained preliminary approval for Phase 1A. Recreation facility will be a bike path from Kimball’s Junction to downtown Park City.  Read Forsgren’s letter concerning high water table and preliminary work (underdrains) to see if problem is resolved.  Final approval subject to engineers approval.  Jack Johnson requested permission to build Lake Front Court in Plat 1A to test if concept is suitable.

July 3, 1979 – Summit County Board of Commissioners Meeting Minutes: Problems of Silver Springs 1A final plats were discussed by Paul Kelly – SC Planning Director, Rhinehart Pursel – J.J. Johnson Assoc., Terry Christensen – Deputy County Attorney.  Area has a high water table, does drain system adequately drain area? Hold bond for two years to verify adequacy. Christensen answered to follow all the counsel of the engineers, if County is sued chances of losing will be minimal; require a number of years for County indemnification from developer.  Motion accepted as follows:
1) Developer to conform to Dames-Moore requirements for drains construction.
2) County to hold $90,000 of the bond for 3 years.
3) Drain failure within next 3 years to be repaired by developer.
4) “Special Notice” Entry 157606 to be recorded notifying buyers/builders/owners of lots to build foundation drains, extra wide footings; basements at own risk.

July 6, 1982 – Summit County Board of Commissioners Meeting Minutes: Stan Strebel brought in a copy of Amended (by James Crestani) Declaration of Covenants which indicates that the Developers Homeowner’s Association would be responsible for perpetual maintenance of the underdrain system in Silver Springs East Subdivision.  Also presented was an agreement between Silver Springs Development, the developers Silver Springs Homeowners’ Association, and Summit County clarifying the maintenance responsibilities of the Developer’s Silver Springs East Homeowners Association.
Commissioner Young made the motion to release from the escrow account on Plat 1A $90,000. and from the escrow account of Plat 1B $104,255 with a remaining amount of $5,000.00.   Commissioner Wallin seconded the motion.  All voting in favor.   (The Silver Springs Single Family Homeowners’ Association was not organized until 1985.) 1982-07-06-Commiss-mtg-also-bond-release-letter.pdf

January 5, 1985 – Snyderville Basin Development Code – Statement of Intent:
“The intent of this section is to allow continued development under the Development Code of Summit County (Old Code) of any property where development had been initiated through Master Plan or zone change approval prior to the effective date of The Snyderville Basin Development Code (New Code). Examples of those “grandfathered” properties are currently identified as but not limited to the following:-..Jeremy Ranch, -Pinebrook, -Silver Springs East -Silver Summit, -Spring Creek.
Respectfully signed by Stanley D. Leavitt, Chairman of the Summit County Planning Commission; Robert McGregor, Chairman  1985-01-05-Basin-Dev-Code-Intent.pdf

March 31, 2004 – Summit County Board of Commissioners Business Meeting Minutes: Kevin Callahan reported on drainage issues in the Silver Springs subdivision.  The subdivision was developed 25 years ago on a low lying area with a high water table, and an [unfinished] pipe drainage system was installed along the rear property lines. At that time the Commission had concerns about how the system would function and required the developer to provide a bond.  He has tried to determine whether the County is indemnified and noted that neither the plat map nor acceptance of the subdivision dedicate the drainage system to the County [nor the HOA]. He is checking to be sure that the County complied with all the requirements regarding drainage around the new homes.  Although this is an individual homeowners responsibility, he wanted the Commissioners to be aware of the concerns and attempts being made
to address the issue.  He clarified that the plat map refers to dedicating all public lands, but there is a non-exclusive utility and drainage easement at the rear of the property that is not dedicated.  Commissioner Richer asked if the citizens are requesting information or action.  Public Works Superintendent Mark Offret replied that people want the problem solved because their crawl spaces are flooding.  No one has a map, and access has been buried by grass and trees.  Chair Woolstenhulme cautioned that, if the County -and the HOA- has no liability, they should be careful about taking action to resolve the problem.  2004-03-31-County Commission Minutes-drainage

June 1, 2005 – Summit County Board of Commissioners Business Meeting Minutes: SSSFHOA Pres. Domenick told Commissioners  “it is not practical for the homeowners association to maintain the drainage system. Commissioner Woolstenhulme commented that the problem is a homeowners’ problem and not the County’s responsibility.”  Commissioner Richer pointed out that the proper procedure is to inform all the homeowners for their disposition on the situation and to ascertain whether the homeowners are willing to accept a special assessment to get the work done. “The Silver Springs Master Association is one of the largest in the Snyderville Basin, and Chair Richer believed the costs pro-rated on a per-home basis would be minimal…In terms of legal issues, the County does not want to set a precedent, and the County does not handle any groundwater drainage systems in the County.”  2005-06-01-County Commission Minutes-drainage 

ATTORNEY LETTERS OF OPINION:

 The  renegade  board presidents since 2009 have been unlawfully and furtively cleaning out some root bound underdrain pipes against the wishes of now three votes by the Homeowners to Ignore the Underdrains. In an effort to activate 1979 and 1982 agreements (Noland’s so called “prime directives”) between the first developer and the County regarding the installation of the 36 year old underdrains, Gunter and Hovey quietly recorded on January 27, 2014 our Silver Springs Single Family HOA as a DBA of the developers 1979 HOA with all its liabilities.  In an effort to justify their actions board presidents Gunter and Hovey (elected by the slimmest of votes) successively hired various attorneys (Lincoln Hobbs, Craig Smith, Ted Barnes, Robert Rosing of Morris Sperry) to provide to them letters of opinion and support for acting against our Association documents and the Homeowners wishes.  The attorney letters are inconclusive, contradictory, and in some cases support both sides of the issue.

