RESOLUTION NO. 112-05

A RESOLUTION APPROVING DESIGNATION OF CITY OWNED LAND AS RIGHT-OF-WAY

Recitals

 Sunflower Investment, LLC has applied to the City to develop Redlands Mesa, Phase IV as a Planned Development. The proposed development is for Block 3 of Redlands Mesa Filing No. 5, recorded with the Mesa County Clerk & Recorder in the public records in Plat Book 3553, Pages 918-923. Sunflower Investment has requested City Council to designate City owned land as right-of-way for access to the parcel.

 The Planning Commission has recommended that City Council approve the proposed Preliminary Plan and Planned Development Ordinance with the condition that the right-of-way access must be obtained.

 City staff has reviewed the proposed use of the City land as right-of-way. Staff recommends that the City Council designate the land included in the legal description set forth in the attached Exhibit A and depicted in the accompanying sketch, incorporated herein as if fully rewritten, as right-of-way for the use and benefit of Sunflower Investment for the purposes of the Redlands Mesa subdivision.

 City Council has considered the value of the land and the benefit of designating the land for use as right-of-way and consents to the same.

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

 Upon the vacation of the Right-of-Way granted by Resolution and recorded at Book 1037, Pages 381-382, Mesa County Clerk and Recorder, the City shall designate the land described in the attached Exhibit A as right-of-way.

PASSED, ADOPTED AND SIGNED this 15th day of June, 2005.

/s/: Bruce Hill

President of City Council

ATTEST:

/s/: Stephanie Tuin

City Clerk        

EXHIBIT A

A parcel of land situated in the northwest quarter of the southwest quarter of Section 21, Township 1 South, Range 1 West of the Ute Meridian, County of Mesa, State of Colorado, being more particularly described as follows:

Commencing at the west quarter corner of said Section 21;

Thence along the west line of said Section 21 South 1°14'38" West, a distance of 151.69 feet to a point on the west edge of a right-of-way described in Book 1136 at Page 301, being the Point of Beginning;

Thence along said right-of-way South 26°04'06" East, a distance of 161.42 feet;

Thence South 76°05'00" West, a distance of 76.74 feet to the west line of said Section 21;

Thence along said west line North 01°14'38" East, a distance of 163.49 feet to the Point of Beginning.

Containing 0.139 acres, more or less.

All bearings herein are relative to a bearing of South 1°14'38" East from the west quarter corner of said Section 21 (a 2” pipe with a 3 ½” cap marked “PLS 18480”) to the south sixteenth corner on the west line of said Section 21, (Mesa County Survey Marker #1209).

See EXHIBIT B attached for a representative sketch of this description.