The Jessie L. Pavlica Trust (“Declarant”) is the sole owner of real property more particularly described as being 957.376 acres located in the E½ NW¼ and S½ of Section 14; the N½ NW¼ and E½ of Section 23; and the SW¼ NW¼, W½ SW¼ and SE¼ SW¼ of Section 24, all in Township 11 South, Range 63 West of the 6th P.M., El Paso County, Colorado, currently known as 17144 McClelland Road, Calhan, CO, as depicted on the plat map attached as Exhibit A, and incorporated by this reference known as the Pavlica Country Estates (the “Subdivision”). The Declarant desires to place limited protective covenants, conditions, restrictions, and reservations upon the Subdivision to protect the Subdivision's quality residential living environment, to protect its desirability, attractiveness, and value, and to ensure compliance with all applicable groundwater determinations concerning water and water rights to be utilized within the Subdivision.
The Declarant hereby declares that all of the Subdivision as hereinafter described, with all appurtenances, facilities and improvements thereon, shall be held, sold, used, improved, occupied, owned, resided upon, hypothecated, encumbered, liened, and conveyed subject to the following reservations, uses, limitations, obligations, restrictions, covenants, provisions and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Subdivision, and for assurance of legal water usage, and all of which shall run with the land and be binding on and inure to benefit of all parties having any right, title or interest in the Subdivision or any part thereof, their heirs, successors and assigns.
NOW, THEREFORE, the following Declaration of Covenants for the Subdivision is made:
1. Maintenance of Lots/Property. It shall be the duty and obligation of each owner of a lot within the Subdivision, at such owner’s expense, to beautify and keep neat, attractive, and in good order such owner’s residence and the exterior portions of the dwelling thereon, and to maintain, repair, and replace the same.
2. Property Uses. All lots within the Subdivision shall be used for private residential purposes limited to one residential structure, and no portion of the Subdivision shall be used at any time, either temporarily or permanently, for any other purpose. Notwithstanding the foregoing, home-office type purposes may be permissible under El Paso County zoning and land use regulations applicable to the Subdivision, provided that such activities do not result in excessive traffic, parking, or any offensive or noxious activities, or otherwise jeopardize the character of the Subdivision, and the business conducted is clearly secondary to the residential use of the lot.
3. Construction Type. No building previously used at another location, nor any building or structure originally constructed as a “mobile home” type dwelling or manufactured housing (to the extent such structures have the appearance of “mobile homes” or "doublewides"), nor domes may be moved onto any lot within the Subdivision. All construction shall be new. Panels and major house components may be manufactured off-site, provided that the assembly is conducted on-site and the resulting structure does not have the appearance generally associated with manufactured housing. No structure of a temporary character, trailer, tent, shack, barn, garage, storage shed, or other outbuilding shall be used on any lot at any time as a residence.
4. Buildings. No more than four (4) buildings will be approved on any lot within the Subdivision to include the main house and attached garage. Colors of accessory dwellings normally should be the same as that of the home.
5. Nuisance. No noxious or offensive activity shall be permitted upon any lot within the Subdivision, nor shall actions intended to or tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood be permitted on any lot. The keeping of any reasonable number of animals (subject to El Paso County rules and regulations), including, but not limited to, horses, cattle, poultry, swine, or other domestic livestock, shall not constitute a noxious or offensive activity. No hazardous activities may be permitted upon any lot. No annoying lights, sounds or odors shall be permitted to emanate from any lot. Outdoor lighting will be permitted to the extent it does not create a visual nuisance to neighboring or nearby property owners within the Subdivision. Any exterior lighting on any lot shall either be indirect or of such controlled focus and intensity as not to disturb residents of adjacent or nearby lots within the Subdivision. No activities which pollute or have the potential to pollute any well, surface water right, groundwater aquifer, or other water resource shall be permitted within the Subdivision. No activity shall be permitted which will generate a noise level sufficient to interfere with the peaceful and reasonable quiet enjoyment of the persons on any adjoining or nearby lots within the Subdivision.
6. Weeds. Lot owners within the Subdivision are responsible for removing plants infected with noxious insects or plant diseases which are likely to cause a spread of noxious insects or plant diseases to neighboring properties, and for controlling and removing weeds declared noxious by applicable governmental authorities and in accordance with Colorado and El Paso County weed control rules and regulations, whether or not structures have been constructed thereon.
7. Compliance with Laws. Nothing shall be done or kept on any lot within the Subdivision in violation of any law, ordinance, rule, or regulation of any governmental authority or quasi-government entity of appropriate jurisdiction.
