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1996-18 FAILED Repealing and Reenacting Ordinance No. 7, Series 1995
d ORDINANCE NO. 18 Series of 9996 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 7, SERIES OF 1995; AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 5 AND PROVIDING FOR A DEVELOPMENT PLAN AND ITS CONTENTS; PERMITTED, COND1TiONAL AND ACCESSORY USES; DEVELOPMENT STANDARDS, RECREATION AMENITIES TAX, AND OTHER SPECIAL PROVISIONS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vaii Municipal Code authorizes special development districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, an application has been made for the amendment of Special Development District (SDD) No. 5 for a certain parcek of property within the Town, legally described in the attached Exhibit A, and commonly referred to as the Simba RunNail Run Special Development District; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on October 14, 1996, held a public hearing on the amended SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.86.080 have been sent tv the appropriate parties; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD No. 5; and WHEREAS, application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 5, which relate to Development Area B, and which make certain changes in the development plan for Special Development District No. 5 as they specifically relate to Development Area B; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Tvwn of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT': [Nate: Text that is st:rieken is being deleted and text that iss'had~ed is being added.} SECTION 1 The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Page 1 Of 16 px~dinance No. 18, Series of 1.996 ,~ • s SECTION 2 -Purposes. Special Development District No. 5 is established to ensure comprehensive development and use of an area in a manner that wilt be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning ordinance. The development is regarded as complementary to the Town by the Tawn Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. SECTION 3 -Special Development Distric# No. 5 Established. (A) Special Development Dis#rict No. 5 is established for the development on a parcel of land comprising 8.54 acres in the Lions Ridge area ofi the Town; Special Development District Na. 5 and said 8.84 acres may be referred to as "SDD No. 5". (B} The Vaii Run building, consisting of 55 dwelling units, approximately 18,000 square feet of commercial space, a swimming pool and three tennis courts, shall be known as Development Area A. The remainder of the property containing approximately 6.3 acres shall be described as Development Area B (Bimbo Run and Savoy ViNas). SECTION 4 -Approval of the Development Plan Required Prior to Development. (A} Before the developer commences site preparation, building construction, or other improvement of open space wi#hin SDD No. 5, there shall be an Approved Development f fan for said district. (B} The proposed development plan for SDD No. 5, in accordance with Section 4 hereof, shall be submitted by the developer to the Zoning Administrator who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting, and a report of the Planning and Environmental Commission stating its findings and recommendations shall be transmitted to the Town Council in accordance with the applicable provisions of Section 18.66 of the Municipal Cade. (C) The Approved Development Plan shall be used as the principal guide for all development within SDD No. 6. (D} Amendments to the Approved Development Plan shall conform with Chapter 18.40.100 of the Municipal Code. Page 2 Of 1.6 Ordinance No. 18, Series of 1996 ~ ~ ~ Pdge 3 O~ 1.6 Ordinance No. 18, Sex'ies of 1996 ~ ~ ~ {E) Each phase of the development shall require the prior approval of the Design Review Board in accordance with the applicable provisions of Chapter 18.54 of the Municipal Cade. SECTION 5 -Content of Proposed Development Plan. The Proposed Development Plan shall include, but is not limited to the following data: {A} An Environmental Impact Report, which shall be submitted to the Zoning Administrator in accordance wi#h Chapter 18.56 of the