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2002-16
~ . • ORDINANCE NO. 16 Series of 2002 AN ORDINANCE AMENDING THE TOWN CODE, TITLE 12, CHAPTER 22, SECT[ON 4, ADOPTION OF VIEW CORRIDORS, BY ADDING TWO VIEW CORRIDORS IN L[ONSHEAD AND SETTING FORTH DETAILS IN REGARD THERETO, WHEREAS, the Town Council finds that the proposed view corridors protect and perpetuate views from public pedestrian areas, public ways, or public spaces within the Town which faster civic pride and are in the public interest for the Town; and WHEREAS, the Tawn Council finds that the proposed view corridors protect and enhance the Town's attraction to residents, guests, and property owners; and WHEREAS, the Town Council finds that the proposed view corridors protect views which are commonly recognized and have inherent qualities which make them more valuable to the Town than other mare common views; and WHEREAS, the Tawn Council finds that the proposed view corridors are consistent with the Lionshead Redevelopment Master Plan, and Title 12, Zoning, of the Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of the proposed view corridors at its July 8, 2002, meeting; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend said Chapter and Sections of the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12, Chapter 22, Section 4, Adoption of View Corridors, is hereby amended as follows: Ordinance No. 16, Series of 2002 1 ~ . • A. View Pvint #1: A view from the west end of fhe Lionshead parking structure, standing at street level at the front of the entrance fo the Subway restaurant (395 E. Lionshead Circle) and looking southwest toward the gondola lift line. 1. Purpose: To protect the views of Vail Mountain from the Lionshead area. 2. Survey control: Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument at View Point #1: A 2 inch diameter brass monument, flush in brfck pavers, stamped View 1. 4. Backsight: A 2 inch diameter aluminum Johnson, Kunkel & Associates, Inc., monument which bears S11 °47'42"W 327.94 feet distant. Located at the north edge of a concrete ring for a water manhole approximately 15 feet north of the north edge of the bike path. 5. Height of Survey Instrument above View Point #1:5.26 feet. 6. Table: Bearing Zenith Angle foresight Point On Photo As Of June 12. 2001 S05°14'25"W 79°09'13" A -- intersection of the horizon with a vertical line defined by the southwest corner roafline on the Treetops Condominium building, 452, E. Lionshead Circle. S05°22'18"W 80°11'31" B -intersection of the roof overhang at the west end of the Treetops Condominium building and the southwest corner of said building, 452, E. Lionshead Circle. 505°38'24"W 80° 17'55" B1 -westerly upper corner of the roof overhang at the west end of the Treetops Condominium building, 452, E. Lionshead Circle. Bearing Zenith Ordinance No. 16, Series of 2002 2 ~ . • Angle Foresight Point On Photo As O# June 12, 2001 S05°48'38"W 81°42'54" B2 -westerly lower corner of the roof overhang at the west end of the Treetops Condominium building, 452, E. Lionshead Circle. S05°22'28"W 81°43'15" B3 -intersection of the roof overhang at the west end of the Treetops Condominium building and the southwest corner of said building, 452, E. Lionshead Circle. SD5°22'28"W 90°01'11" B4 - a point on the westerly edge of the Treetops Condominium building, 452, E. Lionshead Circle and running horizontal with and perpendicular to the southeast corner roofline of the bus stop building at Lionshead Circle. S24°16'45"W 90°01'11" C -southeast corner roofline of the bus stop building at Lionshead Circle. Said point being the lower limit of View Point #1, intersecting with the vertical line described below for point D and running horizontal with and perpendicular to the westerly edge of