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RECEPTION#: 699129, R: $0.00, D: $0 00
DOC CODE: COVENANTS
Pg 1 of 3, 12/06/2023 at 02:04:03 PM
Ingrid K. Grueter, Pitkin County, CO
RESTRICTIVE COVENANT
Scott N. Resnick
r fir-.)
THIS RESTRICTIVE COVENANT is made and entered into this ! 9 day of C ., 2023, by Scott
N. Resnick (hereinafter referred to as "Owner"), regarding Lot 2 of the Richard R. Woods Lot Split
located in the County of Pitkin, State Parcel Identification Number 2735-033-01-002, and the BOARD
OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO.
WITNESSETH:
WHEREAS, Scott N. Resnick is the owner of the real property situated in Pitkin County,
Colorado, described as Lot 2 of the Richard R. Woods Lot Split as described on the amended plat of
record in Plat Book 31 at Page 21 of the real property records of Pitkin County, Colorado, and addressed
as 1333 West Buttermilk Road (referred to herein as "the Property").
WHEREAS, as a condition of the approval granted by the Community Development Director of
Pitkin County, Colorado for Activity Envelope and Caretaker Dwelling Unit, in Administrative Decision
038-2023, the Owner is required to enter into this Covenant; and
NOW THEREFORE, the Owner does hereby publish and declare that the following terms,
covenants, conditions, easements, restrictions, uses,limitations and obligations shall be deemed to run
with the land, shall be a burden and a benefit to the Owner, its successors or assigns, and any person or
entity acquiring or owning an interest in the Property or any portion thereof.
1. No Further Subdivision. The Property is hereby restricted against any further subdivision into
smaller lots at any time, notwithstanding the underlying zoning. No owner of the Property shall
be allowed to subdivide the Property into smaller lots or convey or encumber the Property in any
less than the full dimensions as shown on the recorded Plat described above, except for
conveyance of utility or other easements as necessary or desirable for the development of the
Property.
2. Covenant Runs With the Land. The Covenant set forth in this document shall run with the land
and shall be binding upon and inure to the benefit of the owners and their respective heirs,
successors and assigns.
3. Enforcement. The covenants, restrictions and conditions contained in this Restrictive Covenant
may be enforced at any time by the Owner, as the owner of the Property, it successors or assigns,
or by the Board of County Commissioners of Pitkin County, Colorado. These covenants shall be
enforceable by proceeding for prohibitive or mandatory injunction or action for damages or
expenses of maintenance. Actual damages may not be deemed an adequate remedy for breach or
violation and, in an appropriate case, the Court may award punitive damages. In any action to
enforce any covenant, restriction or condition contained in these protective covenants, the
prevailing party or parties shall be entitled to an award of reasonable attorneys' fees and costs
incurred by the prevailing party in such enforcement action. No violation or breach of these
protective covenants and no action to enforce the same shall defeat, render invalid or impair the
Iien of any mortgage or deed of trust taken in good faith and for value, or the title or interest of
the holder thereof, or the title acquired by any purchaser upon foreclosure of any such mortgage
or deed of trust.
4. Notices. Any notice, consent or approval which is required to be given hereunder shall be given
by mailing the same, certified mail, return receipt requested, property addressed and with postage
fully prepaid, to any address provided herein or to any subsequent mailing address of the party as
12. Further Actions. The parties to this Covenant agree to execute such further documents and take
such further actions as may be reasonably required to carry out the provisions and intent of this
Covenant or any agreement or document relating hereto or entered into in connection herewith.
13. Modifications. The parties to this Covenant agree that any modifications of this Covenant shall
be effective only when made by writings signed by both parties and recorded with the Clerk and
Recorded of Pitkin County, Colorado. Notwithstanding the foregoing, the County reserves the
right to amend this Covenant unilaterally where deemed necessary to effectuate the purpose and
intent of this Covenant, and where such unilateral action does not materially impair the
Declarant's rights under this Covenant.
ll �� IN WITNESS WHEREOF, this Restrictive Covenant is executed this [9 _ day of Oc1€ c
2023.
Ne_w Yar1C
STATE OF kO
Q(A6GN
COUNTY OF AMION
The foregoing instrument
20 , by C c '44. Stni
Scott N. Resnick, Owner
)ss.
)
CAIHERINE o'HARA
Registration 11010H6368508
Qualieed In Queers Courtly
My Commission Expires
October 30,201
was acknowledged before me this % day of a
l4 .
WITNESS my hand and official seal,
My commission expires: r:i .X. ..)
(a,/ '1-6p}
Notary Public
ACCEPTED by the Community Development Director this 9th day of November 2023; pursuant
to Administrative Decision 038-2023 of the Community Development Director of Pitkin County,
Colorado:
SWytntA , Wetff
Suzanne Wolff, Community Development Director
APPROVED AS TO FORM
Richard Y. Neiley, Assistant County Attorney
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