Resolution No. 128-94 (Word Version)

CITY OF GRAND JUNCTION, COLORADO

RESOLUTION NO. 128-94

A RESOLUTION ACCEPTING PETITIONS FOR ANNEXATION,

MAKING CERTAIN FINDINGS, DETERMINING THAT PROPERTY

KNOWN AS EASTERN COMMERCIAL/FRUITWOOD SUBDIVISION ANNEXATION

IS ELIGIBLE FOR ANNEXATION

WHEREAS, on the 16th day of November, 1994, a petition was submitted to the City Council of the City of Grand Junction, Colorado, for annexation to said City of the following property situate in Mesa County, Colorado, and described as follows:

(insert legal description)

WHEREAS, a hearing on the petition was duly held after proper notice on the 21st day of November, 1994; and

WHEREAS, the Council has found and determined and does hereby find and determine that said petition is in substantial compliance with statutory requirements therefor; that one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City; that a community of interest exists between the territory and the City; that the territory proposed to be annexed is urban or will be urbanized in the near future; that the said territory is integrated or is capable of being integrated with said City;

that no land held in identical ownership has been divided without the consent of the landowner; that no land held in identical ownership comprising more than twenty acres which, together with the buildings and improvements thereon, has an assessed valuation in excess of two hundred thousand dollars is included without the landowner's consent; and that no election is required under the Municipal Annexation Act of 1965.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:

1. The said territory is eligible for annexation to the City of Grand Junction, Colorado, and should be so annexed by Ordinance.

ADOPTED this 21st day of December, 1994.

Attest: /s/ Reford C. Theobold President of the Council Pro Tem

/s/ Stephanie Nye

City Clerk

EASTERN COMMERCIAL/FRUITWOOD ANNEXATION

A tract of land situated in Sections 30, 31, 32, and 33, Township 1 North, Range 1 East of the Ute Meridian, and in Sections 2, 3, 8, 9, 10, 11, 16 and 17, Township 1 South, Range 1 East of the Ute Meridian, all in the County of Mesa, State of Colorado, being more particularly described as follows:

Beginning at the Northwest Corner of the Southeast ¼ of the Northwest ¼ (SE¼ NW¼) of said Section 30;

thence S 44°33'45" E a distance of 1852.7 feet to a point, said point being 20.0 feet West of the Southeast Corner of the SE¼ NW¼ of said Section 30;

thence South a distance of 19.0 feet to a point;

thence East a distance of 20.0 feet to a point on the East line of the SW¼ of said Section 30;

thence East, parallel with the North line of the NW¼ SE¼ of said Section 30 a distance of 1321 feet to a point, said point being 1.0 feet East and 19.0 feet South of the Northwest Corner of the NE¼ SE¼ of said Section 30;

thence South, parallel with the West line of the NE¼ SE¼ of said Section 30 a distance of 1280 feet to a point, said point being 21.0 feet North and 1.0 feet East of the Southwest Corner of the NE¼ SE¼ of said Section 30;

thence East, parallel with the South line of the NE¼ SE¼ of said Section 30 a distance of 1340 feet to a point, said point being 21.0 feet North and 21.0 feet East of the Southwest Corner of the NW¼ SW¼ of said Section 29;

thence South a distance of 20.0 feet to a point;

thence East, parallel with the South line of the NW¼ SW¼ of said Section 29 a distance of 1300 feet to a point, said point being 1.0 feet North and 1.0 feet East of the Southwest Corner of the NE¼ SW¼ of said Section 29;

thence South, parallel with the West line of the SE¼ SW¼ of said Section 29 a distance of 1300 feet to a point, said point being 21.0 feet North and 1.0 feet East of the Southwest Corner of the SE¼ SW¼ of said Section 29;

thence East a distance of 20.0 feet to a point;

thence South, parallel with the West lines of the NE¼ NW¼ and the SE¼ NW¼ of said Section 32 a distance of 2660 feet to a point, said point being 1.0 feet North and 21.0 feet East of the Southwest Corner of the SE¼ NW¼ of said Section 32;

thence East, parallel with the North lines of the NE¼ SW¼ and the NW¼ SE¼ a distance of 2600 feet to a point, said point being 1.0 feet North and 19.0 feet West of the Northeast Corner of the NW¼ SE¼ of said Section 32;

thence South, parallel with the East line of the NW¼ SE¼ of said Section 32 a distance of 1340 feet to a point, said point being 19.0 feet South and 19.0 feet West of the Northeast Corner of the SW¼ SE¼ of said Section 32;

thence East, parallel with the North line of the SE¼ SE¼ of said Section 32 a distance of 1320 feet to a point, said point being 19.0 feet South and 19.0 feet West of the Northeast Corner of the SE¼ SE¼ of said Section 32;

thence South, parallel with the East line of the SE¼ SE¼ of said Section 32 a distance of 643.07 feet to a point on the North right-of-way line of Interstate Highway No. 70;

thence South a distance of 4.07 feet to a point;

thence Easterly,parallel with the North right-of-way line of Interstate Highway No. 70 the following Eighteen (18) courses and distances:

1. S 79°40'00" E a distance of 66.48 feet to a point;

2. Along a curve to the right having a radius of 5876 feet and a chord bearing N 76°10'00" W a distance of 718.71 feet to a point;

3. S 72°40'00" E a distance of 1710.0 feet to a point;

4. Along a curve to the left having a radius of 5584 feet and a chord bearing S 81°10'17" East a distance of 1616.73 feet to a point;

5. S 89°25'30" E a distance of 46.50 feet to a point;

6. S 89°40'00" E a distance of 2270.0 feet to a point;

7. Along a curve to the right having a radius of 5876 feet and a chord bearing S 83°39'48" E a distance of 1231.84 feet to a point;

8. S 77°40'00" E a distance of 1834.42 feet to a point;

9. S 87°07'30" E a distance of 304.10 feet to a point;

10. S 77°40'00" E a distance of 500.17 feet to a point;

11. S 68°12'30" E a distance of 304.10 feet to a point;

12. S 77°40'00" E a distance of 799.27 feet to a point;

13. S 87°34'00" E a distance of 310.99 feet to a point;

14. Along a curve to the left having a radius of 2669 feet and a chord bearing S 87°01'00" E a distance of 637.67 feet to a point;