the Treetops Condominium building, 452, E. Lionshead Circle. S23°11'03"W 85°40'57" D -intersection of the horizon with a vertical line defined by the southeast corner roofline on the Vail Lionshead Centre Condominiums, 520, Lionshead Circle. S23°11'D3"W 79°09'13" E -point of intersection of the southwest roofline of said Treetops Condominiums building defined by Point A and the southeast corner of said Vail Lionshead Condominium building as defined by Point D. B. View Point #2: A view from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E.Lionshead Circle) looking south directly up the gondola lift line. 1. Purpose: To protect the views of Vail Mountain from the care of the Lionshead area. 2. Survey control: Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Paint #1: A 2 inch diameter brass monument, flush in brick pavers, stamped View 2. Ordinance No. 16, Series of 2002 3 • • • 4. Backsight: A 2 inch diameter aluminum Johnson, Kunkel & Associates, Inc., monument which bears S02°47'02"W 299.06 feet. Located 75 feet north from the Vista Bohn, 15 feet south of a 3 foot by 4 foot steel drain and 2 inches south of the of the bike path. 5. Weight of Survey Instrument above View Paint #2: 5.20 feet. 6. Table: Bearing Zenith Angle Foresight Point On Photo As Of June 12, 2001 S07°98'22"E 79°09'49" A -intersection of the horizon with a vertical fine defined by the southerly roofline on the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle. S07°26'34"E 85°16'50" B -intersection of a lower roof at the westerly end of the Vail Lionshead Centre Condominiums and the westerly building wall of said building, 520, E. Lionshead Circle. S06°16'57"E $5°41'00" C -westerly end of the lower roof on the westerly end of the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle. S05°11'59"E 88°30'52" D -- intersection of the westerly lower wall of the , Vail Lionshead Centre Condominiums and a wood deck at said building, 520, E. Lionshead Circle. S07°07'02"W $8°30'52" E -point of intersection of said wood deck and said lower wall of said Vail Lionshead Centre Condominium building defined by Point D and the westerly side of Bwana Run on Vail Mountain running under the lift towers for the Born Free Express Lift and the Eagle Bahn Express Gondola. S07°07'02"W 79°09'49" F -point of intersection of the southerly roofline of said Vail Lionshead Centre Condominiums defined by Point A and the westerly side of Bwana Run on Vail Mountain running under the lift towers for the Born Free Express Lift and the Eagle Bahn Express Gondola. Ordinance No. 16, Series of 2002 4 ~ . • Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses ar phrases be declared invalid. Section 3. The Town Councii hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16"' day of .iuly, 2002, and a public hearing for second reading of this Ordinance set for the 6`h day of August, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Coiorado. A T Ludwig Kurz, Mayoiil s~~ Attes . ~~/ ~~® i oreie' Donaldson, Town Clerk READ AND APPROVED ON SECOND READ[NG AND ORDERED PUBLISHED this 6`" day of August, 2002. Ordinance No. 16, Series of 2002 5 • • • h Q Lorel on son, Tawn ~~ Clerk ~~ ~~ Ludwig Kurz, 4~dayor Ordinance No. 16, Series of 2002 ~~ STATE OF COLORADO COUNTY OF EAGLE 366 PROOF OF PUBLICATION SS. • I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- perprinted, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of mare than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for Ehe period of ......./....... consecuti insertions; and that the first publication of said notice was in the issue of said newspaper dated .~~...~ .................. A.D... ' .~~..l!.~G.}~. and that the last publication of said notice was in the issue of said newspaper dot .. ... r..