HIGHLAND PARK NEIGHBORHOOD ASSOCIATION, INC. 7075 Campus Drive, Suite 200 Colorado Springs, CO. 80920 (719) 598-3198/fax 598-2337 Email: [email protected]

August 1, 2004

It hardly seems possible, but Summer is on the downhill slide already. School starts scant weeks away, and before we know it the leaves will be turning. We hope this letter finds you well. If there are issues you would like to see addressed in future newsletters, please let us know. Thank you!

HIGHLIGHT ON COVENANTS: We have received/observed a number of complaints of late about covenant violations. This has brought about concerns over enforcement of the covenants.

Covenant compliance and enforcement are the duties of every property owner. It is not just the HPA's job to enforce the rules. The covenants are part of the formal "contract to purchase" which everyone signed when they bought, enforceable by law. Even if an owner does not agree with all of the covenants, these are the rules they agreed to live by when they bought in Highland Park. They constitute a promise by each owner to everyone in the community to abide by their tenants. Owners who are unwilling to do so should move elsewhere.

If you see a covenant violation, talk to the violator about it. They may not even know they are doing something wrong. If you cannot gain compliance, then it is appropriate to report the matter to the HPA. If you want others to live by the covenants and to have a nice subdivision (unlike many in the Black Forest which no longer enforce their covenants), individuals and the HPA alike must enforce them. Here are a few issues we've heard about:

1. ATVs Someone was seen riding an all-terrain vehicle around on their lot. Section 14 (Nuisance) of the covenants specifically requires that vehicles be operated only on the roads to preclude erosion (don't want any dirt tracks) and noise pollution.

2. DOGS: We have had numerous complaints about dogs being allowed to run loose, including a pit bull. This is not only unneighborly, but if the dog hurts someone the owner will be in big legal trouble. Many insurance companies are now refusing to insure property owners against dog-bite claims if they have dogs that are considered the "aggressive breeds," so letting them run loose can be economically ruinous.

Section 22.B. of the covenants states: "Cats and Dogs shall not be permitted to run loose and shall be kept under control of owners at all times . . ." Because Highland Park is not serviced by the Humane Society, they will not come to pick up wandering animals. However, if you catch one, you can take it to the shelter and they will accept the animal. When the owner mus pay to get the animal back, they may start being more responsible. Some people may take more extreme measures, and unwelcome visiting pets just don't come back home. While we do not condone killing of others' animals, it may happen if one allows their animals to roam. Please be courteous and keep your pets on your property.

It is our understanding that we can request that the County add us into their animal control area if a majority of owners want it. Please send us an email stating whether you do or do not want animal control in Highland Park (1 vote per lot, please). If more than half indicate support for the idea, we will make the request of the County.

HPA Newsletter 8/1/04 3. VEHICLES: People are not keeping their cars parked in their garages, as required by the covenants. We have said in previous letters that during the early years, while people are moving in and their garages are full of boxes, that we would relax this rule. However, it appears that some are taking unfair advantage of this by leaving vehicles out routinely, after having been in the house for some time. We will begin sending letters to violators and asking for voluntary compliance, prior to taking the less-desirable legal route, which costs the Association in attorney fees, and eventually costs the property owner if the Association has to pursue reimbursement for enforcement costs.

One owner said he cannot comply because his third garage bay is full of other stuff, so he would need a storage shed to move it into. Fortunately he has an option - to construct an accessory building between 400 and 1000 square feet in size, according to the protective covenants (storage sheds are not permitted). Otherwise he should move his vehicles off the property.

4. CONSTRUCTION: We have had a number of instances of construction being started without first obtaining written ACC approval, as required by the covenants. Please get any exterior project (buildings or additions/remodels, driveway pillars, landscaping, etc.) approved in writing prior to starting work. This precludes the possibility that a non-approved improvement might have to be removed after the fact.

COVENANT ENFORCEMENT COMMITTEE: Issues like these indicate that we have probably reached the point where we need to consider forming a covenant compliance committee. This would be a formal Association committee tasked with keeping an eye on the neighborhood, and providing written notification to owners who are in violation. If the violators do not voluntarily comply, the committee will notify the Directors that further [legal?] action is required. The Directors can then take appropriate action, ensuring due process for the violator.