15. S 86°48'00" E a distance of 286.21 feet to a point;

16. Along a curve to the left having a radius of 2719 feet and a chord bearing N 70°59'09" E a distance of 868.96 feet to a point;

17. N 60°09'30" E a distance of 243.59 feet to a point;

18. N 59°20'00" E a distance of 235.03 feet to a point;

thence leaving said line parallel to the north right-of-way of Interstate Highway No. 70, S 29°25'30" E a distance of 462.28 feet to a point;

thence S 7°45'00" E a distance of 166.0 feet to a point on the South line of Lot 2 of said Section 2;

thence S 7°45'00" E a distance of 118.0 feet to a point;

thence along a curve to the right having a radius of 855 feet and a chord bearing S 7°08'00" W a distance of 262.6 feet to a point on the West right-of-way of the Clifton Connection between Interstate Highway 70 and U.S. Highway 6 and 24; thence Southwesterly and Westerly along the Westerly right-of-way of said Clifton Connection the following Eighteen (18) courses and distances:

1. S 19°00'30" W a distance of 285.1 feet to a point;

2. S 24°56'00" W a distance of 166.7 feet to a point on the North right-of-way of the U.S. Government Highline Canal;

3. S 30°20'00" W a distance of 221.3 feet to a point on the South right-of-way of the U.S. Government Highline Canal;

4. S 23°24'30" W a distance of 154.3 feet to a point;

5. S 20°08'00" W a distance of 21.4 feet to a point;

6. Along a curve to the left having a radius of 2035 feet and a chord bearing S 17°19'00" W a distance of 178.1 feet to a point on the South line of the SW¼ NE¼ of said Section 2;

7. Along a curve to the left having a radius of 2035 feet and a chord bearing S 13°43'00" W a distance of 78.0 feet to a point;

8. S 09°38'30" W a distance of 309.8 feet to a point;

9. S 08°07'00" W a distance of 232.7 feet to a point;

10. S 9°35'30" W a distance of 290.2 feet to a point;

11. Along a curve to the right having a radius of 1785 feet and a chord bearing S 19°29'00" W a distance of 428.0 feet to a point on the South line of the NW¼ SE¼ of said Section 2;

12. West a distance of 50.0 feet to the Northwest Corner of the

SW¼ SE¼ of said Section 2;

13. West a distance of 40.0 feet to a point;

14. S 00°24'30" E a distance of 221.6 feet to a point;

15. Along a curve to the right having a radius of 1810 feet and a chord bearing S 35°07'30" W a distance of 83.8 feet to a point;

16. S 38°26'44" W a distance of 77.27 feet to a point;

17. S 41°38'30" W a distance of 287.4 feet to a point;

18. S 52°34'30" W a distance of 413.35 feet to a point on the West line of the East ½ of the SE¼ SW¼ of said Section 2, said point being N 00°24'30" W a distance of 506.94 feet from the Southwest corner of the East ½ of the SE¼ SW¼ of said Section 2;

thence leaving said right-of-way, N 00°22'30" W along the West right-of-way line for Apple Street a distance of 815.80 feet to the intersection of the West right-of-way for Apple Street with the South right-of-way for F¼ Road;

thence S 89°59'00" W along the South right-of-way line for F¼ Road a distance of 660.0 feet to a point on the West line of the SE¼ SW¼ of Section 2;

thence South along the West line of the SE¼ SW¼ of said Section 2 a distance of 1140.0 feet to a point from whence the Southwest corner of said SE¼ SW¼ bears South a distance of 160.0 feet;

thence West a distance of 190.43 feet to a point on the West right-of-way line for Helena Street as described in Book 1351 at Page 681 in the office of the Mesa County Clerk and Recorder;

thence North along the West right-of-way line for Helena Street a distance of 48.0 feet to a point;

thence West a distance of 140.0 feet to a point on the East line of Lot 2, Block 4, Irwin's Clifton Heights Subdivision Second Addition;

thence South along the East boundary of said Subdivision a distance of 158.0 feet to the Southeast corner of Lot 1, Block 4 of said Subdivision;

thence South a distance of 50.0 feet to a point on the South line of the SW¼ SW¼ of said Section 2;

thence N 89°48'00" W along the South line of said SW¼ SW¼ a distance of 330.86 feet to a point;

thence S 00°09'31" W a distance of 50.0 feet to the Northwest corner of Lot 2, West Clifton Business Park in Section 11;

thence N 89°48'00" W along the South right-of-way for F Road a distance of 596.31 feet to a line which intersects the South right-of-way for F Road with the East right-of-way for 32 Road;

thence S 45°10'59" W along said intersecting right-of-way line a distance of 35.35 feet to a point on the East right-of-way line for 32 Road;

thence N 89°48'00" W a distance of 39.0 feet to a point from whence the West line of the NW¼ NW¼ of said Section 11 bears N 89°48'00" W a distance of 1.0 feet;

thence North a distance of 75.0 feet to a point on the North line of the NW¼ NW¼ of said Section 11;

thence N 89°48'00" W a distance of 1.0 feet to the Mesa County Brass Cap common to Sections 2, 3, 10 and 11;

thence West along the South line of the SE¼ SE¼ of said Section 3 a distance of 58.18 feet to a point;

thence N 00°01'00" E a distance of 50.0 feet to a point on the North right-of-way for F Road;

thence N 44°41'18" E along a line which intersects the North right-of-way for F Road with the West right-of-way for 32 Road, as described in Book 1924 at Page 402 in the office of the Mesa County Clerk and Recorder, a distance of 40.08 feet to a point on the West right-of-way for 32 Road;

thence N 00°01'01" E along the West right-of-way for 32 Road a distance of 95.51 feet to a point;

thence leaving said right-of-way, West a distance of 203.0 feet to a point;

thence S 00°01'00" W a distance of 124.0 feet to a point on the North right-of-way for F Road as described in Book 1341 at Page 860 in the office of the Mesa County Clerk and Recorder;

thence East along the North right-of-way for F Road a distance of 173.82 feet to a point;

thence leaving said right-of-way, South a distance of 51.0 feet to a point which is 1.0 feet South of the North line of the NE¼ NE¼ of Section 10;

thence East a distance of 59.18 feet to a point on the East line of the NE¼ NE¼ of said Section 10 from whence the Mesa County Brass Cap common to Sections 2, 3, 10 and 11 bears North a distance of 1.0 feet;

thence South along the East line of the NE¼ NE¼ of said Section 10 a distance of 75.0 feet to a point;

thence S 89°48'00" E a distance of 40.0 feet to a point on the East right-of-way for 32 Road in Section 11;

thence along the East right-of-way for 32 Road a the following Four (4) courses and distances:

1. South a distance of 74.0 feet;

2. West a distance of 10.0 feet;

3. South a distance of 181.05 feet;

4. S 00°09'01" W a distance of 329.88 feet;

thence leaving said right-of-way line, N 89°46'47" W a distance of 30.0 feet to the Northeast Corner of the S½ NE¼ NE¼ of Section 10; thence S 89°47'04" W a distance of 33.0 feet to a point on the West right-of-way line for 32 Road;

thence S 00°17'30" E along the West right-of-way for 32 Road a distance of 150.0 feet to a point;

thence leaving said right-of-way line, S 89°42'30" W a distance of 172.0 feet to a point on the East line of Lot 11A, Block 3, Clifton Village Subdivision;

thence S 00°17'30" E along the East line of Block 3, Clifton Village Subdivision, a distance of 504.38 feet to the Southeast Corner of Lot 2B, Block 3, Clifton Village Subdivision;

thence S 76°03'31" W a distance of 116.12 feet to a point on the South right-of-way for Bookcliff Avenue;

thence S 89°42'30" W a distance of 83.15 feet to the Northeast Corner of Lot 1B, Block 7, Clifton Village Subdivision, said point also being on the Northern boundary line of Lot 1, Block 1, Clifton Village Subdivision;

thence along the Northerly and Westerly boundary line of Lot 1, Block 1, Clifton Village Subdivision the following Eight (8) courses and distances:

1. S 00°17'30" E a distance of 25.0 feet;

2. S 36°27'21" W a distance of 93.60 feet;

3. S 89°42'30" W a distance of 520.0 feet;

4. S 00°17'30" E a distance of 100.0 feet;

5. S 89°42'30" W a distance of 69.95 feet;

6. S 00°17'30" E a distance of 433.0 feet;

7. S 07°54'42" W a distance of 139.44 feet;

8. S 00°17'30" E a distance of 160.44 feet to a point on the Northerly right-of-way of U.S. Highway 6 & 24;

thence along the Northerly right-of-way for U.S. Highway 6 & 24 the following Eight (8) courses and distances:

1. S 72°52'34" W a distance of 252.82 feet to the intersection of said right-of-way line with the Southwest corner of Lot 18B, Block 5, Clifton Village Subdivision;

2. S 73°06'55" W a distance of 342.07 feet to the intersection said right-of-way line with the Southwest Corner of Villa Coronado Subdivision Filing No. One;

3. S 72°50'00" W a distance of 1030.52 feet to the intersection of said right-of-way line with the East line of the SW ¼ of said Section 10;

4. N 00°19'00" W a distance of 48.77 feet;

5. S 89°41'00" W a distance of 20.0 feet;

6. S 72°50'00" W a distance of 153.70 feet;

7. S 63°22'00" W a distance of 304.1 feet;

8. S 72°50'00" W a distance of 1347.68 feet;

thence leaving said right-of-way line, North a distance of 172.60 feet to a point;

thence West a distance of 303.83 feet to a point;

thence South a distance of 265.39 feet to a point on the Northerly right-of-way for U.S. Highway 6 & 24;

thence S 72°50'00" W along the Northerly right-of-way for U.S. Highway 6 & 24 a distance of 613.96 feet to the intersection of said right-of-way line with the Southeast Corner of Lot 1, East Park Subdivision in Section 9;

thence continuing along the Northerly right-of-way for U.S. Highway 6 & 24, S 72°53'00" W a distance of 195.47 feet to the intersection of said right-of-way line with the West right-of-way for 31 Road as described in Book 1044 at Page 695 in the office of the Mesa County Clerk and Recorder;

thence N 00°11'40" W along the West right-of-way for 31 Road a distance of 110.0 feet to the Southeast Corner of Lot 8, 31 Road Business Park;

thence S 72°46'27" W along the South line of said Lot 8 a distance of 210.08 feet to the Southwest Corner of said Lot 8;

thence North along the West line of said Lot 8 a distance of 101.37 feet to the Northeast Corner of Lot 7, 31 Road Business Park;

thence S 71°03'15" W along the North line of said Lot 7 a distance of 190.98 feet to the Northwest Corner of said Lot 7;

thence South along the West line of said Lot 7 a distance of 214.42 feet to the Southwest Corner of said Lot 7, said point being on the Northerly right-of-way for U.S. Highway 6 & 24;

thence along the Northerly right-of-way for U.S. Highway 6 & 24 the following Eleven (11) courses and distances:

1. S 69°03'28" W a distance of 450.87 feet to the intersection of said right-of-way line with the Southwest Corner of Lot 5, 31 Road Business Park;

2. S 69°16'30" W a distance of 133.19 feet;

3. S 72°48'48" W a distance of 452.59 feet;

4. S 72°50'00" W a distance of 80.90 feet;

5. S 84°28'00" W a distance of 297.60 feet;

6. S 72°50'00" W a distance of 158.50 feet;

7. S 46°16'00" W a distance of 111.80 feet;

8. S 72°50'00" W a distance of 147.80 feet to the intersection of said right-of-way line with the Southeast Corner of Lot 6, Block 7, Tamarack Meadows Subdivision Filing No. 3 and a Replat of Lot 4, Block 5, Tamarack Meadows Subdivision Filing No. 2;

9. S 73°12'06" W a distance of 156.67 feet;

10. S 72°54'46" W a distance of 113.43 feet to the intersection of said right-of-way line with the Northerly right-of-way for the Grand Valley Irrigation Company Canal;

11. S 72°50'00" W a distance of 220.60 feet to the intersection of the Northerly right-of-way for U.S. Highway 6 & 24 with the Southerly right-of-way line for the Grand Valley Irrigation Company Canal;

thence along the Southerly right-of-way for the Grand Valley Irrigation Company Canal the following Twelve (12) courses and distances:

1. N 67°50'00" W a distance of 285.55 feet;

2. N 64°52'00" W a distance of 132.55 feet;

3. N 58°52'33" W a distance of 174.38 feet to the intersection of said right-of-way with the Northeast Corner of Fruitvale Business Park;

4. N 67°34'33" W a distance of 131.93 feet;

5. N 82°56'03" W a distance of 87.64 feet;

6. S 85°20'57" W a distance of 217.41 feet to the intersection of said right-of-way with the Northwest Corner of Fruitvale Business Park;

7. S 88°25'75" W a distance of 122.77 feet;

8. N 82°43'57" W a distance of 131.68 feet;

9. N 56°23'33" W a distance of 89.41 feet;

10. South a distance of 11.30 feet;

11. N 50°47'20" W a distance of 94.82 feet;

12. N 42°30'02" W a distance of 92.94 feet to the intersection of said right-of-way line with the North line of the SW¼ SW¼ of said Section 9;

thence leaving said right-of-way line, S 89°47'43" W along the North line of the SW¼ SW¼ of said Section 9 a distance of 1055.79 feet to a point on the East right-of-way for 30 Road;

thence South along the East right-of-way for 30 Road a distance of 480.0 feet to a point;

thence West a distance of 90.0 feet to a point on the West right-of-way for 30 Road;

thence West a distance of 280.0 feet to a point on the East line of Ford Subdivision;

thence South along the East line of Ford Subdivision a distance of 370.0 feet to the Northeast Corner of Lot 3 of said Subdivision;

thence West along the North line of Lot 3 of Ford Subdivision a distance of 140.0 feet to the Northwest Corner of said Lot 3, said point also being on the East right-of-way for Florence Avenue;

thence South along the East right-of-way for Florence Avenue a distance of 184.75 feet to the intersection of said right-of-way with the Northerly right-of-way for U.S. Highway 6 & 24;

thence along the Northerly right-of-way for U.S. Highway 6 & 24 the following Three (3) courses and distances:

1. 250.18 feet along the arc of a curve to the left having a radius of 1557.50 feet, a central angle of 09°12'12", and a long chord bearing S 68°48'19" W a distance of 249.91 feet;

2. S 77°39'30" W a distance of 360.80 feet;

3. S 58°24'30" W a distance of 106.0 feet;

thence leaving said right-of-way, S 72°00'45" W a distance of 130.58 feet to a point on the South right-of-way for North Avenue in Section 17 from whence the Northwest Corner of the NE¼ NE¼ of said Section 17 bears North a distance of 40.0 feet;

thence S 89°51'00" W along the South right-of-way for North Avenue a distance of 508.90 feet to a point which is 10.0 feet North of the Northeast Corner of Duo Subdivision;

thence North a distance of 80.0 feet to a point on the North right-of-way for North Avenue in Section 8;

thence S 89°51'00" W along the North right-of-way for North Avenue a distance of 151.0 feet to the intersection of said right-of-way line with the East line of the SW¼ SW¼ SE¼ of said Section 8;

thence N 00°05'50" W along the East line of the SW¼ SW¼ SE¼ of said Section 8 a distance of 230.00 feet;

thence N 89°59'58" W a distance of 661.52 feet to a point on the West line of the SW¼ SW¼ SE¼ of said Section 8;

thence N 00°06'35" W along the West line of the SW¼ SW¼ SE¼ of said Section 8 a distance of 129.85 feet to a point;

thence N 89°53'14" W a distance of 30.0 feet to the Southeast Corner of Lot 7, Block 4, Palace Estates Subdivision;

thence N 89°53'14" W along the South line of Palace Estates Subdivision a distance of 631.06 feet to the Southwest Corner of Lot 1 of said Subdivision;

thence West a distance of 330.0 feet to a point;

thence North a distance of 260.0 feet to a point;

thence West a distance of 165.0 feet to a point;

thence South a distance of 200.0 feet to a point;

thence West a distance of 140.0 feet to a point on the East right-of-way for 29¼ Road;

thence South along the East right-of-way for 29¼ Road a distance of 187.0 feet to a point;

thence West a distance of 50.0 feet to a point on the West right-of-way for 29¼ Road;

thence West a distance of 145.0 feet to a point;

thence South a distance of 13.0 feet to a point;

thence West a distance of 140.0 feet to a point on the East right-of-way for Morning Glory Lane;

thence West a distance of 40.0 feet to a point on the West right-of-way for Morning Glory Lane;

thence North along the West right-of-way for Morning Glory Lane a distance of 379.11 feet to the intersection of said right-of-way with the South right-of-way for Bunting Avenue;

thence West along the South right-of-way for Bunting Avenue a distance of 591.0 feet to a point;

thence leaving said right-of-way, South a distance of 289.40 feet to a point;

thence West a distance of 187.55 feet to a point;

thence South a distance of 19.71 feet to a point;

thence West a distance of 138.0 feet to a point on the East right-of-way for 29 Road;

thence South along the East right-of-way for 29 Road a distance of 20.0 feet to a point;

thence leaving said right-of-way, East a distance of 352.0 feet to a point;

thence South a distance of 350.0 feet to a point on the South right-of-way for North Avenue in Section 17;

thence West along the South right-of-way for North Avenue a distance of 209.0 feet to a point;

thence leaving said right-of-way, South a distance of 224.0 feet to a point;

thence West a distance of 120.0 feet to a point on the East right-of-way for 29 Road;

thence North along the East right-of-way for 29 Road a distance of 224.0 feet to the intersection of said right-of-way line with the South right-of-way for North Avenue;

thence West a distance of 50.0 feet to a point on the West line of the NW¼ NW¼ of said Section 17 from whence the Northwest Corner of said Section 17 bears North a distance of 40.0 feet;

thence S 00°16'00" E along the West line of the NW¼ of said Section 17 a distance of 1424.40 feet to a point on the Northerly right-of-way for U.S. Highway 6 & 24;

thence along the Northerly right-of-way for U.S. Highway 6 & 24 the following Six (6) courses and distances:

1. N 73°32'00" E a distance of 31.20 feet;

2. S 53°22'00" E a distance of 60.0 feet;

3. N 73°32'00" E a distance of 3541.30 feet;

4. N 72°52'00" E a distance of 31.10 feet;

5. 507.60 feet along the arc of a curve to the left having a radius of 1332.50 feet and a long chord bearing N 61°17'10" E a distance of 504.63 feet;

6. N 50°22'00" E a distance of 101.90 feet;

thence leaving said right-of-way line, North a distance of 111.80 feet to a point on the South right-of-way for North Avenue;

thence leaving said right-of-way line, N 89°30'02" E a distance of 518.92 feet to a point on the Southerly right-of-way for U.S. Highway 6 & 24;

thence along the Southerly right-of-way for U.S. Highway 6 & 24 the following Four (4) courses and distances:

1. S 75°09'03" W a distance of 54.40 feet;

2. 220.50 feet along the arc of a curve to the left having a radius of 1322.50 feet and a long chord bearing S 55°07'14" W a distance of 220.19 feet;

3. S 50°22'00" W a distance of 306.90 feet;

4. 216.10 feet along the arc of a curve to the right having a radius of 1532.50 feet and a long chord bearing S 54°24'16" W a distance of 215.89 feet to the intersection of said right- of-way with the West line of the NE¼ NE¼ of said Section 17;

thence leaving said right-of-way, South a distance of 43.83 feet to a point on the Northerly right-of-way for the Denver & Rio Grande Western Railroad;

thence N 73°03'00" E along the Northerly right-of-way for the Denver & Rio Grande Western Railroad a distance of 1340.89 feet to the intersection of said right-of-way line with the West right-of-way for 30 Road;

thence South along the West right-of-way for 30 Road a distance of 209.08 feet to the intersection of said right-of-way line with the Southerly right-of-way for the Denver & Rio Grande Western Railroad;

thence S 73°01'09" W along the Southerly right-of-way for the Denver & Rio Grande Western Railroad a distance of 1340.89 feet to a point;

thence leaving said right-of-way line, S 00°03'05" W a distance of 0.54 feet to a point;

thence S 89°57'07" E a distance of 1282.43 feet to a point on the West right-of-way for 30 Road;

thence South along the West right-of-way for 30 Road a distance of 190.75 feet to a point;

thence leaving said right-of-way, East a distance of 90.0 feet to the intersection of the East right-of-way for 30 Road with the South right-of-way for Hill Court in Section 16;

thence N 89°57'30" E along the South right-of-way for Hill Court a distance of 238.00 feet to the Northwest Corner of Lot 1, Block 8, Fruitwood Subdivision Filing No. Two, a Replat of A Part of Lot 1 of Key Subdivision;

thence South along the West line of said Lot 1 a distance of 121.19 feet to the Southwest Corner of said Lot 1;

thence N 89°57'30" E along the South line of said Fruitwood Subdivision Filing No. Two a distance of 362.0 feet to the Southeast Corner of Lot 4, Block 8 of said Subdivision;

thence South a distance of 347.03 feet to the Southwest Corner of Lot 8, Block 8, Fruitwood Subdivision Filing No. Three, a Replat of A Part of Lot 1 of Key Subdivision;

thence N 89°55'30" E along the South line of said Fruitwood Subdivision Filing No. Three a distance of 180.24 feet to a point which is common with the Southeast Corner of Lot 9, Block 8 of said Subdivision and the Southwest Corner of Lot 10, Block 8 of Fruitwood Subdivision Filing No. Five;

thence N 89°55'30" E along the South line of said Fruitwood Subdivision Filing No. Five a distance of 1152.20 feet to a point which is common with the Southeast Corner of said Subdivision with the Southwest Corner of Fruitwood Subdivision Filing No. Four;

thence N 89°55'30" E along the South line of said Fruitwood Subdivision Filing No. Four a distance of 660.82 feet to a point which is common with the Southeast Corner of Lot 1, Block 5 of said Subdivision with the Southwest Corner of Lot 1, Block 12 of Fruitwood Subdivision Filing No. Seven;

thence N 89°53'11" E along the South line of Fruitwood Subdivision Filing No. Seven a distance of 330.21 feet to the Southeast Corner of said Subdivision;

thence N 00°00'31" E along the East line of said Fruitwood Subdivision Filing No. Seven a distance of 1289.77 to the Northeast Corner of Lot 1, Block 13 of said Subdivision;

thence N 00°00'31" E a distance of 30.0 feet to a point on the North line of the NW¼ NE¼ of said Section 16;

thence S 89°54'00" W along the North line of the NW¼ NE¼ of said Section 16 a distance of 330.41 feet to the North ¼ Corner of said Section 16;

thence S 89°54'00" W along the North line of the NW¼ of said Section 16 a distance of 1156.69 feet to a point;

thence South a distance of 30.0 feet to the Northwest Corner of Lot 38, Block 7, Fruitwood Subdivision Filing No. Seven;

thence South along the West line of Fruitwood Subdivision Filing No. Seven a distance of 630.86 feet to the Northeast Corner of Lot 18, Block 7 of Fruitwood Subdivision Filing No. Five;

thence S 89°57'30" W along the North line of Fruitwood Subdivision Filing No. Five a distance of 630.57 feet to a point which is common with the Northwest Corner of Lot 10, Block 9 of said Subdivision with the Northeast Corner of Lot 9, Block 9 of Fruitwood Subdivision Filing No. Three;

thence S 89°57'30" W along the North line of Fruitwood Subdivision Filing No. Three a distance of 270.0 feet to a point which is common with the Northwest Corner of Lot 7, Block 9 of said Subdivision with the Northeast Corner of Lot 6, Block 9 of Fruitwood Subdivision Filing No. Two;

thence S 89°57'30" W along the North line of Fruitwood Subdivision Filing No. Two a distance of 536.0 feet to the Northwest Corner of Lot 1, Block 9 of said Subdivision;

thence West a distance of 10.0 feet to a point on the East right-of-way for 30 Road;

thence North along the East right-of-way for 30 Road a distance of 551.85 feet to the intersection of said right-of-way line with the Northerly right-of-way for the Denver & Rio Grande Western Railroad;

thence N 72°52'00" E along the Northerly right-of-way for the Denver & Rio Grande Western Railroad a distance of 365.84 feet to a point which is 30.0 feet South of the North line of the NW¼ of said Section 16;