Municipal Code. {B) An open space and recreational plan sufficient to meet the demands generated by the development without undue burden on available or proposed public facilities. {C) Existing and proposed contours after grading and site development having contour intervals of not more than two {2) feet, (D) A praposed site plan, at a scale not smaller than 1 inch = 2p feet, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service entries, driveways, and off-street parking and loading areas. {E) A landscape plan, at a scale not smaller than 1 inch = 20 feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. {F) Building elevations, sections, and floor plans, at a scale not smaller than 118 inch 1 foot, in sufficient detail to determine floor area, gross residential hoar area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. (G) A proposed plan of parking, loading, traffic circulation, and transit facilities; and a proposed program for satisfying traffic and transportation needs generated by the development. {H) A volumetric model of the site and the proposed development, portraying the scale and relationships of the proposed development to the site illustrating the form and mass of the praposed buildings. {I) An architectural model afi each proposed building, at a scale not smaller than 1 inch ~ 40 feet, portraying design details. {J) A praposed program indicating order and timing of construction phases and Page 4 C7~ 16 Orda.nance No. 18, Series of 1996 phasing of recreational ameni#ies and additional amenities. SECTION 6 -Permitted Conditional and Accessory Uses. {A) In Development Area A -Vail Run, the following uses shall be permitted: (1) Multiple family residential dwellings; {2) Accessory retail, restaurant and service establishments not occupying more than 18,000 square feet including the following: Apparel Stores Art supply stares and galleries Boak stores Camera stores and photographic studios Candy stores Chinaware and glassware stores Specialty food stores Florists Gift stores Hobby stares Jewelry stores Leather goods stores Liquor stores Newsstands and tobacco stores Professional and business offices Sporting goads stores Stationery stores Toy stores Variety stores Barber shops Beauty shops Travel and ticket agencies Delicatessens with food service Cocktail lounges, taverns and bars CofFee shops Page 5 df 16 Ordinance No. ].8, Series of 1996 Fountains and sandwich shops Restaurants Additional businesses or services determined by the zoning administrator to be similar to permi#ted uses. {B) In Development Area B - Simba Run, the fallowing uses shall be permitted: (1) Multiple family residential dwellings which may be condominiumized for sale as interval ownership fee interests and the employee housing units required according to Section {9c), which shall be rental units. (C} In Development Areas A and B the following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accordance with the provisions of Chapter 18.60 of the municipal code: {1) Public utility and public service uses; (2) Public buildings, grounds, and facilities; (3} Public or private schools; {4) Public park and recreation facilities; (5) Meeting rooms. (D} In Development Areas A and 13 the following accessory uses shall be permitted: (1) Indoor and outdoor recrea#ional facilities, including, but not limited to, swimming pools, tennis courts, handball and squash courts and similar recreational facilities. {2) Home occupations, subject to issuance of a Home Occupation Permit in accord with the provisions of Section 18.5$.130 of the municipal code. {3) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. SECTION 7 -Development Standards. The following development standards have been submitted to the Planning and Environmental Commission fior its consideration and recommendations and are hereby approved by the Tawn Council; these standards shalk be incorporated in the Approved Development Plan pertinent to each Development Area to protect the integrity of the development of SDD No. 5; the following are the minimum development standards and shall apply unless more restrictive standards are incorporated in the Approved Development Plan. ~~gG ~ O~ 16 Ordinance No. 18, Series of 1996 ~ ~ Development Area A may be modified provided that no such modification shall increase the discrepancy between the structure or site improvements and the development standards set forth in this Ordinance. (A~ Lot Area -Development Area B shall consist of approximately 6.3 acres. Page 7 Of ~.6 Ordinance No. 18, Series of 1.996 (B) Setbacks -The required setbacks shall be as indicated on the Approved Development Plan, being a minimum of 20 feet from any perimeter property line of the-total site. (C) Distance Between Buildings -The minimum distances between afl buildings nn the site shall be as indicated on the Approved Development Plan. (D) Height -The maximum heigh# of all buildings steal! be 45 feet, with the exception of the buildings located in Phase it of Development Area B, which shall have a maximum height as indicated on the Approved Development Plan. (E) Density Control -The floor area of all buildings and the number of dwelling units shall not exceed the following provisions: 3 ~~. Deg - .'t;9s!1 .1~.r~ ~ T~`.~i VDD Ply. ~ Ar'i~ic,;,~r..i:~ ':, . ~~;~e~+aF-fteei= I~t ~t~.. 13,t)~3 "~;33g 163,30) er ~r~.a >;~~sllti.g ".'Fits-(~f~-}- g ~9~ ~;~935 Id't~~or .,~ ~:yrei4if~ :,ir~it~, re; ~titrclli~~ u~:its 3~ 1 ,-fl ~§ R dweN:.. g unite 3 7 Div. Area A iVail RUn} Dev. Area B (Bimbo i3un1 Dev. AraaB=fSavpv.':Viifas Total=for5lltl#S Max. GRFA (Free Market Uriiis}; 43,000 sq. ft. 91,572 sq: ft. 34.274 sq.,ft 16&,846 sq. ft. Max. GRFA (EHU Units}: Q sa. ft. 3.836 sa. ft. 1':90D'sa, ft. 5:73fi sa.ft. Total GRFA: 43,0110 sq. ft. 95;4t}$ sq. ft. 36:,174 sq: ft 174~582rsq:.tt. Max. # of Units (Free market}: 55 units 9Q-units 21: units 1fi5 units Max. # of Units (EFtt~s): D units 5 units 2-uritts 7 units Total Units: 55 units 95 units 23.units 'f73:itkt(ts ^ensity (Units per acre) (Including EHUs}; 21.7 unitslacre 2D unitslacre 14;7 unitslace 19.5:unitsla~re Glensity {Units per sate) {excluding.EHUs}: 21.7 units(acre 19 unitslacre 13.5-unitslacre 18,S:gnitSlacre Upon construction of the above approved densilty iFor'Savoy Vili~s, fhereshaii ~bs:no avaiiai~ie. GRFA, free market units, or employee hoiusing units (and,a°ss~iciated, #lonr area} Page 8 of 16 ordinance No. 18, se~'ies of 1996 for the entire SDD #5. • ~ {F) Building Bulk Control -Building bulk, maximum wail lengths, maximum dimensions of building groups, and requirements for wall offsets, shall be as indicated on the Approved Development Plan. {G) Si#e Coverage -Not more than 2q per cent of the Development Area B shall be covered by buildings, with the exception of Phase !I of Development Area B, which shall be as designated on the Approved ^evelopment Plan. (H} Landscaping and Natural Open Space _ A minimum of 60 per cent of Development Area B shall be landscaped or natural open space in accordance with the Approved Development Plan, with the exception of Phase 11 of Development Area B, which shall be as designated on the Approved Development Plan. {I} Parking and Loading - (1) Off-street parking shall be provided in accord with Chapter 18.52 of the municipal code; at least 85 per cent of the reouired parking shall be located within the main building or buildings, or beneath accessory decks, terraces, plazas, or tennis courts and shall be completely enclosed and screened from view, with the exception of Phase II of Development Area B, which shall be as designated an the Approved Development Plan. (2) No parking or boding area shall be located in any required front setback area or on the south side of any building, and no parking or loading shall be permitted at any time in areas designated far recreation or open space use on the Approved Development Plan. (3) Driveways, passenger loading areas, and parking areas not located within a building shall be permitted only as indicated on the Approved Development Plan. (4) On-site parking shall be provided for common carriers providing charter service to the development; said parking sites shall be indicated on the Approved Development Plan. {J} The Approved Development Plan far Phase II of Development Area B shall consist of the following drawings provided by lsorn and Assat;iates; 7nc.: Pages 9 Of 16 Ordinance No. 18, Series of 1996 . • • • Sheet No. A1.1, dated. 