Participants on such a committee should be reasonable people with a desire to see the covenants enforced. They also need to be residing in Highland Park, so they see what goes on daily. Zealots, out to wield power or get even with neighbors, are not a good choice. If you would be willing to participate on this committee, please send your resume to the HPA Board of Directors at the address or email address above. Even if you are not selected to be on the committee, we appreciate your efforts in reporting or correcting violations.

POOLS: Most of you received an email a month or so ago, regarding a call we got from the District 10 Water Commissioner, saying that no swimming pools could be installed in Highland Park. We passed this on, because we knew of several owners contemplating them. We have always made it clear that no well water from Highland Park wells can be used to fill or maintain pools, so anyone wanting a pool would have to truck the water in.

We consulted with a water attorney, whose opinion was that there is no legal prohibition against having a pool, provided that the owners do not "cheat" by using their wells to fill or top off the pools (they will require regular topping off due to evaporation). The Water Commissioner admitted that this is technically correct, but says that enforcement would be difficult, at best, which is why he did not want pools. Cheating will show up in the metered water usage on a lot with a pool, and cheaters will be turned into the State. Penalties may include having their wells curtailed, legal action and fines, and removal or filling in of the pool. Well use violations by individuals can affect all of Highland Park, so the HPA must take action against cheaters to protect our water rights decree/augmentation plan, so if you see a pool owner using their hose to fill a pool, please report it.

A few wanted to know where the Hunsingers (Lot 19 / 6925 Forestgate Drive) got their water from for the pool in their yard. They said they bought from a company in Woodland Park called Gold Rush Water (576-8978 / 687- 9769), who would deliver to Highland Park. Those intending a pool should consider including an underground cistern for water storage to preclude having to pay for regular deliveries of water.

HPA Newsletter 8/1/04 Page 2 FENCING: A number of owners have asked to be able to fence their lots. The covenants preclude this, with the specific goal of keeping the land substantially open and unfenced. The covenants do allow some fencing, which is typically kept toward the rear of the house. In one case, the Architectural Control Committee (ACC) permitted a bit of fencing to the side of a house to accommodate a walkout basement doorway, but it is still toward the rear (and the bulk of it is behind the house). Fenced areas should be limited in size, and any areas of privacy fencing (typically 5- 6 foot cedar) are limited to 400 square feet. Fencing plans must be approved in writing by the ACC prior to being built.

ENTRANCE / LANDSCAPE MAINTENANCE: We have a new landscape maintenance company. Green Thumb (632-5184) is actually owned by a Highland Park resident, which gives them added incentive to do a good job. So far, we have been happy with their efforts in maintaining the entrances along Vollmer and Black Forest Roads. They are also working on some ideas for landscaping the roundabouts. Unfortunately, we cannot place anything in the roundabouts higher than 18 inches (County rules), so we are somewhat limited in creativity.

Little London is in the process of having another subdivision entrance built at the NE corner of Lochwinnoch and Vollmer. The stone is at the engravers now, and should be in place sometime in August. If you observe that any roundabout or entry lighting is out, please call Doug Barber at 598-3198. Thanks!

TRAIL: You may have seen stakes with green tops popping up along some of the roads. These are indicating the route of the trail system, which will be 4-5 feet wide (about like a sidewalk). After review with the Parks Department and others with experience, it was decided that the trail should be of packed gravel construction (asphalt would be a maintenance nightmare). Construction should start in August, after things dry out a bit. The trail will meander due to the many ditch and driveway crossings, but it should be a nice amenity when done. If you have a lot which will be affected, and have questions, please call Doug Barber.

MOWING: With the drought these past few years, we have not had to mow as much, but the plentiful rain this summer has provided us with lots of grass to cut. It has also filled our lake up again (saw a Blue Heron there recently), which is a blessing to us all, especially since it provides part of our emergency fire protection water.

As you know, Section 16 of the covenants requires each lot owner to mow their lot periodically to maintain a park- like appearance in Highland Park, as well as to keep down noxious weeds and reduce fire danger. It is obviously difficult to do when wet, but as things dry out in August, we will expect to see mowing done. Little London expects to be mowing its lots around the end of August or early September. If you would like their contractor to do your lot while he has his equipment in Highland Park, contact Doug Barber. Those who have not mowed their lots by late September will be contacted by the HPA to have them mowed at the owner's cost.