(.......... A.D........~,,..~..,,OO~-....... In witness whereof I have hereunto set my hand this ...+;.~~.. day of ................ ~r.....d.~, Publisher Subscribed and sworn to before e, a notary public in and far the County of Eagle, State of Colorado, this C ......~.~ ,... day of ........ .'s'.~.. ;?lr...~Q, z-.. {~ Notary Public My Commission expires ......`..,~... ~,1.../,~y~,~ ORDIfVAIVCE ~ 1fi Series of. t~~~` AN ORDINANCEltM(:NpIiVGT WN CODE, T1TLE f2, CHAPTER 22, SECTIDN 4;.At1pPTION OF VIEW. CORRIDORS;'BY AODINta TWO VIEW CORPIDORS IN'LIONSHEAD AND SETTING FORTH DETAILS IN REGAADTHERETO. WHEREAS, the Town CounciF finds that the pro= paced view corddors protect and perpetuate Views .from public pedestrian areas, public ways, or pub- lic spaces within the Town which foster civic pride and are in the public interest for the Town; and WHEREAS, the Town Council finds that the pro• posed view corridors protect and enhance the Town's attraction to msidents; guests, and proper- owners; and HEREAS, the Town Council finds. thak'the pro- posetl view corridors protect views which are cam• monfy recognized and have inherent qualities which mako them more valuable to the Town than other mare common views; and WHEREAS, the Tawn Council finds that the pro• posed-view corcidore are~consistent with the Llons- head Redevelopment Master Pian, anq Title 12, Zoning; of the Town Code; and WHEREAS; the Planning and EnvIronmentai Com- mission of the Town of Vail has recommended ap- proval of fhb proposed view corridors at its July 8,. 2002, meeting; and WHEREAS,. the Town Council considers it in the interest of the public health, safety,. arld welfare to amend said Chapter pnd Sections of rho Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN,000NCIL OF THE TDWN pF VAlL; COL- ORADO,THAT: Section 1. Title'f2, Chap1er22, Section 4, Adop, lion of View Corridors, .is hereby amended as fcl• lows: A. View Point #1: A view from the west end of the Licnshead packing structure, standing at street lev ' el at the front of the entrance fo the Subwagves taurant (595' E. Licnshead Circle) arid Idoking southwest towarp the gondola rift line. t Purpose. Te protect the views of Vail f~kountam from the Lionshead.area 2. 5rirvey-control: B8[satl. o~ pubtlshe~f -f~fi3Si~f"`~' frbrn town of Vail QPS control. map Points 5pr~d• die and 1766 were used for Ihla survey.~~earing$ . repc[ted:balow ate Ued to ihi~ r~ontrol , I `:c-0_ . ~5 ltfsit ii~dnt @t 1!ibW~'o t 1: A 2 (f•011' ~~`br~s~iffrrSfSt fltishllibr]Clt~'' ~ pavers, stamped VieVV, i. °~"-= 4. Backlight: A 2 Inch diameter aluminum. John- son, Kunkel & Associates, Inc.,. - monurrient which bears S1f.°4T42"W 327.94-feet distant. Located at the north edge of a concrete ring for a~ water manhole apQroximately i5 .feet north of the north edge of the bike path. 5. Height: of Survey Instrument above View Point ' #1:5.26 feet. B. Table: Bearing Zenith An le Foresight Point On Photo As Of June 12, 2001 Sq5°14'25"W 7909'13" A -intersection of the hv- rizan with a vertidat line defined by the sduthwest corner roofline anthe Treetops Condominlum~ build- Ing, 452; E.Cionshaad Circle. Sg5~22'i8"w t30~i1'31" B -intersection- of the roof overhang at the west and of ffio Treetops, Condomihium bulldtng and the southwest corner of said buitdlhg, 452, E. Licnshead Ctrcle. 505oa39'24"W 80Po 1T55" B1 -westerly uppper cor- ner of-fhe roof overhang at fhe .west end of the Treetops Condominium building, A52, E_ Licns- head Circle. Bearing Zenith Angle Foresight Point On Photo. As~Of June~f2, 2001 - ' nSeof8lhe or oBo erh4ng at the wegj elnd of the 7rsetoppa Condominium building, 452, E. Lions- head Circle. S05"22'28.'W $143'15" B3 - Intersection of the roof overhang at ma great .end of the Treetops Ccndominfum building and ilia southwest corner of said building, 452,E. Lignahead Ciscfe, S05m22'2B'W 9061'11" 84 - a pglnt on iha wea!