thence leaving said right-of-way line, West a distance of 92.73 feet to a point;

thence North a distance of 3.4 feet to a point;

thence S 80°56'53" W a distance of 21.6 feet to a point;

thence West a distance of 248.14 feet to a point on the West line of the NW¼ of said Section 16 from whence the Northwest Corner of said Section 16 bears North a distance of 30.0 feet;

thence S 89°51'00" W along a line which is parallel with and 30.0 feet South of the North line of the NE¼ NE¼ of Section 17 a distance of 672.00 feet to a point;

thence S 62°29'00" W a distance of 3.10 feet to a point;

thence South a distance of 15.50 feet to a point;

thence S 89°30'02" W a distance of 522.12 feet to a point which is 1.0 feet North of the South right-of-way line for North Avenue;

thence S 89°51'00" W along a line which is parallel with and 1.0 feet North of the South right-of-way for North Avenue a distance 125.50 feet to a point which is 49.0 feet South and 1.0 feet East of the Northwest Corner of the NE¼ NE¼ of said Section 17;

thence North a distance of 7.95 feet to a point;

thence N 72°00'45" E a distance of 131.03 feet to a point which is 1.05 feet South of the Northerly right-of-way for U.S. Highway 6 & 24;

thence along a line which is parallel with and 1.0 feet Southerly, as measured perpendicularly, of the Northerly right-of-way for U.S. Highway 6 & 24 the following Three (3) courses and distances:

1. N 58°24'30" E a distance of 105.94 feet;

2. N 77°39'30" E a distance of 360.86 feet;

3. 251.02 feet along the arc of a curve to the right having a radius of 1556.50 feet, a central angle of 09°12'12", and a long chord bearing N 68°49'25" E a distance of 250.75 feet;

thence leaving said parallel line, North a distance of 1.04 feet to a point on the Northerly right-of-way for U.S. Highway 6 & 24;

thence along the Northerly right-of-way for U.S. Highway 6 & 24 the following Seventeen (17) courses and distances:

1. 142.25 feet along the arc of a curve to the right having a radius of 1557.50 feet, a central angle of 05°13'59", and a long chord bearing N 77°19'58" E a distance of 142.20 feet to the Southeast Corner of Lot 1 of Ford Subdivision;

2. 42.40 feet along the arc of a curve to the right having a radius of 1557.50 feet, a central angle of 01°33'35", and a long chord bearing N 80°43'30" E a distance of 42.40 feet;

3. N 75°27'00" E a distance of 206.10 feet;

4. N 45°06'00" E a distance of 80.10 feet;

5. N 89°45'00" E a distance of 30.00 feet to a point on the East line of the Southeast Corner of Section 8;

6. S 00°15'00" E along the East line of said Section 8 a distance of 39.51 feet;

7. N 89°45'00" E a distance of 30.0 feet;

8. S 30°19'00" E a distance of 39.90 feet;

9. S 75°00'00" E a distance of 90.3 feet;

10. S 80°48'00" E a distance of 42.50 feet;

11. N 88°54'00" E a distance of 315.20 feet;

12. 506.60 feet along the arc of a curve to the left having a radius of 1810.00 feet, a central angle of 16°04'03", and a long chord bearing N 80°51'55" E a distance of 505.92 feet;

13. N 72°50'00" E a distance of 425.91 feet to the Southwest Corner of Lot 1, Fruitvale Business Park;

14. N 72°47'00" E a distance of 445.59 feet to the Southeast Corner of Lot 33, Fruitvale Business Park;

15. N 63°22'00" E a distance of 304.10 feet;

16. N 72°50'00" E a distance of 150.0 feet;

17. S 85°22'00" E a distance of 107.70 feet;

thence leaving said right-of-way line, S 85°22'00" E a distance of 2.69 feet to a point;

thence along a line which is parallel with and 1.0 feet Southerly, as measured perpendicularly, of the Northerly right-of-way for U.S. Highway 6 & 24 the following Twenty (20) courses and distances:

1. N 72°50'00" E a distance of 232.50 feet;

2. N 72°54'46" E a distance of 113.41 feet;

3. N 73°12'06" E a distance of 156.68 feet;

4. N 72°50'00" E a distance of 148.05 feet;

5. N 46°16'00" E a distance of 111.80 feet;

6. N 72°50'00" E a distance of 158.16 feet;

7. N 84°28'00" E a distance of 297.60 feet;

8. N 72°50'00" E a distance of 81.44 feet;

9. N 72°48'48" E a distance of 452.18 feet;

10. N 69°16'30" E a distance of 132.86 feet;

11. N 69°03'28" E a distance of 568.19 feet;

12. N 72°04'12" E a distance of 75.61 feet;

13. N 72°53'00" E a distance of 405.49 feet;

14. N 72°50'00" E a distance of 2279.47 feet;

15. N 63°22'00" E a distance of 304.10 feet;

16. N 72°50'00" E a distance of 152.71 feet;

17. S 22°36'53" E a distance of 52.71 feet;

18. N 72°50'00" E a distance of 1031.42 feet;

19. N 73°06'55" E a distance of 342.06 feet;

20. N 72°52'34" E a distance of 253.82 feet;

thence leaving said parallel line, N 00°17'30" W a distance of 1.04 feet to a point on the Northerly right-of-way for U.S. Highway 6 & 24;

thence along the Northerly right-of-way for U.S. Highway 6 & 24 the following Nine (9) courses and distances:

1. N 72°52'34" E a distance of 116.62 feet;

2. N 66°57'48" E a distance of 433.10 feet;

3. N 52°20'30" E a distance of 607.51 feet;

4. N 29°42'30" E a distance of 85.40 feet;

5. N 00°17'30" W a distance of 85.40 feet;

6. N 89°42'30" E a distance of 30.0 feet to the intersection of said right-of-way line with the East line of the NE¼ of Section 10;

7. N 89°42'00" E a distance of 30.0 feet;

8. N 84°06'00" E a distance of 114.60 feet;

9. N 43°15'00" E a distance of 370.67 feet;

thence leaving said right-of-way line, S 48°41'59" E a distance of 214.73 feet to the intersection of the Southerly right-of-way for U.S. Highway 6 & 24 with the Easterly right-of-way for the 32 Road By-Pass, said point also being the Northwest Corner of Lot 2, Block 3, Phase III of Peach Tree Bulk Development;

thence along a line which is common with the Easterly right-of-way for the 32 Road By-Pass and the Westerly line of Block 3, Phase III of Peach Tree Bulk Development the following Five (5) courses and distances:

1. S 50°43'41" E a distance of 73.70 feet;

2. S 54°00'30" E a distance of 115.83 feet;

3. S 36°13'00" E a distance of 129.51 feet;

4. S 11°18'49" E a distance of 257.21 feet to the intersection of said right-of-way with the Southwest Corner of Block 3, Phase III, Peach Tree Bulk Development;

5. S 11°18'49" E a distance of 40.0 feet to the intersection of said right-of-way with the Northerly right-of-way for the Denver & Rio Grande Western Railroad;

thence N 72°47'43" E along the Northerly right-of-way for the Denver & Rio Grande Western Railroad a distance of 506.06 feet to a point on the East line of the SW¼ NW¼ of Section 11;

thence N 00°13'34" W along the East line of the SW¼ NW¼ of said Section 11 a distance of 433.0 feet to the Northeast Corner of Lot 5, Block, 3, Phase III of Peach Tree Bulk Development;

thence continuing N 00°13'34" W a distance of 1.48 feet to the Northeast Corner of the SW¼ NW¼ of said Section 11;

thence N 89°46'44" E along the South line of the NE¼ NW¼ of said Section 11 a distance of 331.84 feet to a point;

thence N 00°15'14" W a distance of 130.06 feet to a point;

thence N 89°49'26" E a distance of 330.74 feet to a point on the West line of Schumacher Subdivision Filing No. Two;

thence N 00°37'31" W along the West line of Schumacher Subdivision Filing No. Two a distance of 529.31 feet to the Northwest Corner of said Subdivision;

thence N 89°45'42" E a distance of 181.14 feet to the Southwest Corner of Lot 5, Block 2, Phase II of Peach Tree Bulk Development;

thence N 00°12'00" W along the West line of Block 2, Phase II of Peach Tree Bulk Development a distance of 399.54 feet to the Southwest Corner of Lot 1 of said Block 2;

thence N 89°48'00" E along the South line of Lot 1, Block 2, Phase II of Peach Tree Bulk Development a distance of 135.0 feet to the Southwest Corner of Lot 2 of said Block 2;

thence along the boundary line of Lot 2, Block 2, Phase II of Peach Tree Bulk Development the following Four (4) courses and distances:

1. N 89°48'00" E a distance of 30.0 feet;

2. N 00°12'00" W a distance of 31.47 feet;

3. S 54°04'55" E a distance of 147.0 feet the Southeast Corner of said Lot 2;

4. N 00°12'00" W a distance of 269.33 feet to the Northeast Corner of said Lot 2;

thence N 84°04'50" E along a line which is common with the Northerly boundary of Lot 3, Block 2, Phase II of Peach Tree Bulk Development and the Southerly right-of-way for I-70 Business Loop a distance of 159.31 feet to a point;

thence N 89°48'00" E along said common line a distance of 41.15 feet to the Northeast Corner of Lot 3, Block 2, Phase II of Peach Tree Bulk Development;

thence N 00°28'06" W a distance 30.0 feet to the North ¼ Corner of Section 11;

thence N 00°24'30" W along the East line of the SE¼ SW¼ of Section 2 a distance of 175.0 feet to a point;

thence S 89°48'00" W a distance of 40.0 feet to the Northeast Corner of Lot 7, Block 4 of Strains Subdivision;

thence S 89°48'08" W along the North line of Lot 7, Block 4 of Strains Subdivision a distance of 100.0 feet to the Southeast Corner of Lot 5, Block 4 of said Subdivision;

thence N 00°24'30" W along the East line of Lot 5, Block 4 of Strains Subdivision a distance of 135.0 feet to the Northeast Corner of said Lot 5;

thence N 00°24'30" W a distance of 30.0 feet to a point in the center line of Peach Street;

thence S 89°48'00" W along the center line of Peach Street a distance of 191.67 feet to a point on the Easterly right-of-way of the Clifton Connection between Interstate No. 70 and U.S. Highway 6 & 24;

thence N 63°27'56" W a distance of 368.31 feet to a point on the West line of the East ½ of the SE¼ SW¼ of Section 2, said point being N 00°24'30" W a distance of 505.69 feet from the Southwest Corner of the East ½ of the SE¼ SW¼ of said Section 2;

thence along a line which is parallel with and 1.0 feet Easterly, as measured perpendicularly, of the Westerly right-of-way of the Clifton Connection between U.S. Highway 6 & 24 and Interstate No. 70 the following Eighteen (18) courses and distances:

1. N 52°34'30" East a distance of 413.45 feet to a point;

2. N 41°38''30" E a distance of 287.53 feet to a point;

3. N 38°26'44" E a distance of 77.32 feet to a point;

4. Along a curve to the left having a radius of 1811 feet and a chord bearing N 35°07'13" E a distance of 84.21 feet to a point;

5. N 00°24'30" E a distance of 220.91 feet to a point;

6. N 89°48'00" E a distance of 38.99 feet to a point;

7. East a distance of 50.62 feet to a point;

8. Along a curve to the left having a radius of 1786 feet and a chord bearing N 19°29'00" E a distance of 429.92 feet to a point;

9. N 09°35'30" E a distance of 290.24 feet to a point;

10. N 08°07'00" E a distance of 232.70 feet to a point;

11. N 09°38'30" E a distance of 309.76 feet to a point;

12. Along a curve to the right having a radius of 2034 feet and a chord bearing N 13°43'01" E a distance of 77.94 feet to a point on the South line of the SW¼ NE¼ of said Section 2;

13. Along a curve to the right having a radius of 2034 feet and a chord bearing N 17°19'00" E a distance of 178.11 feet to a point;

14. N 20°08'00" E a distance of 21.37 feet to a point;

15. N 23°24'30" E a distance of 154.21 feet to a point on the South right-of-way line of the U.S. Government Highline Canal;

16. N 30°20'00" E a distance of 221.29 feet to a point on the North right-of-way line of the U.S. Government Highline Canal;