Attorney at Kapalski, Kinghorn & Alder – Jerry Kinghorn Letters – June 1981 – Complete Inventory of Water Systems Development Memorandum in Silver Springs East – makes no mention of the underdrains. Builders are responsible for connections, etc.

Attorney from Winder & Haslam – Katy A.F. Davis – 1985-09-04 to Jerry Smith S.C. Planning Dept.  “We have been informed that Summit County and the Developer of Silver Springs entered into some sort of agreement pursuant to which the Developer’s Homeowners’ Association became responsible for the maintenance of  its underdrains.”

Attorney Scott C. Welling – Private Practice –April 20, 1989 – Letter from Attorney Scott C. Welling to Ryan L. Richards, attorney for American Savings Bank.  “Re:  common areas –Silver Springs Subdivision:  In connection with the claim of the Silver Springs Homeowners Association concerning conveyance of certain parcels within the developed area of the subdivision for use as common areas, I have been informed by Ms. Nancy Burke that the contract purchasers  of the remainder of American Savings’ holdings  in the subdivision [and founders of the Master Association -M. Barnes, Widdows, Spieker] “will assume all liability for outstanding issues with the Homeowners Association.”

Attorney at Winder & Haslam – Lincoln Hobbs Letters – September 12, 2008 letter to Michael Winer, SSSFHOA “Chairman” Winer did not want to be called “President”. ..board members of the Silver Springs Single Family Homeowners Association were under the assumption that the Master Association would be responsible for maintenance of the underdrain system and the Associations’ other common areas.” …”Following my review of the documents, I cannot state with certainty that the SF Association has a legal obligation to maintain the underdrain system…”
…”The Silver Springs Developers’ Homeowners’ Association’s original declaration, recorded in 1979, did not impose any obligation for maintenance of the underdrain system…the Association’s developer (actually Ray Fry, a builder in Silver Springs)  entered into an agreement with with Summit County through which the developer acknowledged an obligation to maintain “the underdrain system”; on the same date (June 25, 1982) the developer’s associate, James Crestani, recorded a Declaration Amendment, Article 8(a) which specifically added maintenance of the underdrain system to the Developer’s Association’s obligations until it was deleted when the SSSFHOA was organized. “The SSSFHOA removed several sections of Article 8 based upon an assertion that “the responsibilities described in the deleted sections have been transferred to the Master Association.”
…” I was informed by Bill Noland that the exact areas where the underdrains are located are unknown, and they may or may not all be within platted easements.”
…”I received an email from SSSFHOA Board Secretary Lucy Archer, suggesting that there may be differing view points among the Board respecting the obligations and asserting that the underground system had been “abandoned”…” From this I have assumed that there is a division among the Board as to whether or not the Association should be undertaking the expense of repairing and/or maintaining this underdrain system.  Additionally, there seems to be some dispute as to whether certain water issues in certain areas are related to failure of the underdrain system or the result of surface water or other factors.”
–CONCLUSION: “It is probably impossible to determine whether the Association has the legal obligation to maintain the underdrain system…. I believe a court would impose an obligation upon the [Master] Association to maintain and repair the common areas.  This arises by virtue of the nature of a Common Association…” With the reports now in hand, “the Board can and should reassess the situation and determine what the Association’s proper course of conduct should be,”  present the options to the Homeowners and provide for their informed vote!

Attorney at Smith-Hartvigsen – J. Craig Smith Letters:

August 13, 2004 – To Mark Offret, Public Works Director:
“…my reading of those minutes does not lead to a conclusion that the homeowners…would be responsible for public improvements such as storm (sp) drains.”

December 15, 2004 to Kevin Callahan, Public Works Administrator:
“…my reading of those minutes does not lead to a conclusion that the homeowners…would be responsible for maintenance of the groundwater drainage system.”

December 28, 2004 from Robert W. Atkins Summit County Attorney to Craig Smith:
The Plats do not purport a specific dedication of groundwater drainage systems to Summit County.  Consequently, Summit County is not obligated to maintain such systems.”

February 26, 2005 -Craig Smith to SSSFHOA President Lawrence “Skip” Domenick:
“Notification was given to buyers that basements will be built at the owner’s risk.  Foundation drains will be required for basements, footings will be extra wide or place in gravel.” This “Special Notice” was recorded on July 6, 1979 as Entry 157606.  This notice has been recorded by Title companies in Title Insurance Commitments in Exceptions – Schedule B Part 2.  When buyers of Silver Springs Single Family homes sign the Real Estate Purchase Contract to buy property here, they sign acceptance of one or more of these notifications included within the Title Report and/or the Buyers Due Diligence Property Inspection Report.
“Unlike other utilities, the drainage system serves the entire area [of Phases 1A and 1B], not merely those residents whose property contains any portion of the pipeline system…which lie at least ten feet beneath the surface and do not connect to their homes.”
“That responsibility was meant to pass to the homeowners’ association is a possibility, but there are apparently no provisions in State law mandating such a conclusion.”
(SCO & 10-6-10) “In the present case, however, it seems clear that no document exists assigning the maintenance of the Silver Springs 1A drainage system to the homeowners’ association…”

— March 3, 2009 – Letter from Summit County Attorney David R. Brickey’s Deputy Attorney Helen E. Strachan.    “I could find no records in our Summit County Attorney’s Office file that fulfill your request”  for documentation of underdrains ownership or responsibility by the SSSFHOA. “Please consider this the final decision of Summit County.”

