RESOLUTION NO. 39-03

A RESOLUTION ACCEPTING A PETITION FOR THE ANNEXATION, MAKING CERTAIN FINDINGS, DETERMINING THAT THE PROPERTY KNOWN AS THE

FRUITVALE ESTATES ANNEXATION

IS ELIGIBLE FOR ANNEXATION

LOCATED at 3083 E ½ ROAD.

 WHEREAS, on the 5th day of March, 2003, a petition was referred 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:

A certain parcel of land lying in the Southeast Quarter (SE 1/4) of Section 9, Township 1 South, Range 1 East of the Ute Meridian, County of Mesa, State of Colorado, being more particularly described as follows:

COMMENCING at the Northeast corner of the SE 1/4 of said Section 9, and assuming the North line of the SE 1/4 of said Section 9 bears N 89°57’41” W with all other bearings contained herein being relative thereto; thence from said Point of Commencement, N 89°57’41” W along the North line of the SE 1/4 of said Section 9, a distance of 776.57 feet to the POINT OF BEGINNING; thence from said Point of Beginning, S 00°02’19” W a distance of 335.59 feet; thence S 89°57’41” E a distance of 77.74 feet; thence S 00°07’41” E a distance of 367.81 feet; thence N 73°05’04” E along a line 1.00 feet North of and parallel with, the South right of way for E 1/4 Road, as same is recorded in Plat Book 9, Page 41, Public Records of Mesa County, Colorado, a distance of 608.96 feet to a point on the East right of way for 31 Road, as same is shown on the Plat of East Park, as recorded in Plat Book 11, Page 173, Public Records of Mesa County, Colorado; thence S 00°09’02” E along said East right of way, a distance of 1.04 feet; thence S 73°05’04” W along the South right of way for said E 1/4 Road, a distance of 911.57 feet to a point being the Northwest corner of Lot 4, Plat of 31 Road Business Park, as same is recorded in Plat Book 12, Page 353, Public Records of Mesa County, Colorado; thence N 00°02’50” E along the East line of the Gamble/Sage Annexation, Ordinance Number 3347, City of Grand Junction, Colorado, a distance of 62.70 feet to a point on the North right of way for said E 1/4 Road; thence N 73°05’04” E along said North right of way, a distance of 0.90 feet; thence N 00°07’41” W a distance of 729.73 feet, more or less, to a point on the North line of the SE 1/4 of said Section 9; thence S 89°57’41” E along the North line of the SE 1/4 of said Section 9, a distance of 212.00 feet, more or less, to the Point of Beginning.

CONTAINING 4.3815 Acres (190,857.07 Sq. Ft.), more or less, as described.

WHEREAS, a hearing on the petition was duly held after proper notice on the 16^th day of April, 2003; and

 WHEREAS, the Council has found and determined and does hereby find and determine that said petition is in substantial compliance with statutory requirements therefore; 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:

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

 ADOPTED this 16^th day of April, 2003.

/s/: Cindy Enos-Martinez President of the Council

Attest:

/s/: Stephanie Tuin

City Clerk