8. Water. Water for each lot within the Subdivision shall be furnished by individual wells, installed, operated, maintained, and repaired at the expense of the lot owner. Each lot owner shall be responsible for obtaining and maintaining a well permit from the Colorado Division of Water Resources for the individual well to the not-nontributary Denver aquifer for provision of water supply to their respective lot. All such Denver aquifer wells shall be constructed and operated in compliance with the respective well permit, and all applicable rules and regulations of the Colorado Division of Water Resources, and all applicable statutory and regulatory authority. The Subdivision is subject to the obligations and requirements set forth in Findings and Orders of the Colorado Ground Water Commission. Those Findings and Orders include the Determinations of Water Rights Nos. 4243-BD (as concerns the Denver aquifer); 4242-BD (as concerns the Arapahoe aquifer), and 4241-BD (as concerns the Laramie-Fox Hills aquifer) issued on October 19, 2021, and recorded at Reception No. 221200672 of the El Paso County Clerk and Recorder, and the Determinations of Water Rights Nos.4246-BD (as concerns the Denver aquifer); 4245-BD (as concerns the Arapahoe aquifer); and 4244-BD (as concerns the Laramie-Fox Hills aquifer), issued on November 11, 2021, and recorded at Reception No. 221202711 of the El Paso County Clerk and Recorder. All Determinations are incorporated herein. The Determination of Water Rights concern the water rights and water supply for the Subdivision and creates obligations upon the lot owners, which run with the land.
9. Utilities. All utilities within the Subdivision shall be buried underground.
10. Firearms. Discharge of firearms on and within a private range is permitted on a lot within the Subdivision, provided it is conducted in accordance with all applicable laws and ordinances, and is exercised with due care.
11. Driveway Easements. Some lots within the Subdivision are subject to an easement and right of way to allow access to other lots within the Subdivision. The lot owner benefited by the easement may make any reasonable use of the right-of-way, including the use of the right-of-way for burying of utility lines and shall be responsible for maintaining the right-of-way. The benefited lot owner may also fence out the right-of-way, and pave or otherwise use any reasonable material on the surface of the right-of-way, at the sole cost and expense of the benefited lot owner. The lot owner burdened by the easement may not unreasonably interfere with the benefited lot’s use of the easement and right-of-way and shall make no use of the right-of-way without permission from the benefited lot owner.
12. Use of Off-Road Motorized Vehicles. Off road motorized vehicles, including but not limited to, dirt bikes, off-road motorcycles, quads, side-by sides, and ATVs, may be used by an owner their lot, provided the use occurs during daylight hours only and does not create a nuisance such as excessive noise or dust.
13. Fencing. Each lot owner within the Subdivision shall be responsible for fencing out their property. All fencing shall be kept in good repair and the material used for any fencing shall be similar or better fencing as is commonly used for livestock fencing.
14. Marijuana Cultivation and Use. No Owner or occupant of a lot within the Subdivision may utilize any portion of a lot for the purpose of cultivation or production of marijuana, including medical marijuana, for other than their own personal use as allowed by applicable laws and ordinances. If a lot owner or occupant grows or produces marijuana for personal use only, such operation must not create a nuisance and must be in full compliance with state and local laws and ordinances. No lot owner or occupant may use any portion of a lot for the distribution or sale of marijuana.
15. Amendments. No changes, amendments, alterations, or deletions to this Declaration may be made which would alter, impair, or in any manner compromise the water rights of the Lot Owners without the written approval of said parties, El Paso County, and from the Colorado Ground Water Commission or other regulating authority with authorized jurisdiction.
16. Recordation of Amendments. Each amendment to this Declaration must be recorded in the records of the Clerk and Recorder for El Paso County, Colorado, and the amendment is effective only upon recording.
17. Enforcement. Any aggrieved Lot Owner is hereby granted a right of action against any Lot Owner who fails to comply with the provisions of this Declaration. Additionally, El Paso County may enforce the provisions set forth in this Declaration, should the Lot Owners fail to adequately do so. In any action maintained under this paragraph, the prevailing party shall be awarded its reasonable attorneys’ fees and costs.
18. Terms of Covenants and Severability. This Declaration shall run with the land and shall remain in full force and effect until amended or terminated, in whole or part, by the owners of the entirety of the Subdivision (i.e., all lot owners), and filed for record with the Clerk and Records of El Paso County. If any portion of this Declaration is held invalid or becomes unenforceable, the other Covenants shall not be affected or impaired but shall remain in full force and effect.
19. Captions. The captions contained in this Declaration are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope of the Covenants or the intent of any provision thereof.
20. Waiver. No provision contained in this Declaration is abrogated or waived by reason of any failure to enforce the same irrespective of the number of violations or breaches which may occur.