Attorney at Clyde-Snow – Edwin C. “Ted” Barnes Letter – October 14, 2014 letter read at same date’s SSSFHOA Annual Meeting. ” I was advising your master association (conflict of interest to represent the MA and the SSSF since both have uncertainty regarding which HOA is responsible for underdrains maintenance)  and had to respond to emotional arguments, often not constrained by the facts”… “No need for further investigation unless it is from an engineer’s evaluation and recommendation” (Barnes has had a number of personal conferences with retired engineer Bill Noland.  Differing viewpoints have been hard-pressed to receive any consideration regardless of the validity of the additional information being presented)…”HOA obtain more knowledge so decisions can be made on a basis of fact”…”As a practical matter, it is your HOA’s  problem either to deal with or ignore“….     Barnes is also the attorney for the Silver Springs Master Association, the organization responsible for all “common areas.”  Barnes position is that the underdrains are “common areas” therefore the underdrains are the responsibility of the Master Association.

–August 12, 2014 – Lucy Archer was called by Clyde, Snow & Sessions, Ted Barnes’ law firm at 1:30 pm to remind her of a meeting she had no previous knowledge about.  The meeting was to be held at 4:00 pm at 201 South Main, SLC, in the South Conference Room.  The participants were Ted Barnes, Rick Hovey, and Bill Noland, to discuss the 1979 underdrains in Silver Springs.
–On August 7, 2014 Rick Hovey had engaged Archer to continue a discovery phase in progress by Bill Noland.  Hovey felt that Noland was missing crucial information that could result in costing the Homeowners “millions of dollars.”  Archer agreed to do the research if Hovey would send to her the information already collected to avoid duplication of efforts, and if Hovey would assist Archer in disseminating to the board and the Homeowners the information she found.
–The invitation to attend this meeting in Barnes’ office seemed to be an opportunity for Archer to listen to the three men discuss the physical aspects of the underdrains in order to understand why Noland was so invested in what could be a very detrimental activity for Silver Springs SF.  It had already become apparent to Archer that there were many suppressed issues:  historic and organizational, legal implications and new intrusions into our private property, enormous costs, and furtive actions by the board that were not transparent and had not been disclosed to the Members.  There is a thick file of emails between Archer and Hovey discussing Archer’s findings and how Hovey subversively made the information “private” and ignored.
–When Archer arrived just before the meeting was to begin, the men became guarded and flustered.  Barnes asked Archer why she was there, and began to lecture her regarding her efforts to provide information and documents to Barnes on his email and delivered to his home in Pinebrook.  His tirade then became abusive, he told Archer she was a vigilante for caring about her neighborhood and wanting to serve the term she had been elected to in November 2013.  Then Barnes told Archer to get out of his office.  He followed her out of the conference room, down the hall, through the waiting room and into the elevator foyer, all the time berating and telling her to leave immediately. Archer made her exit, as Hovey and Noland sheepishly sat in witness of this attack……More….. (link to be added with pertinent emails between Archer, Hovey and Barnes, and a synopsis of the recorded encounter on the 13th Floor office.

Attorney at Morris & Sperry – Robert Rosing  Oct. 27, 2014: “the board can vote to make the determination whether to accept or not accept the developer’s 1979 HOA with its obligations and 1982 agreement that includes the responsibility for the underdrains….”Now assume a homeowner’s association, made up of members who live in a property, allow the corporate form to lapse, and reform or reinstate the original corporation, made up of exactly the same members in exactly the same place, does that magically erase debts and obligations? Absolutely not.”      So why has the board made our Silver Springs Single Family HOA a DBA of the the troublesome and possibly litigious developer’s SSHOA?

Robert’s round-about reply states this action makes our Association responsible for the developer’s “debts and obligations”.  Does the January recording demonstrate protection and care of our Association by the trustees and their agents?  Do the attorneys realize that our Association was never under the control of the developer. The single family property owners never held office in, never paid dues to, and never voted in, the developer’s association.  Therefore, the SSSF is not composed of the exact same “members”, it is not the exact same place (there originally was only phase 1A, now it includes phase 1B, C, D, E    SSSF, Northshore, Southshore, Park Place all have the same origins yet their boards have had the sense not to become a DBA.  The developer’s charter documents are for condominiums and townhomes, for a variety of housing types.  The developer was going bankrupt, had lost many Silver Springs East tract parcels and wanted to leave the “recreational” common areas to an entity newly formed in Silver Springs, ergo the pass through to the Silver Springs Master Association.

Why have they not registered our HOA as a new entity? What is the position of the other Silver Springs East subdivisions  and the Master Association that are all also descendants of the 1979 SSHOA?

Silver Springs East is the 857.5 acres composing the Silver Springs Community aka the Silver Springs Master Association.  The thirteen subdivisions within the MA can be found on this website, Click here.—silverspringscommunity.com/master-association/

– The general purposes and objectives for which this corporation is organized are to provide community services and facilities by obtaining title to all common areas and facilities including but not limited to recreational facilities and other areas which are to be obtained for the sole use and enjoyment of the land owners.  In addition, the corporation shall provide for the maintenance of streets, paths, perimeter fencing, common areas, and recreational facilities obtained for the sole use and enjoyment of the land owners of residential lots situated within that certain real property described and known as Silver Springs [East] Subdivisions and all subsequent lots and properties which are annexed to the Silver Springs [East] Subdivisions, located in Summit County, State of Utah. —Articles of Incorporation – May 8, 1979 –  Entry 83813

—Silver Springs East Development Subdivisions aka Silver Springs Homeowner’s Association Bylaws – May 1979 – “Declarant” shall mean and refer to Silver Springs Development Subdivisions, a Utah corporation…All present or future lot owners, occupants, or any other person or persons who might use the facilities of Silver Springs Homeowners’ Association in any manner are subject to the regulations set forth in these Bylaws.  [In 1989-1990 the Silver Springs Master Association became the successor and assignee to the above corporation and association.]

