RESOLUTION NO. 42-05

A RESOLUTION

REFERRING A PETITION TO THE CITY COUNCIL

FOR THE ANNEXATION OF LANDS

TO THE CITY OF GRAND JUNCTION, COLORADO,

SETTING A HEARING ON SUCH ANNEXATION,

AND EXERCISING LAND USE CONTROL

WHALEY ANNEXATION

LOCATED AT 2941 & 2949 B ½ ROAD

WHEREAS, on the 2^nd day of March, 2005, 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:

WHALEY ANNEXATION NO. 1

A certain parcel of land lying in the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) of Section 29, Township 1 South, Range 1 East of the Ute Principal Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

BEGINNING at the Southeast corner of the Crista Lee Subdivision, as same is recorded in Plat Book 20, Page 59 of the Public Records of Mesa County, Colorado and assuming the East line of said Crista Lee Subdivision bears N 00°09'21" W with all other bearings contained herein being relative thereto; thence from said Point of Beginning, N 00°09'21" W along the East line of said Crista Lee Subdivision, a distance of 658.68 feet to a point on the North line of the NE 1/4 SW 1/4 of said Section 29; thence N 89°49'20" E along the North line of the NE 1/4 SW 1/4 of said Section 29, a distance of 329.96 feet; thence S 00°09'06" E a distance of 658.46 feet to a point on the North line of Loma Linda Subdivision, as same is recorded in Plat Book 11, Pages 322 and 323, Public Records of Mesa County, Colorado; thence S 89°47'03" W along the North line of said Loma Linda Subdivision, a distance of 329.92 feet, more or less, to the Point of Beginning.

CONTAINING 4.988 Acres (217,289.72 Sq. Ft.), more or less, as described

WHALEY ANNEXATION NO. 2

A certain parcel of land lying in the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) of Section 29, Township 1 South, Range 1 East of the Ute Principal Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

COMMENCING at the Southeast corner of the Crista Lee Subdivision, as same is recorded in Plat Book 20, Page 59 of the Public Records of Mesa County, Colorado and assuming the East line of said Crista Lee Subdivision bears N 00°09'21" W with all other bearings contained herein being relative thereto; thence from said Point of Commencement, N 89°47'03" E along the North line of Loma Linda Subdivision, as same is recorded in Plat Book 11, Pages 322 and 323, Public Records of Mesa County, Colorado, a distance of 329.92 feet to the POINT OF BEGINNING; thence from said Point of Beginning, N 00°09'06" W a distance of 658.49 feet to a point on the North line of the NE 1/4 SW 1/4 of said Section 29; thence N 89°49'20" E along the North line of the NE 1/4 SW 1/4 of said Section 29, a distance of 329.48 feet to the Northeast corner of the Southwest Quarter (SW 1/4) of said Section 29; thence S 00°08'34" E along the East line of the NE 1/4 SW 1/4 of said Section 29, a distance of 658.24 feet to a point on the North line of said Loma Linda Subdivision; thence S 89°47'03" W along the North line of said Loma Linda Subdivision, a distance of 329.38 feet, more or less, to the Point of Beginning.

CONTAINING 4.979 Acres (216,878.03 Sq. Ft.), more or less, as described

WHEREAS, the Council has found and determined that the petition complies substantially with the provisions of the Municipal Annexation Act and a hearing should be held to determine whether or not the lands should be annexed to the City by Ordinance;

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

1.  That a hearing will be held on the 6^th day of April, 2005, in the City Hall auditorium, located at 250 North 5^th Street, City of Grand Junction, Colorado, at 7:30 PM to determine whether one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City; whether a community of interest exists between the territory and the city; whether the territory proposed to be annexed is urban or will be urbanized in the near future; whether the territory is integrated or is capable of being integrated with said City; whether any land in single ownership has been divided by the proposed annexation without the consent of the landowner; whether any 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; whether any of the land is now subject to other annexation proceedings; and whether an election is required under the Municipal Annexation Act of 1965.

2.  Pursuant to the State’s Annexation Act, the City Council determines that the City may now, and hereby does, exercise jurisdiction over land use issues in the said territory. Requests for building permits, subdivision approvals and zoning approvals shall, as of this date, be submitted to the Community Development Department of the City.

ADOPTED this 2^nd day of March, 2005.

/s/ Bruce Hill      

President of the Council

Attest:

/s/ Stephanie Tuin      

City Clerk

NOTICE IS FURTHER GIVEN that a hearing will be held in accordance with the Resolution on the date and at the time and place set forth in the Resolution.

               /s/ Stephanie Tuin                    City Clerk