9!9!.96, ane! .revised .11122'l9E.';{Site ar~d Phasing--Plan} • Sheet Na. A1.2, dated 9/13196, and revised 1:0l2B/96-(Gradirtig Plan} • Sheet Na. 1 dated 9115196,; and revised 11!44!96 {8a`serriert Plan' Building #5) • Sheet No: 2.dated 9/15/96; and revised 11/15196 (EHU and 2-car garage, 1st floor,. Building #5) • Sheet No; 3 dated ;911'5196, and revised -10128196 (grid filoar;' Buidirag #5) a Sheet No. 4 dated' 1 D125/9.5,. and cevised.l Dl28l9fi (3rd floor, Buili~ing #5} • Sheet No. 5 dated 9/1`5l9E; and revised-11f19/9ti (Building elevations, `Bu~ld%ng #5) • Sheet No's. A3.1, A3.2; and A3.3 (Fluor.:PlansC:Buil'ding C~tevations for 8u~ldi~tg #6) Sheet Na. L..1, .dated 9113!96, revised 11/22/96 {E_aridsca'pe:Plan), SECTION 8 -Recreational Amenities Tax. The recreational amenities tax due to the development within SDD No. 5, shall be assessed at a.rate not to exceed $D.75 per square foot of floor area and shall be paid in conjunction with construction phases and prior to the issuance of a building permit. SECTION 9 -Special Provisions. (A) Conservation and Pollution Controls. {1) All solid fuel burning devices shall conform with the Town of Vail Fireplace Ordinance (Ordinance No. 21, Series of 1991) and as amended in the future. The basic criteria as presently identified in the Ordinance are as follows: a) Construction of open hearth wood burning fireplaces is not permitted within the Town. b} Dwelling units may contain: i} One (1}EPA Phase II certified solid fuel burning device and no more than two (2) gas appliances (B vent}; ii} Two (2) gas log fireplaces and no more than two {2} gas appliances (B vent}. P~g2 a.0 of I5 Ordinance No, 18, Series of 1996 (2) if solid fuel burning devices are provided within the development, they must be heat efficient through the use of glass enclosures, and heat circulating devices as technology exists at the time ofi development. {3) The Developer's drainage plan shall include provisions for prevention of pollution from surface run-off. (4) The Developer shall include in the building construction in Development Area B energy and water conservation controls as general technology exists at the time of construe#ion. {B) Phase II of Development Area B shall include two (2} employee housing units, and said housing units shall satisfy the requirements of a "Type Ill EHU" according to the Town's adopted housing ordinance (Ordinance 27, Series of 1992). Additionally, five (5) of the existing six employee housing units {numbers 1201, 2205, 2207, 2401, and 2402, as identified on the Simba Run Condominium Map) shall be permanently deed restricted according to the requirements of a '"Type III EHU" as specified in the Town of Vail's housing ordinance (Ordinance 27, Series of 1992). The remaining employee housing unit (number 1205,) shall become a "free-market" dwelling unit upon such time as the above seven (7} permanently restricted employee housing units meet the restrictions as indicated in the Town of Vail's housing ordinance and have been issued Temporary Certificates of Occupancy. (C) Approval of Subdivision and Interval Ownership -Interval ownership of multiple- family dwelling units, with the exception of the required employee dwelling units and the dwelling units in Phase II of Development Area B, is hereby approved. Subdivision of the multiple-family dwelling units (not designated,for employee housing) permitted in Development Area B into interval ownership #ee interests shall require no additional approvals from the Town of Vail Planning and Environmental Commission or from the Town Council for the Town of Vail. (D} Recreational Amenities ~ The Approved Development Plan shall include the fioliowing recreational amenities: (1 } A minimum of five additional tennis courts (Development Area A presently has three tennis courts with two of them covered during the winter season). Said tennis courts shall be made available to the generaE public on a fee basis, subject to reasonable regulation in favor of owners or guests of the development. (2) Recreation amenities fund contribution of $10,000 to be used fior general