—1979-July 16 –Declaration of CCRs for Silver Springs East Development Subdivisions –    Entry 157620  Pages 104-121
– [Silver Springs East Development Subdivisions and the Master Association as its successor and assignee…] Declarant hereby declares that all of said lots and property described above and such additions thereto as may hereafter be made pursuant to Article II hereof shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements which are hereby declared for the benefit of the whole [SS East] tract and all of the property described herein and the CCRs and easements shall run with the said real property and shall inure to the benefit of each owner thereof as a servitude in favor of each and every parcel thereof as the dominant tenement or tenements [landowners and homeowners].

—1979—Bylaws of Silver Springs Developers Homeowners Association. Article 1. Section 2. “Common area” and “common facilities” shall mean all real property owned by the [Silver Springs East] Association for the common use and enjoyment of the members of the Association.

—1982 -April-16—Amended Declaration of CCRs of S.S.D. Subdivisions [Silver Springs East] – Entry 190498. Article VIII. Duties and Powers of the Association. Section 1. Duties and Powers. “In addition to the duties and powers enumerated in the Articles of Incorporation and Bylaws, or elsewhere provided for herein, and without limiting the generality thereof, the [Silver Springs East] Association shall: (a) Own, and/or maintain and otherwise manage all of the common areas and all facilities, improvements and landscaping thereon, including but not limited to the private streets and street fixtures, the underdrain system, and all other property acquired by the [Silver Springs East Association later known as the S.S. Master Association]. (b) Pay any real and personal property taxes and other charges assessed against the common areas. (c) Have the authority to obtain, for the benefit of all of the common areas, all water, gas and electrical services and refuse collection. (d) Grant easements where necessary for utilities and sewer facilities over the common areas to serve the common areas and the lots.”

—The subdivisions that emerged and are recorded within  Silver Springs East are:   Silver Springs Townhouses (1980),  Silver Meadow Phase Silver Springs Townhouse Condos (1981), Silver Springs as Park Place Plat B (Sept. 1991), Meadow Wild Phase 1 (April 1980), Meadow Spring (April 1980), Willowbend East Silver Springs Townhouses (1983), Willowbend West (originally The Village) at Silver Springs (1984), Quail Meadow Phase of  Silver Springs  (July 1982), Quail Meadows II Townhomes (1996), The Springs (2000), Silver Springs Single Family (October 1985), Northshore Silver Springs Subdivision (August 1989), Little Lake at Silver Springs (annexed 1997),  Southshore at Silver Springs Subdivision (1991).
Subdivisions outside the boundaries of Silver Springs East are: Ranch Place, Willow Creek, Snyder’s Mill,  None of all these subdivisions have underdrain systems, they rely on the storm drains, drainage channels, the creek inlets and outlets to distribute the overflow into the creeks and retention ponds, on out of the subdivisions toward Willow Creek and the Swaner Nature Preserve.

—Notice of Trustee’s Sale held November 10, 1986 -The Silver Springs East Developer went into bankruptcy for the purpose of foreclosing a Deed of Trust executed by Silver Springs Developments, Inc. (S.S.D., Inc.), in favor of American Savings & Loan Association, as Trustee and Beneficiary, covering real property located at Silver Springs [East] Development, Snyderville, Summit County, Utah as particularly described in the attached Exhibit “A”.

—First American Title Insurance Company – Commitment for Title Insurance via Associated Title Company on April 10, 1989 for proposed insured Warren E. Spieker, Jr., Michael S. Barnes, Richard Widdows for Silver Springs East tract land referred to beginning with Parcel 1 through Parcel 11.  Schedule B (Exceptions) – Commitment No. M13173.  Item 40.  Restrictive Covenants for Silver Springs Subdivision, recorded July 16, 1979, as Entry No. 157620, in Book 137, at Page 104, Summit County Recorder’s Office.
Also April 16, 1982 as Entry No. 190498;   Also August 11, 1982 as Entry No. 194711;  Also January 16, 1986 as Entry No. 244975;  Also January 16, 1986 as Entry 244976; Also January 16, 1986 as Entry  244977.

–September 11, 2014 – Letter from Summit County Deputy Attorney Dave Thomas  to Lucy Archer and Rick Hovey:  “In discussing this with Derrick Radke [Public Planning Director], the ownership and maintenance of the underdrains is a private matter between the land owners within the various subdivisions [of Silver Springs East] and the owners [Master?] association.  What the County can definitively state is that such underdrains are not public improvements owned or maintained by Summit County.”     [Sept. 4 to 11, 2014]

— Each Silver Springs [East] plat tbk in 1985 as Silver Springs Single Family is recorded differently:
— Silver Springs 1A  – July 3, 1979 – by Vern Hardman, SSD. Inc., Entry “filed”
— Silver Springs Subdivision Phase 1B – October 23, 1979 – by Vern Hardman, SSD, Inc., Entry 169204
— Silver Springs Development No. 1-C -October 31, 1981 – by Vern Hardman, SSD, Inc., Kay Poulsen, Am. Sav. Entry 184312
— Little Lake at Silver Springs Plat ‘D’ – February 2, 1997 – by Marty Breen –  Entry 473067
— Silver Springs Development No. 1E  – May 24, 1982 by Robert L. Ford, Ray D. Fry, James Crestani, Entry 182389