WHERE DID THEY GET THESE STREET NAMES? This has been a common question, so the developer, Little London, LLC, has provided the following to inform HPA members. Highland Park was designed on a Scottish theme. The gently rolling high plains are reminiscent of the Scottish moors, and the land, when mowed, looks like a park. Native rock was used at the entrances (yes, it is solid rock, not veneer on concrete block), and the County required the use of rock-lined ditches in some areas. Accordingly, Scottish names seemed to fit for the roads. The exception to this is Forestgate, which describes our location as the [beautiful] gateway to the Black Forest. Here are the others:

HPA Newsletter 8/1/04 Page 3 Cairngorm Way: A cairn is a mound of stones stacked by travelers, either as a memorial or to mark a trail. The are the highest mountain range in Scotland, and became a 1400 acre National Park in 2003 (Scotland's second National Park). Located in northern Scotland, the Cairngorms are among the last great wildernesses in this country, and the entire range is Britain's largest Nature Reserve. Large parts of this mountain landscape are protected by European Environmental Law, and they are a popular tourist destination (you can even ski there).

The kilt pin became fashionable in the 1800s, Cairngorms & Lochavon and has continued to this day, universally worn on all kilts or kilted skirts. Highlanders invariably elaborated the metal parts of their wearing apparel either by the use of precious metal or by introducing Cairngorm stones, polished pebbles or jewels; and this practice later extended to kilt pins. The Cairngorm Brewery Company brews local ales using the clear waters from the Cairngorm mountains.

Lochwinnoch Lane: Lochwinnoch, a picturesque Renfrewshire village, is close to Howood and Castle Semple Country Park. The village is surrounded by stunning scenery, as well as being an ideal location for those interested in Scottish wildlife and wildfowl. Located just 20 miles southwest of Glasgow it can be reached easily by road, train or bus. The cycle track from Glasgow to Irvine runs through the village and so provides easy access to the more energetic visitors who prefer to make their own way! Village scene in Lochwinnoch

Killearn Way: Killearn is a village and parish of about 2,500 nestled under the Campsie Fells in West Central Scotland (just northwest of Glasgow). It boasts the most southerly highland malt distillery in Scotland at Dumgoyne.

One of the four churches in Kilninver Court: Kilninver village lies south of Loch Killearn Feochan on the west coast of Scotland, about 8 miles south of Oban. It is a popular area for estates and tourists seeking holiday cottages near the sea.

Cottage in Kilninver Loch Fyne Lane: Located in the county of Argyll on the west coast of Scotland, Loch Fyne is considered to have some of the best seafood in the world. At 41 miles long it is just short of being Scotland's largest sea-loch, and is popular with scuba divers. Loch Fyne view Loch Linneh Lane: A loch is a lake, similar to a fjord, shaped during the glacial period. Loch Linneh, in northwestern Scotland, stretches from Fort William to the seashore. Fort William is a romantic little town on the north end of the lake, with cobblestone streets. It is a popular hiking and biking area. The Southern Lass takes visitors on a tour of the lake, which is a beautiful blue color, surrounded by wonderful bens (a mountain or hill), meadows, glens (a valley), and forests. Loch Linneh

HPA Newsletter 8/1/04 Page 4 Lane: Braemar is a town in north-central Scotland, about halfway between Loch Ness and Aberdeen. Braemar, or Braigh Mharr in Gaelic (which finally died out locally as a spoken language about 1900), is the highest and most mountainous parish in the UK, with each of its 182,000 acres being more than 1000 feet above sea level (the Post office, in the village centre, is at 1110ft). The area contains within its borders some 24 Munros, or mountains of over 3,000 feet, with 3 over 4,000 feet. It has the highest 18-hole golf course in the country, and has Cairnwell Pass, at 2,100 feet the highest through road in the country, which on the Braemar side passes through the Glenshee Ski Centre.

Braemar and Crathie parishes have been a playground of kings and nobles since The Braemar Gathering and the dawn of Scottish history. In the heart of the village lie the ruins of the great Highland Games castle of Kindrochit (“The Head of the Bridge ”). Nearly a thousand years ago it commanded all the glens leading in and out of the area - Glenshee to the south, Aberdeen to the east, and Lairig an Laoigh to the north and Glen Tilt and Glen Feshie to the west. It was around this strategic bridgehead that the little village grew.

Over a hundred years ago, Queen Victoria chose Deeside as her holiday center, and successive generations of the Royal Family have followed her example. The area is popular with vacationers seeking the clear air, majestic scenery of mountains and rivers, and the many and varied sporting activities. The Highland Games are a popular annual event.