17. N 24°56'00" E a distance of 166.80 feet to a point;

18. N 19°00'30" E a distance of 285.18 feet to a point;

thence leaving said Westerly right-of-way of said Clifton Connection along a curve to the left having a radius of 856 feet and a chord bearing N 07°07'57" E a distance of 264.03 feet to a point;

thence N 07°45'00" W a distance of 118.05 feet to a point on the South line of Lot 2 of said Section 2;

thence N 07°45'00" W a distance of 166.19 feet to a point;

thence N 29°25'30" W a distance of 462.47 feet to a point on the North right-of-way line of Interstate Highway No. 70;

thence Westerly along said North right-of-way line the following Twenty-One (21) courses and distances:

1. S 59°20'00" West a distance of 235.0 feet to a point;

2. S 60°09'30" W a distance of 243.5 feet to a point;

3. Along a curve to the right having a radius of 2715 feet and a chord bearing S 63°06'00" W a distance of 120.2 feet to a point on the West line of Lot 2 of said Section 2;

4. Along a curve to the right having a radius of 2715 feet and a chord bearing S 72°15'00" W a distance of 746 feet to a point;

5. N 86°48'00" W a distance of 286.0 feet to a point;

6. Along a curve to the right having a radius of 2665 feet and a chord bearing N 87°01'00" W a distance of 637.2 feet to a point;

7. N 87°34'00" W a distance of 310.9 feet to a point;

8. N 77°40'00" West a distance of 700.1 feet to the West line of said Section 2;

9. N 77°40'00" W a distance of 99.9 feet to a point;

10. N 68°12'30" W a distance of 304.1 feet to a point;

11. N 77°40'00" West a distance of 500.0 feet to a point;

12. N 87°07'30" W a distance of 304.1 feet to a point;

13. N 77°40'00" W a distance of 1834.5 feet to a point;

14. Along a curve to the left having a radius of 5880 feet and a chord bearing N 83°39'48" W a distance of 1231.4 feet to a point;

15. N 89°40'00" West a distance of 1001.3 feet to the West line of said Section 3;

16. N 89°40'00" West a distance of 1268.7 feet to a point;

17. N 89°25'30" W a distance of 46.50 feet to a point;

18. Along a curve to the right having a radius of 5580 feet and a chord bearing N 81°10'17" W a distance of 1612.27 feet to a point;

19. N 72°40'00" West a distance of 1710.0 feet to a point;

20. Along a curve to the left having a radius of 5880 feet and a chord bearing N 76°10'00" West a distance of 718.3 feet to a point;

21. N 79°40'00" W a distance of 47.9 feet to a point on the West line of said Section 33;

thence leaving said North right-of-way line, North along the East line of SE¼ SE¼ of said Section 32 a distance of 662.07 feet to the Northeast Corner of the SE¼ SE¼ of said Section 32;

thence West along the North line of the SE¼ SE¼ of said Section 32 a distance of 1320 feet to the Northwest Corner of the SE¼ SE¼ of said Section 32;

thence North along the East line of the NW¼ SE¼ of said Section 32 a distance of 1320 feet to the Northeast Corner of the NW¼ SE¼ of said Section 32;

thence North along the East line of the SW¼ NE¼ of said Section 32 a distance of 1320 feet to the Northeast Corner of the SW¼ NE¼ of said Section 32;

thence West along the North line of the SW¼ NE¼ of said Section 32 a distance of 1320 feet to the Northwest Corner of the SW¼ NE¼ of said Section 32;

thence North along the West line of the NW¼ NE¼ of said Section 32 a distance of 1320 feet to the Northwest Corner of the NW¼ NE¼ of said Section 32;

thence North along the East line of the SW¼ of said Section 29 a distance of 2640 feet to the Northeast Corner of the SW¼ of said Section 29;

thence West along the North line of the SW¼ of said Section 29 a distance of 2640 feet to the Northwest Corner of the SW¼ of said Section 29;

thence West along the North line of the SE¼ of said Section 30 a distance of 2640 feet to the Northwest Corner of the SE¼ of said Section 29;

thence North along the East line of the SE¼ NW¼ of said Section 30 a distance of 1320 feet to the Northeast Corner of the SE¼ NW¼ of said Section 30;

thence West along the North line of the SE¼ NW¼ of said Section 30 a distance of 1320 feet to the Point of Beginning,

EXCEPTING THEREFROM the following described parcels of land:

Exception Parcel No. 1: Beginning at the Mesa County Brass Cap which is common to Sections 2, 3, 10 and 11; thence West along the line which is common to the SE ¼ of Section 3 and the NE¼ of Section 10 a distance of 1.0 feet; thence South a distance of 1.0 feet to a point; thence East a distance of 1.0 feet to the line which is common to the NE¼ of Section 10 and the NW¼ of Section 11; thence North along said line a distance of 1.0 feet to the Point of Beginning.

Exception Parcel No. 2: Beginning at the intersection of the Northerly right-of-way for U.S. Highway 6 & 24 with the East right of Way for Villa Street in Section 10; thence S 73°06'55" W along the Northerly right-of-way for U.S. Highway 6 & 24 a distance of 127.87 feet to the Southwest Corner of Lot 1, Villa Coronado Subdivision Filing No. One; thence S 00°15'00" E a distance of 1.05 feet to a point; thence N 73°06'55" E along a line which is parallel with and 1.0 feet Southerly, as measured perpendicularly, from the Northerly right-of-way line for U.S. Highway 6.& 24, a distance of 127.87 feet to a point; thence N 00°15'00" W a distance of 1.05 feet to the Point of Beginning.

Exception Parcel No. 3: Commencing at a point which is 49.0 feet South and 1.0 feet East of the Northwest Corner of the NE¼ NE¼ of Section 17; thence N 89°51'00" E along a line which is parallel with and 49.0 feet South of the North line of the NE¼ NE¼ of Section 17 a distance of 125.50 feet; thence N 89°30'02" E a distance of 231.36 feet to the Point of Beginning; thence N 89°30'02" E a distance of 1.72 feet; thence S 53°54'18" W a distance of 1.72 feet; thence S 89°30'02" W a distance of 1.72 feet; thence N 53°54'18" E a distance of 1.72 feet to the Point of Beginning.