SECTION 5 :  SILVER SPRINGS MASTER ASSOCIATION

Silver Springs East is the 857.5 acres composing the Silver Springs Master Association aka/dba the Silver Springs Community.  The thirteen subdivisions within the MA can be found on this website, Click here.—https://www.silverspringscommunity.com/master-association/

——Declaration of CCRs for Silver Springs East Development Subdivisions – July 16, 1979      Entry 157620  Pages 104-121
– [Silver Springs East Development Subdivisions and the Master Association as its successor and assignee…] Declarant hereby declares that all of said lots and property described above and such additions thereto as may hereafter be made pursuant to Article II hereof shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements which are hereby declared for the benefit of the whole [SS East] tract and all of the property described herein and the CCRs and easements shall run with the said real property and shall inure to the benefit of each owner thereof as a servitude in favor of each and every parcel thereof as the dominant tenement or tenements [landowners and homeowners].

– The general purposes and objectives for which this corporation is organized are to provide community services and facilities by obtaining title to all common areas and facilities including but not limited to recreational facilities and other areas which are to be obtained for the sole use and enjoyment of the land owners.  In addition, the corporation shall provide for the maintenance of streets, paths, perimeter fencing, common areas, and recreational facilities obtained for the sole use and enjoyment of the land owners of residential lots situated within that certain real property described and known as Silver Springs [East] Subdivisions and all subsequent lots and properties which are annexed to the Silver Springs [East] Subdivisions, located in Summit County, State of Utah.—Articles of Incorporation – May 8, 1979 –  Entry 83813

––The 1978 underdrain system has been abandoned since 1982 by the Developer, by the County, by the Master Association, and now three times by the majority vote of the Silver Springs Single Family Association Members. 2005-04-06-Commiss-letter-to-MA-pres-Anthony-Sands.pdf  Summit County was indemnified by developer (for 3 years).  HOA Attorney Craig Smith has been informed the underdrain system was not dedicated to Summit County.  The Master Association has denied responsibility for the underdrain system.

—April 20, 1989 – Letter from Attorney Scott C. Welling to Ryan L. Richards, attorney for American Savings Bank.  “Re:  common areas –Silver Springs Subdivision:  In connection with the claim of the Silver Springs Homeowners Association concerning conveyance of certain parcels within the developed area of the subdivision for use as common areas, I have been informed by Ms. Nancy Burke that the contract purchasers  of the remainder of American Savings’ holdings  in the subdivision [and founders of the Master Association -M. Barnes, Widdows, Spieker] “will assume all liability for outstanding issues with the Homeowners Association.”

—January 5, 1990 – Developer-Homeowner Agreement – Silver Springs East Subdivision – Entry 318770.  Agreement entered into by and between [developer] Silver Springs Associates, and seven (7) Silver Springs East subdivisions… “And Whereas, it was intended by the original developer of the [Silver Springs East] Subdivision and was provided certain of the initial master planning documents that a master homeowners association would be formed for the purpose of representing all property owners within the Subdivision with respect to maintenance, improvement and administration of Subdivision common areas;”

—January 11, 1990 – Silver Springs Master Association DRAFT Bylaws 1990

—February 16, 1990 – Silver Springs Homeowners’ Association Consent to Articles of Incorporation

— 1990 – –FYI- The Master Association Bylaws – Entry 851424.  Article III. Meeting of Members.  Section 5A. Quorum. Fifty-percent (50%) or more of the Members, either present in person or by proxy, shall constitute a quorum for any and all purposes, except in special assessment circumstances, in which the express provisions require a sixty-six and two-thirds (66 2/3%) percent vote of the members present.   (Why wasn’t this Section adhered to in 2010 by Noland when he assessed all 500+ Community members $357 for the Little Lake repairs.  The MA budget now has a windfall in its account.  As of November 2013 they reportedly had $221,000.00  plus $35,000.00 in a reserve account. Why does the MA need so much money?)

— 2005 – The 1978-1984 Silver Springs East developer aka S.S.D., Inc., Vern Hardman said he never intended for the homeowners to be saddled with the underdrains, they were a County requirement, Vern said to ask Summit County what we were to do with them.  On June 1, 2005 Skip Domenick told  Summit County Commissioners that “it is not practical for the homeowners association to maintain the drainage system.” Commissioner Woolstenhulme commented that the problem is a homeowners’ problem and not the County’s responsibility. Commissioner Richer pointed out that the proper procedure is to inform all the homeowners for their disposition on the situation and to ascertain whether the homeowners are willing to accept a special assessment to get the work done. The Silver Springs Master Association is one of the largest in the Snyderville Basin and Chair Richer believed the costs pro-rated on a per-home basis would be minimal.”  2005-06-01-County Commission Minutes-drainage  

June 1, 2004 – Summit County Board of Commissioners Business Meeting Minutes:  SSSFHOA Pres. Domenick told Commissioners  “it is not practical for the homeowners association to maintain the drainage system. Commissioner Woolstenhulme commented that the problem is a homeowners’ problem and not the County’s responsibility.”  Commissioner Richer pointed out that the proper procedure is to inform all the homeowners for their disposition on the situation and to ascertain whether the homeowners are willing to accept a special assessment to get the work done. “The Silver Springs Master Association is one of the largest in the Snyderville Basin, and Chair Richer believed the costs pro-rated on a per-home basis would be minimal…In terms of legal issues, the County does not want to set a precedent, and the County does not handle any groundwater drainage systems in the County.”  2005-06-01-County Commission Minutes-drainage  