reereationaE improvements by the Town of Vail. Page 11 Of: 16 Ordinance No. 18, Series of 1996 ~ ~ (3) Bike and pedestrian path traversing property from east property fine of Development Area A to west, site line of Development Area B shall be provided by developer with exact location to be mutually acceptable to developer and the Town, (4} Swimming pool (in addition to the existing pool in Development Area A) of adequate size to reasonably serve the needs of the development and shall be open to the public on a fee basis subject to reasonable regulation in favor of owners or guests of the development. {E) Additional Amenities - {1) The Developer shall provide adequate transportation services to the owners and guests of the development so as to transport them from the development to the Village Core area and the Lionshead area. {2) The Developer spoil provide in its Approved Development Plan a bus shelter of a design and location mutually agreeable to the developer and the Town Council. Said shelter to serve the Liansridge area generally. {F) Additional Requirements - The developer agrees with the following requirements, which are a part of this amendment to Special Development District Na. 5: {1) T~:. Te:t~#efl -ot-r..:.:~c a T4. ':.mac s` Oee~,~paf}e~,' €or cr:~,~ t~9it 'rr: Dr; 'i?Ic.:, p!~Sirg ~J~n) u~:-it-gt~eh :imr-cs d~ .•,. ~.,, ~,,,.~r~ut~d f~.r u-~&1, ~~©!~, ~~~~~1 ~r~ ~~49z ~n tl,c ^:m~a ~g cs T;~e-111 C! I'J's- A~e}il:+e~reitq; The Town shall not issue a Temporary Certificate of Occupancy far any unit in Building #4 or Building #5 (according to the Savoy Villas phasing plan) until such time as Temporary Certificates of Occupancy and deed restrictions have been issued for both of the "Type III" EHU units in Building #5. (2) The applicant agrees to permanently restrict the seven employee housing units as "Type III" EHU's, according to the Town's adopted pausing ordinance (5-units in Simba Run have already.beendeed restricted:and only 2 units'in,Savoy Villas~must be deed restricted as of 11122196}. (3) t`Et ~~e'~--Mi"r k:IlM~~1F tl:~ ~E~H9i99feR tree :ccary~ te~eeata the !r' ,c evester~ par*ieR-mt tf'c Sim~a~~cper~y, Page 12 O~ 16 Ordinance No . 7.8 , Sera es of 1996 ~ ~ ~ #~e #ri~le~~g 13.:i~~eleeated-wr~~si ~ t to ."~ kvcat, i~ cry:, sfleaa .~p~t~ ; , . t`~r.'3ttgl; tl ~~ prEpEr<~L:.~~;t:l it :,.:~~r~;,~ -nt~:h :::~ ej;' ~,; t3-#~re-Rde~f . ~rc~tEg~ f~~a~. i. r~a~+ess of ~e :, pc:~ The applicant agrees to construct and maintain a public pedestrian path #hrough the proper#y (norfh to south) and will arrange for the grant of a public access easement to the Town of Vail prior to the Town's issuance of any TCD for any of the Phase li condominiums (according to the Savoy Villas phasing plan). (4) The applicant shall obtain a Colorado Department of Transportation access permit far the proposed triplex driveway prior to the Town's issuance a# any building or grading permits for the three townhomes (Building #~, Phase`3, .Savoy Vi11as;} located on the lower bench of the development. ~} "T~a~~l: ;3I'~ :.'F:~li ~~f! ~dditie~ta+-i~relsear:. p(a~rttr~s-s;abJ~at `.ate ~tiemr-ate ~~~rar~Gl ;,f ~a'd- Page 13 O~ 16 Ordinance No. 18, Series of 1996 ~. (5) The applicant shall grant the Town of Vail a drainage easement through the property, to provide for the existing drainage flow which currently enters the site between the proposed Building:#5 and Building #4 ~:.E ,",at+s~ing build~g-~~:~ t":e ea,~tern :,wium Yaiidi~~ ~>3c ;.~ppc~--venerT. The developer shall provide this easement to the Community Development Department for approval before the Town will release any Temporary Certificate of Occupancy for units in the Phase li Condominiums (according to the Savoy Villas phasing plan). (6) The applicant shat[ provide a bike path easement for any portion of the existing bike path located upon the applicant's property. The easement shah be submitted to the Community Development Department by the developer and executed before the Town will release any Temporary Certificate of Occupancy for units in the Phase II Condominiums (according to the Savoy Villas phasing plan). t~) TIi.7. ~i.~,~i:~~.ll I'i&~f~-'F~r.3rt ~'r: S~:i~ ~j/ :il~ :..