Braemar Castle is situated amidst the magnificent splendor of the Cairngorms on Royal Deeside, about a half mile northeast of Braemar. This impressive fortress was built in 1628 by the Earl of Mar on the site of an even older habitation. A former seat of local government, it was later transformed into a residence of unusual charm. It is a popular wedding site today. Braemar Castle Ben Tirran Court: Hikers, the world over, come to the to walk its hills. This one is due north of the east cost seaport of Dundee. Ben Tirran is a hill and mountain route recommended for the more experienced walker. The route passes a small pine wood and climbs steadily towards the hidden scoop of Loch Brandy, before following a craggy edged spur. Enjoy the stunning views of the cragged buttresses of Mayar and Dreish and the black pin of the Airlie Memorial tower. View from Ben Tirran

Lakenheath Lane: Lakenheath is not in Scotland, but is part of the UK, and gives a nod to the historic use of part of Highland Park as an airfield (portions of Filing 2 used to be the home of the Black Forest Gliderport).

With Germany beginning another military buildup, the Royal Air Force began searching for suitable aerodrome locations. Other areas were initially chosen as operational sites, but when the war broke out, the RAF identified a need for additional sites and chose Lakenheath Warren as a suitable area for a decoy airfield. A number of dummy aerodromes were developed to confuse enemy aircraft. False runway lights and aircraft made of plywood were quickly constructed and actually succeeded in luring Luftwaffe crews away from nearby RAF fields, as German crews bombed or strafed RAF Lakenheath on at least five different occasions. Still, despite RAF Lakenheath’s success as a dummy site, the RAF continued with plans to construct an airfield in 1940.

HPA Newsletter 8/1/04 Page 5 In late 1940, engineers began constructing the new airfield. By early 1941, three runways, as well as several hangars. Between February and April 1942, No. 149 Squadron moved to Lakenheath from Mildenhall and began flying combat bombing operations over occupied Europe A second unit arrived at Lakenheath June 20, 1943. By mid-1944 both squadrons, which had played a major role in damaging the German's "V" weapons plant, had departed to other stations, with Lakenheath serving in a support role until the RAF closed the runways for construction to facilitate the arrival of British or American heavy bombers.

RAF Lakenheath reopened in the spring of 1947 and began receiving British support and instruction units. A top secret memo from the Air Ministry July 28, 1948, however, would have a permanent impact on the station. It stated that Lakenheath was to be immediately prepared to receive an American B-29 group of 30 aircraft and 750 personnel. By mid-August, elements of the 2nd Bombardment Group had arrived as a show of force to the Soviet Union who were espousing threats of expansion into western Europe. Between August 1948 and January 1960, a number of bomber and fighter bomber units were temporarily assigned to Lakenheath as part of Strategic Air Command’s Cold War rotation. Further, the U.S. Air Force assumed administrative control of the base May 1, 1951, when SAC’s 3909th Air Base Group activated to support the unit rotations.

RAF (Royal Air Force) Station Lakenheath, United Kingdom, is located 70 miles northeast of London and 25 miles from Cambridge. Nearly 5,000 US military personnel and 2,000 American and British civilian employees are assigned to the base. RAF Lakenheath is the largest US Air Force-operated base in England and the only US Air Forces in Europe (USAFE) F-15 fighter wing. RAF Lakenheath is home of the 48th Fighter Wing, equipped with two squadrons of F- 15E and one squadron of F-15C aircraft. Lakenheath operates a regional medical center and oversees support services for nearby RAF Feltwell, home of Air Force Space Command's 5th Space Surveillance Squadron.

WEBSITE: The HPA would like to thank The Rawhide Company, REALTORS® for maintaining the HPA website. Rawhide has made this available to us at no cost. If you need copies of any HPA or Highland Park subdivision documents, they are posted at www.rawhide.net. Click on Highland Park, and they are in the document archives. We plan to post past issues of the HPA newsletters, as well, since we continually get new HPA members who may not know as much as existing members.

In parting, thank you all for your contribution in making Highland Park the best place to live! No matter how nice the neighborhood and the homes look, ultimately it only develops a sense of community if the people are involved with one another. For example, we just learned that we have an owner who is learning to play the bagpipes (how fitting for Highland Park). We hope you meet the folks who share your neighborhood, and are sure that you will enjoy them.

We hope you enjoyed this latest newsletter. Thanks for reading. We wish all our families a great rest of the Summer.

Highland Park Neighborhood Association, Inc.

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