• erly edgge ci the Treetops Condaminlum building, 452, E.Licnshead Clrcte-and running horizontal whh and perpentllcufar to the southeast corner rgnftfna of.ihe bus stopbulltlfng at Ltonahead Cir- cle. 52418'45"W 8!)mQt'ti" C - $autheast corner roofllns ci the bus stdpp building at Cionshead Cir- cle. Sa1tl point being the;lower.limf! of Vfaw Point }!1, fritersegting whh the vertical Ilno described be- low for point t) and running horizontal with and per- pendicular to iha westerly adQe of -the Treetops Condominium tiullding, 452, E. Lionshead Circle. S23°°t1lf3"W g5m40'b7" p . interaegllon of the horizon. with a vertioai line dellned byahe southeast corner rcoflfna an the Vall Lfonshead Centre Con- dominlums, 52t), Llonshead Circle, S23~11'oa"W 78~p9'f~" E -point of fntersectlon of iha southwest rooflina gyoi said Treetops Cgndo- alstu omeullof saidf~Vatl Lionshe U Condominlum building as defined by Point p; _ B. View Pcint N2: A view from the pedestrian plaza at the east anti of-the Lffthouse Lodge (655 E,LI- onshead Circle} looking south dlrecdy up the gon- dole lilt fine. 1. Purpose: To protect the vlewa of Vail Mountain from the core of iha Llonshead area. 2, Survey control:.f3assd an publlahed material from town o! Vail l3P& control map; I'olhis Sprad- ' die end 17t38 were used-tor this survey Bearings reported below are fled to thla control. 3. Inatrumartt; -View Pojn1 #f: A 2 Inch diameter braea.monumant; flush In 6rkk pavers,- stamped View 2. - . 4. Barkgight: A 2 fngh dismater atuminum Jghn- sqn, Kunkel_& Aseccfatee inc., Located 7b teemotlreh {ram0 he VIaT Bahn; 6 feel soulh•of a ,4-toot(~ 4 foot sisal drain and 2lnches south of the of the bikepath. 6. Hal hf of Survey Instrument above View Point a2: 5.e~u feat. 6. Table: Bearing Zenith poegts Foresl ht_POint On Photo As Cf ]aria 12, 200f- 507~18'22"E 78^"08'49' A -.Intersection o1 the ho- rizon wim a vertical tlnedetined by iha scutharly roofllns an iha VaU Lionahead Centre Condominr ums, 520, E, Llgnshead Circle. 56728'34"E gs,;i 5'50' B - intersactlan of a Igwer He Condom niuma and Ihetwesterty 6ulldfng~,relj of said building, 520, E, Lfonahead Circle, °we Coalon A wtes/ar y and soli the Valtll L Dose . €head Contra Coltdominiume, 520, C, Lfonahaad ,Circle. k FS05mit'fi9'E 5834'62" D ~ inlareection of_.th9 E{weslarty lower wall of iha-Nell Clonshead Centre IL'GndOmintUma and a wgod deck at Bald building, X520, E. Llonahead,Clrola. • T02'NV Bt3m30'52" E - Dint of Intersection sold wood deck and- -said r/alf of sold Vel! Llpnshcad Centre Condo- s puftding defined. byy Point D end the wasies• of 8wana Run on Vall Mounialh. running un- i lift towers Yor the Born_Free Express Lif! i Eagle Behn t=xpraes QoFrdola. 1'02'W 79m09'48" F -- oolnt of Intersection d iho Eaffle Bahn Expseae Gondola. run- n 2. If any part, aectlon, subsection, earn please ar phrase df this crdinanoe is for any i field to be Invalid,-such decision Bhalt not the validity of tha'remafning partiona of lhts nce• and ha Town Council heretry declares dd have passed this ordinance, and sack section, autrsecuon, sentence, clause ar i thereof, regardless of the fact thaF any one re-parts, saotlone, subsectlgna~.eantances, s or pflraeea be declared Invalid.. n 3. The.1'gwn Council hereby 11nds, deter- and daclarea thatthla orddlnance le necesea- praper for the health, safety and welfare of vn off Vail and the Inhabltanta thereof. 