— October 24, 2005 – Silver Springs Master Association Meeting Minutes.  Ron Duyker feels the MA is opening a can of worms.  He thinks the Board should hold a public meeting for the Members.   Ron does not feel the $12,000 request budgeted for drainage for the Silver Springs SF should be a MA concern, does not want to be liable.  Skip Domenick does not disagree with Ron;  wants to look closer at the problems on corner of Lake Front Court and Lot 42.  Les Carriel stated he thinks the MA is for common areas and the drains are a SSSF problem.  Ralph Stanislaw said we do not own the infrastructure for the drainage.

— April 20, 2009 – See MA Meeting Minutes:  “Bill Noland found a 1990 copy of the Developer’s Draft Bylaws that the MA board was instructed in 1989, by the County Commissioners,  to revise the Draft Bylaws to suit the needs of the SS Master Association Members rather than the interests of the Developers, Barnes, Widdows, and Spieker.   The copy Noland found is identical to the copy posted in 2000 on the www.silverspringscommunity.com website.  Noland motioned to accept and to follow these Bylaws until new ones are written and approved by the General Membership, are then signed by the 13 subdivision presidents, and again recorded at the Summit County Recorder’s Office.  “Nancy Samson seconded the motion.  All present were in favor, the motion carried.”

— September 12, 2008  – Attorney at Winder & Haslam – Lincoln Hobbs Letter – Letter to Michael Winer, SSSFHOA “Chairman”, Winer did not want to be called “President”. ..board members of the Silver Springs Single Family Homeowners Association were under the assumption that the Master Association would be responsible for maintenance of the underdrain system and the Associations’ other common areas.” … “The SSSFHOA removed several sections of (the 1982 CCRs) Article 8 based upon an assertion that “the responsibilities described in the deleted sections have been transferred to the Master Association.”

September 22, 2008: Bill Noland and Michael Winer presented to the Master Association board the underdrain system report and a letter regarding this system written from attorney Lincoln Hobbs though that Board has nothing to do with any underdrains. Hobbs letter cost the SSSFHOA $2,000 but Winer and Noland are keeping its contents under wraps, even other board members have not had access to its contents. 2009- Found the Lincoln Hobbs 2008 letter to Michael Winer. — responsibility for underdrains as common areas is disputed by attorney Edwin C. “Ted” Barnes.  Each of the attorneys engaged to provide their opinion has been at odds with the other attorneys’ opinions.  Expensive waste of Homeowner money.  Only the Homeowners have the legal right to decide whether they want to take on the Developers’ 1979-1982 responsibility.

–September 11, 2014 – Letter from Summit County Deputy Attorney Dave Thomas  to Lucy Archer and Rick Hovey:  “In discussing this with Derrick Radke [Public Planning Director], the ownership and maintenance of the underdrains is a private matter between the land owners within the various subdivisions [of Silver Springs East] and the owners [Master?] association.  What the County can definitively state is that such underdrains are not public improvements owned or maintained by Summit County.”     [Sept. 4 to 11, 2014]

— October 14, 2014 – Attorney at Clyde-Snow – Edwin C. “Ted” Barnes Letter – read by Rick Hovey at October 2014 SSSFHOA Annual Meeting. ” I was advising your master association (conflict of interest to represent the MA and the SSSF since both have uncertainty which is responsible for underdrains maintenance)  and had to respond to emotional arguments, often not constrained by the facts”…

Third, the most active water in Silver Springs may be due to artesian activity created by karstification, or fast flowing water along the surface planes of substrata sandstone.  When the large 20 acre lake was drained in 2006 it was noted that around a dozen artesian wells were active in that area.  Real estate agents and builders have told me about lots that have or may have this activity.  The lateral underdrains system will do little to remedy a vertical water fissure, however, the rapid water flow of the underdrains may be speeding the effect of karstification of underground rock layers.

DOES IT MAKE SENSE TO ENGAGE IN INTENTIONAL REMOVAL OF OUR PRECIOUS AND QUICKLY DIMINISHING RESOURCE, OUR AREA GROUND WATER?

   In the United States 80 to 90 percent of available fresh water comes from groundwater.
In 2002 a brilliant experimental NASA satellite was launched to work like a big water measuring scale in the sky.  It is known as G.R.A.C.E.  GRACE stands for gravity recovery and climate experiment.  Water has mass, it affects the pull of gravity.  When water moves around it changes the gravity field in areas of land so GRACE can tell whether, and how much, an area has gained water weight or lost it.  Scientists can then subtract out the amount of rain and snowfall there, and what’s left are the changes in groundwater.
GRACE is confirming what geological survey measures have shown, but giving a broader and more frightening picture, since it shows that the rainy years are not making up for the losses.   When large amounts of  groundwater are pumped out and removed a geological survey will indicate this water removal is causing a serious problem: parts of the ground will literally sink.  This sinking of the ground is called subsidence.  The ground basically collapses or compresses down and the land sinks.  If the defunct underdrain system is reactivated are we creating a subsidence problem?  Would we be better off continuing to expect homeowners to install individual French drains and sump pumps?   http://www.cbsnews.com/news/depleting-the-water/

http://drought.unl.edu/MonitoringTools/NASAGRACEDataAssimilation.aspx

Summit County, Utah extreme soil moisture dryness indicated by maroon and red.
http://drought.unl.edu/nasa_grace/GRACE_RTZSM.png

—Bedrock Geology of Snyderville basin: Structural geology techniques applied to understanding the hydrogeology of a rapidly developing region, Summit County, Utah.  Published by the U.S. Geological Survey.  1997, Keighley, K.E.; Yonkee, W.A.; Ashland, F.X.; Evans, J.P.