~3~311... ' Eo~-,j~:~;~+e~-~vitt; the 1333 cpp~~~-ed-eie~teiepment ~,ls~, r:ust ba s;wer:dEd .c i:~c~t~}•--~ ,,.. ~eee~se~+-ac ~ . cs~t :~ `~„e-an,ena::i :~t~ ~r3pes~e~i-in the 11;'3rer 1flu~--pFe~,, ~,:i:.F t~ tl;~, Tcwr,':, i~:.aG~,c~erry-~tri4~in~ N::,r~it~ `rEr th:. pr3jeet- (7) i'rior to the issuance of a building permit for the three townhouse units in Phase 3 ofi5avoy Villas, the applicant will receive final approval from the Town of Vail Engineer regarding the driveway location and drairza~e plans iii Phase :3-~-E-~n tbs. (8) Prior to the release of any Temporary Certificate of Occupancy for units in the Phase II Condominiums (according to the Savoy Villas phasing plan) the applicant agrees to provide a 10' wide public access easement across the property, parallel with the southern property line. (9) The building elevations':for Bu'tli~ing #5 are not approved and must b approved by #ha Design Review. Board. (1 fl) The applicant shall provide executed ~ncrr~achmert agreements for ail relevant .utility companies ar~d the Tov~in of VaiGfor the declz=e~icr~acilment in the 1:t7" utility easement along the east property :line or~shail°eliminate the deck encroachment, prior to submitting ~ttie project foc review by ttie Design Review-Board: Page 14 O~ ~.6 pzdinance No. 18, Series of 1996 • sECrloN 10 if any part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 fac# that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 11 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vaif and its inhabitants thereof. SECTION 12 The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance previously repealed or superseded unless stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 3rd day of December, 1996. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 17th day of December, 1996, in the Municipal Building of the Town. Robert W. Armour, Mayor Attest: Holly L. McCutcheon, Town Clerk Page 15 0~ I5 ordinance No. 1.8, 5eraes of 1996 `~ INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORaEREEa PUBLISHED (IN E^ULL} (BY TITLE ONLY} TH15 -DAY OF , 1996. Robert W. Armour, Mayar Attest: HaEly L. McCutcheon, Town Clerk Page 16 O~ 16 Ordinance No. 18, Series of 1996 • ~ • Exhibit "A" That part of the First Supplemental Map for Simba Run Condominium, according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most southwesterly corner of said map, thence the following three courses along the westerly lines of said map; 1) NO3°33'01"E 160.79 feet; 2) N12°50'33"E 144.72 feet; 3} N17°56'03" 70.60 feet; thence, departing said westerly line, 513°16'03"W 157.26 feet, thence S76°43'57"E 91.50 feet; thence N13° 16'03"E 35,00 feet; thence S76°43'57"E 72.31 feet to the easterly line of said map; thence the following two courses along the easterly and southeasterly lines of said map; 1) S24°44'57"E 52.38 feet; 2) 852°50'29"W 272.50 feet to the Point of Beginning, containing 0.6134 acres, more or less; and That part of Simba Run, according to the map thereof, recorded in Book 312 at Page 763 in the Office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most southerly corner of said Simba Run, thence the following four courses along the southwesterly and northwesterly lines of said Simba Run; 1) N37°09'31"W 233.28 feet; 2) 334.57 feet along the arc of a curve #o the left, having a radius of 1771.95 feet, a cen#ral angle of 10°49'06", and a chord that bears N42°13'20"E 334.07 feet; 3) N36°48'48" E 201.36 feet; 4) 15.96 feet along the arc of a curare to the right, having a radius of 428.02 feet, a central angle of 02°08'12", and a chord that bears N37°52'54" E 15.96 feet to a corner on the westerly boundary of the f=irst Supplemental Map for Simba Run Condominium, according to the map thereof recorded in the office of the 1=agle County, Colorado, Clerk and Recorder; thence the following four courses along said westerly boundary; 1} 521 °51'28"W 69.90 feet; 2) 817°56'43"W 1$1.17 feet; 3) 812°54'33"W 144.72 feet; 4) 803°33'01"UU 160.79 feet to the southeasterly line of said Simba Run; thence, along said southeasterly line, 852°50'29"W 113.08 feet to the Point of Beginning, containing 1.560 acres, more or less. Ordinance Na, 18, Series of 1996