14. The. amendment of any prgvlslon of II Town Cade ae provided in this drdinance got affect any right which has accrued, any nposed, any violation that occurred prlgr to '9chve data hereof, any prosecution com- d, nor any Qther action qr >irocsedingg as inced under or by virtue of the prevision ed, The amendment ai any provision here- II not revive any provlalon or any ordinance fsly repealed of superseded unless expreas• d herein. ,,~:~~~~. ddrt-et ef~fn~tts~rr~ tart: ~ FIRST Ii~ADING this.lt3lh~iay of Juy, d e pub..llc healing for'aecond reading of lance set for the ih daY of August; :2002, ouncil Chambers 'ot the 'Nell Municipal VaB, Colorado. - Ludwl_g Kurz, Mayor ponaldson, Town.Clerk ed fn the Vail ~slly 3uly 19, 2002. ~~ STATE OF COLORADO COUNTY OF EAGLE 224 PROOF OF RUBLICATION SS. • !, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a genera! circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was publi had in the regular and entire issue of every number of said daily newspaper for the period of .........~.... consecutive 'nsertions; and that the first publication of said notice was in the issue of said newspaper dated ....... ..~~.......•••~•••~~ A. D. -. .,~~...~..:.... and that the last publication of said notice was l the issue of said newspaper a .. A.D...,....~ .Ar..~..~....--...... dot ..~./......... In witness whereof I have hereunto set my hand this ..., ~~.. day of .. ..~.1~..2~ ~, r f...-~........ Publisher Subscribed an wom to before ~e, a notary public in and for the County of Eagle, State of Colorado, this ........--.,~•s.•,.... day of ..~~".,~.t'~Sf ........ [~Q .... ..... ..... ....... Notary Public My Commission expires .. ......~ .. ~... ~~ rJtliUrlVA1Vl:~ NV. 16 - Seriet~ of r~ AN ORDINANCE AMENDWGWN CODE, TITLE 12, CItAPTER22, 8EC'IIQN 4,'ADOPTION OF VIEW .CORRIDORS, $Y ADpING TWO VfE W CORRfDOR& IN CIONSHEAp AND SETTING, FORTH DETAILS IN REGARDTHERETQ. WHERI=AS, the'Town Cuuncil Ftnds that the -pro- posed view corridors protect and pperpetuate views tram public pedestrian areas, Public ways,. or pub- lic spaces wtthin the Town which faster civic pride and are ircthe public interest for the Town; and WHEREAS, the Tgwn Gound€I iinds:.Fhat the ~pro- posed view corridors proiecl and enhance .the Town's attraction to residents, guests, and proper•- ty owners; antl WHEREAS; the 'tpwn Cpurtcil #ind3. that' !fie pre posed view corridors protectvlews which are oom- monly reaagn}zed and have inherent qualities whicFt make them more valuable to Ehs Town than otFter more common views; and WHEREAS, the Town Gouno'il finds. that the pfo= posed view corridors are consistent wi#h the Lions- head Redevelopment Master Plan, and Title 12, Zoning of Fhe Town Code; and WHEREAS, the Planning and Environtnentai Cbm= mission of the Town of Vafl has recommended ap• protial of the proposed view corridors at its July 8, 2002, meeting; and ' WHEREAS, the Towh Gtiuncil oonsidors' it iri the interest oS the pubNc health, safety, and welfare to amend sa#d Ghapter and Sections of the Town code. NOw, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COL- OAADO,THAT: - Section f, Titr® 12, Chapter 22, Section 4; Adop- tion of View Corridors, Is herehy amended as fol- lows: ' A-View Point t€1: ~A~ view from the west end otthe Lionshead parking structure, standing at street lev- el at the from of the entrance to the Subway #es- taurarit X395 E. Lionshead Circle)- and looking southwesF toward the gondola lift line. is PurpoSa: To,protect the views of veil Mountain From the Lionshead area. 2. Suryriy poritrdl: Based on 'pubfiahad material ' from town of VaH GAS control map. Polrrts Sprad•-' die and 7766 were used for this survey. eearings_i reported below are tied to ih€s control. ~ 3. Instrulntrnt at View Aoint fit; A 2 Ittoh dlAt~fAi= ' brass. mtinumerltc flUSh in brick.. ._ pavers, stamped View 1: - - 4- Backs'rght: ~A 2 inch diameter eftiminum. John son, Kunkel & Associates, Inc., monumenf which bears S11 °AT42"W .327.90. feet distant. Located at The north eiige oT a concrete ring -for a water mahhole approx#mately t5 feek Korth of The north edge of the bike path: 5. Height of Sursrey lneirament above View Point #1:5.26 feet. 6. Tatte: Bearing ~ Zerilth Angle ' Foresl~lht PointOn photo As Of June ~12; 2001 ~ , SQ5°14'25"W 7909'13° A _ intersection of rite ho- rizon with a vertical line defined by the southwest corner roolline onthe Treetops Condominium build- ing, 452, E.Lionshead Circle. 