—-Dames & Moore – November 24, 1978 Geotechnical Report for J. J. Johns & Associates on behalf of the Silver Springs East Developer, Vern C. Hardman and associates.  The 1978 report for Silver Springs East will be very different today in 2014 — 36 years later.

All engineering reports provided during the 1970’s  to 1984 are outdated and no longer describe the land and water attributes present in Silver Springs today due to the construction of various retention ponds (lakes), water diversion channels, storm drains, curbs and gutters, sewer lines, streets, houses, landscaping, Swaner Nature Preserve, Willow Creek and all manner of construction uphill from Silver Springs . 

—Forsgren-Perkins Engineering, letter from Klane Forsgren to Stan Strebel, County Planning Office, May 7, 1979 . Topics:  Roads, rolled highback curbs and gutters to be installed in the Silver Springs East development, ground lying east of Highway 224 as shown on the Silver Springs Master Plan;
—Forsgren-Perkins Engineering letter from Klane Forsgren to Stan Strebel, on June 19, 1979. Topics: Phase 1B; concerns about the areas water table; two creeks on the east and west side of Phase 1B to be relocated outside of bounds of this phase;–
Forsgren-Perkins Engineering letter from Klane Forsgren to Stan Strebel, on August 9, 1979. Topics: Phase 1A; inspection performed;
—Forsgren-Perkins Engineering letter from Stan Postma to Stan Strebel, on May 30, 1980. Topics: Phases 1A and 1B; visual inspection of Silver Springs drain lines; supplementary line between Lots 17 and 18, and west edge of Lot 36 which runs along the drainage channel there, into manhole #14.
—Forsgren-Perkins Engineering letter from Klane Forsgren to Stan Strebel, on May 21, 1982. Topics:Phases 1A and 1B underdrain system were inspected for escrow release; understanding that the Developer’s HOA Bylaws forbid basements; groundwater has generally been lowered to about seven feet in places; water pooling at north end of Lot 94, a planned drainage channel has not been built; recommend a release of the associated escrow fund with two reservations: 1) that developers HOA be made responsible for entire underdrain system. 2) clear 1B manholes of debris and underdrain outlet be exposed and made flush with the [Willow Creek] stream bank, and hole on Lot 94 be covered with rigid material. etc.

1986– “Water Resources of the Park City Area, Utah With Emphasis on Ground Water”  by Walter F. Holmes, Kendall R. Thompson, and Michael Enright.   U.S.G.S. Technical Publication No. 85, 70 pages. Last Modified: December 13, 2016 09:32:51
-“Potential Effects of Increased Withdrawal of Ground Water From Consolidated Rocks” (such as the discharge of large volumes of water from the SSSF underdrain system) are decreases in the discharge (decrease) of water of local springs and streams, water-level declines in wells (2016 SS well on west peninsula of the large lake is now 500′ deep and nearly dry), and downward movement of poor quality water displaces refresh clean aquifer water.”
This study shows us the discharge of 300-400 acre feet of valuable water a year through the underdrains has wasteful consequences not only for our neighborhood’s natural health but it also diminishes the water resources of many surrounding neighborhoods, streams, wells, and aquifers. An acre foot of water is the volume of water necessary to cover one acre of surface area to a depth of one foot. It is equal to exactly 325,851 U.S. gallons.
An average household uses between one-half and one acre-foot of water per year for indoor and outdoor use. In one year the underdrains waste enough water for each family in Silver Springs for two years

1998– Hydrology & Snowmelt of Snyderville Basin, etc. Publication 115, 93 pages. Dept. of Natural Resources & Div. of Water Rights. 1998-Hydrology-snowmelt-SnydervilleBasin-USGS.pdf   Prepared by Ted Stewart, Robert L. Morgan.

Marquis Construction Bid Proposal for underdrain manhole repair for Lot 42 on May 14, 2007

—  2008-June 5 –SSSFHOA GROUND WATER UNDERDRAIN (SUBSURFACE  SYSTEM) –  Installed only in Phases 1A and 1B.

—November 2013 – Letter to SSSFHOA Homeowners describing aspects of underdrains.  When viewing on a screen Noland’s videos of water running through pipes beneath our neighborhood it is important to note whether the pipe is smooth, 10-12 inches in circumference and light tan colored, these are the storm drain pipes.  If the video is of the water inside the underdrains those pipes are corrugated, perforated, 6-8 inches in circumference and black.  That is a very important difference.

—2014-July 11 –Alliance Engineering Inc. – Proposal from John Demkowicz to Silver Springs HOA
 Topics: Proposal consists of three phases.  The trustees desires to locate the underdrain pipe system and access the 28 manholes, to conduct an inspection of the pipes, and to prepare recommendations on future improvements and inspection procedures to insure a properly functioning system.

—September 29, 2014 –Alliance Engineering, Inc. – Michael Demkowicz letter re: Modified Work Order
Scope of work:  to locate and mark 26-28 manholes at a cost of $3,000. by the end of  October 2014.