506m22'18"W. BOooii'3t" B -intersection of the roof overhang at the west -end: pf the Treetdps Condominium building erid tits sRUthwesF;pprne-r of said briilding, 452,'E. Lidnstread Cfrcfe.' - 505~36'24'W Bt7m iT55" B1 - westerly Upper Cor- ner of tke root'ovarhang.aY the west end of the Treeto Condominium building, 452, E: Lions- head_ ircie. Bearing Zenith Ang;e Foresight Point On Photb AsOidune 12; 200f 5p5~N 81+}2'54' 82 -westerly lower cor- nar of overhang st the west end of the il'eeto ndpminlum building, 452, E. Llaris- heatl- In; e. - $05°22'28"1M 51^"43'15" 133 - Intersectlan of Iha roof overhang at the -week end of fhe Treotaps Condominium buildingg-and the southwest corner o1 sold building, 492,E. Licnshead Circle. "S05~22'28"W 9001'11' B4 +a point an the west- er)y edge of the Traetopa Condominium bullding, 452. E.Llarishead Glrcfa -and- running horizontal with and perpendloular to the acutheast corner rocfline of the bus etopbullding at Llonehead-Cir- cle. ' S24W15'45"W 94~41't1" C - soulheeat corner raofllne af. the bus stop building et Llonshead.Cir- cle. Sold paint being the IRwer limit of View Poirit #1, intersecting Wlth the vertical line described be- iaw fog point D and rursning #iorizontal with and par- pendlcular [o the westerly edgge of [ha. Treetops Condaminlum building, 452, E. L~dnaheed Cucle. S23m11'43'W 8540'57" D =Intersection of the horizon wish a vertical Ilne definedby the sor~theas! corner rconine en the Vall Llonehead Centre Con- dominlume. 524; Llonehead Circte. 5231 f'03"W 7809'13' E -.point of Idtaraection of the southwast,mofline ok said Treetops Condo• minlums building daltned by Point A and the soulh• east corner of said Vall tlonahead Condominium building es defined by Point D. B: View Point ff2: A view from the pedeetrran plaza at the east end qi the LlHhouse Lodge (555.E.Lf- onshead Gtrcle~ looking south diredtly up the gon- dola Ilft Ifne. 1. purpose: 'to protect the views of Vail Mountain from the core of the Llonehead area. 2. Survey control; Basalt on published material from .town of Valf GPS control map, Paints 3prad- dfa and 1768 were used for this aurvay. Bearings reported below are tied to thla canirol. 3. InetrumenC Vlew point fit: A 2 inch-diameter brass monument; flush In bYlek pavers, - stemped Vlew.2. 4. BadcsfgM A~2 inch ~lameter aluminum John- sort, tCunkel_ & Aesoclates Inc., ' monumenlwhiclibeare=;~02°47'02"W 299:48'faet. Located 75 Coat nQrthyrain file Vista Bahn. 15 feet eculh of ~ S fcot lsy b: foot tiieel drelit end B.Incti@s south of the oT[he bike path: 5. Melgh! of Survey Instruri(ent-above Vlew Ppfnt N2: 6.24 feet.. 6: Table: Beadng Zenith Anggle Foraalght PRIntrJn-Photo Aa 8f June 12,2401 94718'22"E 79m4B'48° A - fntereectlon of the ho~ rizon with a verttgal linedafinad by iha southerlyy rooiline on the Vail Ltdnaheed Centre Condominl- uma, b24, E. Ltonahsad Cirofe. - 347m28'34"I_ 85Wit3'54" S. - Intersection ai a lower root at the weeterly endof the Vall Llonehead Cen- tre Condominiums and the westerly building wall of aald building, 524, £. Llonehead Circle. S06~t8'S7'E .$5w41'40'- C - weateny ehd of the lower rgof on the weeterly end ql the Vaff Lions- head Centre C9ndominlume, X24, E. Llonehead Circle: - - t305~17'S9'E_88ea30'S2" D :- Intersectlan of the weeterly-lower wall. of the-Vail Llonehead Centre Condaminiume and a wood_dack at said bullding, 520, E; Lionahead Gtrola. S07m07`42°W 88"w90'S2' E -point of Intersection of said wood- :- heck end said Power wall of said Vall Llonehead Centre Canda• minlurn bullding defined 4y PoIn1 D and the weater- Iy.elda of t3wane Run on ValfMountafn running un- der the Ilft toware for the 9orn FYee Express Lijt end the Eagle Bah.n Express Rondola. • • $tJ7~07f 2"W 79an09'49" F - palm of Intersectlan of the outherlyy roofllne of said Vail Llonehead Can[re ondominluma defined by-Point A and the westerly aide of Bwana Run RnVaii. Mountain run- ning un r the Ilit lowers-let the Ham Free express Lift end tie Eagle Behn ExpresaS3Rndola. $eetlon ~: If a part, sect#qn, subsection, san• 1oncR, pF~uae or phrase of this ordinance le far any . reaeon.lk'eld tc-be Irtvelld, ouch declafcn shall not effea€thR vel#dity.of the remaining portions of this ordlnan and the Tvwn Council hereby declares it would have passed this ordinance, and each parL.• s. flan, subsection, . sentence, clause ar phrase t ereaf, regardless of the fact that anyone or mgrs Iparfs, secllona, aubaeRllona,. sentences, clauses r phrases be declared Invalid, Seatifln , - The TowrrGour~cll hereby flnde,.tleler- mines°a deoldres that this ordinance fa necasaa-. rryy anti p-per for`the health, safety end welfare of the Tow of Vait and fhe Inhabltanls thereof. 3ec31on ~ . The amendment of any provision. of .the Vali own Cods as provided in ibis .ordiflanca shall no afiact any right lvhlch has adarued any duty tm..aed,-any vloatlan that occurred prior to the site Iva data hereof, any prosecutlRn cam- merioed,-nor any other aciloh or proceedingg as cormrlen ed under. or.by virtue of the pprovision arnalidt3 ,The amendment of any provision here- tiy eha[I of revive any provision ar. any ardinaaae revlous repealed or superseded unless express- Pye,a,ed~_erein. Section Ni bbyy~tawe, orders, raaglutfona and' or- dlrtgn. ar patis'tFterogi, Inconalatent heftnMtfi -~, a» ed tq the extent only of such Inarznalat~n= _ _ cy: -~tt ' . ~ , r ehalf_n4t bs oonalruitd to I~srfee- pmr:6vl ' ,-ordef; resafra0nrs or'errllnanere; oe part li~~ounpll Ctiambere of the Vell Mt1nlRlpal ~in~_Vall, Cotorado. Ludwig Kurz, Mayor .. ~_. at: k:. _ . del onaldsan,TownCterk tlsh~d in-the Vall Deily July 18, 2002. . ~- - .. • N ~ 3 9 0 DRUItJANCE NO. i6 Series of 2002 . AN ORDINANCE AMEPSDING THE TOWN CODE, SECTION 4, ADOPTION ER 22 , TkTLE 12, CHAPT IDaOIVSH ADD AND SET7NG R PROOF OF PUBLICATION N CORRIDORS TAILS IN REGARDTHERETO. STATB OF COLORADO FORTH DE Copies of this ordinance are avaikabke for pubkic In- ction in the oflrce a1 the town Ckerk during nor spe mal business hours. SS, R1=AD AND APPROVED ON SECOND REARING ,qNp ORDERED PUBLISHED this 6th day of Au- COUNTY OF EAGLE qusr,zooz. Ludwig Kurz, Mayor ATTEST: 'Lorelei Donaldson, Town Glerk spublished in the Vail Dally August 9, 2002. I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the CGUnty of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than #ifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments Ehereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of .....~........ consecutiv insertions; and th(~at the first publication of said notice was in the issue of said newspaper dated . ......7 .............. A.D..a.~..... and that the last publication of said notice was in the issue of said newspaper dated...... A.D........~~.........,~.~ff In witness whereof t have hereunto set my hand this .... J...l..... day of ...........~ . ." .. .. .....~.. ~©~ Publisher Subscribed a/nd sworn to before e, notary public in~ja_nd~ for the County of Eagle, State of Colorado, this ............`:.~..... day of ..... .. ......r..c~:~ ~ ....!t', ~. c... .. .. Notary Pub' My Commission expires ..................1 c.... ~~