—April 21, 2015 – Oxford Journals – Radiation Protection Dosimetry – Effect of soil moisture on seasonal variation in indoor radon concentration. Rose et al. have studied seasonal variation in different temperature, soil type, and soil moisture regimes in the USA. The study concludes that among the many effects of water on soil gas radon, the effect of the varying proportion of pore space occupied by water appears to be among the largest and most universal. The study estimates that soil gas radon will be most elevated by moisture effects in the eastern USA. In some states, the summer concentration of soil gas radon was predicted to be higher than the winter concentration…due to the drying of the soil.  Numerical modelling of radon entry has provided valuable information on the effect of soil permeability and moisture on radon entry.

Soil moisture and drying affect the transport properties of soil air. Measurements and modelling studies of Grasty indicate that because of long periods of low precipitation during hot, dry summer months, and the natural and unnatural (underdrains) drainage of  groundwater from soils such as clays reduces soil moisture which in turn allows fractures to develop and radon to migrate easily through the ground.  The role of soil moisture as a factor affecting the observed degree of temporal variation in indoor radon concentration is a concern and basis for this study.

Water movement in soil occurs in the pore volume. The pore volume  movement consists of micropores in silts and clays.  Air permeability of the soil is the most important factor affecting the flow rate of radon-bearing soil air through gaps in the base floor into living spaces. Low permeability soils containing measurable, desirable levels of moisture, such as damp, sticky, pliable clay and silt, reduce fractures in the soil eliminating or reducing leakage air flow of gas radon into living areas.

Diagram from original 1979 “as built” Silver Springs Underdrain drawing with a
4 ft wide drain planned to be installed across the length of  residential lots

 SILVER SPRINGS PHASE 1A “as built” design maps for Underdrain System

In 2014, bio-hydrologist John Connolly studied this system and has determined that these maps do not accurately represent the system as it was built and as it exists in our neighborhood today.
These maps are placed here as the only physical history drawings of the design records of the defunct underdrain system.

Five homes would be impacted on front and backyards.
Click on links  or maps  to enlarge maps.
SILVER SPRINGS PHASE 1B Underdrain System & Channel Relocation Numbered
3B of 30, signed by Lon Stalsberg c. 1978 .  This rendering numbers the manholes (lots?)
differently than the recorded plats. Unknown whether work was completed on segments and manholes 4A or 7B.

Darker lines represent where the underdrain system is thought to be.
The dark lines also represent where the digging would be done.
https://www.silverspringscommunity.com/wp-content/uploads/ss1b-underdrain
-system-1979proposed.jpg

SILVER SPRINGS EAST DEVELOPER D.I.A. AGREEMENT FOR 1978 UNDER DRAIN SYSTEM
HAS BEEN ABANDONED SINCE 1982 WHEN THE D.I.A. AND BOND EXPIRED. 

Document History regarding Silver Springs Underdrain System
Amended Declaration of CC&RsEntry 244975 Book M370 Pages 267-275.  Signed by Silver Springs Board of Trustees: Bill Ligety, Dale Boschetto, Ron Kobler, Lucy Murphy (Archer), Fred Wasilewski, Gregory Vinson, Elmer “Buz” Sandberg and approved by a majority of the Association Members:

On October 14, 1985 at the organization of the SSSFHOA “Page 273: “All Declarations relating to the Silver Springs Development Subdivision were repealed” (that is the Developer’s HOA) at this meeting and approved by the majority of the association members. ” All references and responsibilities by the SSSFHOA for the underdrain system were hereby repealed.

The pro tempore 1978 underdrain system Developer Interface Agreement between the Developer and Summit County expired and was abandoned in 1982 simultaneous to when Summit County returned the $150,000 bond to the Developer.

In  1985 all prior CCRs, Amendments and Agreements were repealed when the SSSF HOA was organized.  The majority vote of the Owners’ rejected the underdrains in their new 2008 Articles of Incorporation Entry 1088723; and again voted against the underdrains in 2014, 2018 and 2019.

The Subdivision has a storm drain system/drainage channels, sewer system, retention ponds, and curbs/gutters intended as conduits to collect seasonal flowing water and snow melt.  CCRs state that each individual homeowner is responsible for their own irrigation and anything within their property lines and easements.  None of the Summit County and contiguous subdivisions to Silver Springs have this type of underdrain system.  Summit County Building and Planning reported that no other county subdivision has underdrains.

IN  2014 THE SUMMIT COUNTY
ATTORNEY WROTE TO THE TRUSTEES THAT THE OWNERSHIP AND
MAINTENANCE OF THE UNDERDRAINS IS A PRIVATE MATTER
BETWEEN THE LAND OWNERS AND THE OWNERS’ ASSOCIATION.
THE TRUSTEES REQUIRE VOTED AUTHORIZATION FROM THE
HOMEOWNERS ON WHETHER TO IGNORE THE UNDERDRAINS
OR MAINTAIN THEM. FIVE TIMES, in 1985, 1994, 2008. 2014, 2019,
THE HOMEOWNERS HAVE VOTED TO IGNORE THEM.
SSSF Homeowners Have Consistently Voted NOT to adopt the Underdrains as a liability of our HOA.

Click on Alliance Engineering November 11, 2014 map to enlarge view.
Check maps and “as built” plats above to find your lot and its proximity to the underdrains and manholes.
The contract with Alliance Engineering was never presented to the Homeowners for approval.

If you  want to make a comment, provide input…… email to me at [email protected]

   LINK FOR THE  2017 – December Updated 2 page underdrain flyer