Resolution No. 09-08 (Word Version)

CITY OF GRAND JUNCTION, COLORADO

RESOLUTION NO. 09-08

A RESOLUTION ACCEPTING A

PETITION FOR ANNEXATION, MAKING CERTAIN

FINDINGS, DETERMINING THAT PROPERTY KNOWN AS THE

CUNNINGHAM INVESTMENT ANNEXATION

LOCATED AT 2098 E ½ ROAD

INCLUDING PORTIONS OF THE E ½ ROAD RIGHT-OF-WAY

IS ELIGIBLE FOR ANNEXATION

WHEREAS, on the 21^st day of November, 2007, 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:

CUNNINGHAM INVESTMENT ANNEXATION NO. 1

A certain parcel of land located in the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4) and the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4) of Section 22, Township 11 South, Range 101 West of the 6th Principal Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

COMMENCING at the Southwest corner of the Northeast Quarter (NE 1/4) of said Section 22 and assuming the South line of the NE 1/4 of said Section 22 bears N 89°30’14” W with all other bearings contained herein being relative thereto; thence from said Point of Commencement, S 89°30’14” E along the South line of the NE 1/4 of said Section 22 a distance of 40.00 feet to the POINT OF BEGINNING; thence from said Point of Beginning, N 00°02’05” E along the East line of Reinking Annexation No. 2, City of Grand Junction Ordinance No. 3254 a distance of 20.00 feet to a point on the North right of way for E-1/2 Road; thence S 89°30’14” E along said North right of way, a distance of 90.00 feet; thence S 00°29’46” W a distance of 20.00 feet to a point on the South line of the NE 1/4 of said Section 22; thence N 89°30’14” W along said South line, a distance of 79.64 feet; thence S 00°29’46” W a distance of 25.00 feet to a point on the South right of way for E-1/2 Road; thence N 89°30’14” W along said South right of way, a distance of 10.00 feet to a point on the East line of said Reinking Annexation No. 2; thence N 00°02’05” E along said East line (also being the East right of way for 20-1/2 Road) a distance of 25.00 feet, more or less, to the Point of Beginning.

CONTAINING 2,051 Square Feet or 0.05 Acres, more or less, as described.

CUNNINGHAM INVESTMENT ANNEXATION NO. 2

CONTAINING 6,229 Square Feet or 0.14 Acres, more or less, as described.

CUNNINGHAM INVESTMENT ANNEXATION NO. 3

COMMENCING at the Southwest corner of the Northeast Quarter (NE 1/4) of said Section 22 and assuming the South line of the NE 1/4 of said Section 22 bears N 89°30’14” W with all other bearings contained herein being relative thereto; thence from said Point of Commencement, S 89°30’14” E along the South line of the NE 1/4 of said Section 22 a distance of 243.33 feet to the POINT OF BEGINNING; thence from said Point of Beginning, N 83°07’13” E a distance of 155.79 feet to a point on the North right of way for E-1/2 Road; thence S 89°30’14” E along said North right of way, a distance of 678.35 feet; thence S 00°29’46” W, a distance of 20.00 feet to a point on the South line of the NE 1/4 of said Section 22; thence N 89°30’14” W along said South line, a distance of 678.35 feet; thence S 00°29’46” W, a distance of 25.00 feet to a point on the South right of way for said E-1/2 Road; thence N 89°30’14” W along said South right of way, a distance of 347.64 feet; thence N 83°07’13” E a distance of 194.74 feet, more or less, to the Point of Beginning.

CONTAINING 21,389 Square Feet or 0.49 Acres, more or less, as described.

CUNNINGHAM INVESTMENT ANNEXATION NO. 4

A certain parcel of land located in the Northeast Quarter (NE 1/4) and the Southeast Quarter (SE 1/4) of Section 22, Township 11 South, Range 101 West of the 6th Principal Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

BEGINNING at the Southwest corner of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of said Section 22 and assuming the South line of the NE 1/4 of said Section 22 bears N 89°30’14” W with all other bearings contained herein being relative thereto; thence from said Point of Beginning, S 89°30’14” E along the South line of the NE 1/4 of said Section 22 a distance of 1,195.58 feet; thence S 00°03’13” E a distance of 10.00 feet; thence N 89°30’14” W along a line 10.00 feet South of and parallel with the South line of the NE 1/4 of said Section 22, a distance of 1195.59 feet, more or less, to a point on the West line of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of said Section 22; thence S 00°00’19” E along said West line, a distance of 15.00 feet; thence N 89°30’14” W along a line 25.00 feet South of and parallel with the South line of the NE 1/4 of said Section 22, a distance of 928.95 feet; thence N 00°29’46” E a distance of 25.00 feet; thence S 89°30’14” E along the South line of the NE 1/4 of said Section 22, a distance of 678.35 feet; thence N 00°29’46” E a distance of 20.00 feet to a point on the North right of way for E-1/2 Road; thence S 89°30’14” E along said North right of way, a distance of 250.18 feet to a point on the East line of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4) of said Section 22; thence S 00°04’46” E along said East line, a distance of 20.00 feet, more or less, to the Point of Beginning.

CONTAINING 40,182 Square Feet or 0.92 Acres, more or less, as described.

CUNNINGHAM INVESTMENT ANNEXATION NO. 5

A certain parcel of land located in the East-half (E 1/2) of Section 22 and the West-half (W 1/2) of Section 23, Township 11 South, Range 101 West of the 6th Principal Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

COMMENCING at the Southwest corner of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of said Section 22 and assuming the South line of the NE 1/4 of said Section 22 bears N 89°30’14” W with all other bearings contained herein being relative thereto; thence from said Point of Commencement, S 00°00’19” E along the West line of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of said Section 22, a distance of 10.00 feet to the POINT OF BEGINNING; thence S 89°30’14” E along a line 10.00 feet South of and parallel with the North line of the NE 1/4 SE 1/4 of said Section 22 a distance of 1195.59 feet; thence N 00°03’13” W a distance of 10.00 feet; thence N 89°30’14” W along the South line of the SE 1/4 NE 1/4 a distance of 718.63 feet; thence along the boundary of that certain parcel of land described in Book 2566, Page 428, Public Records of Mesa County, Colorado the following five (5) courses: (1) N 00°06’14” E a distance of 737.51 feet, (2) S 89°54’21” E a distance of 1151.54 feet, (3) S 22°12’18” W a distance of 188.16 feet, (4) S 85°08’25” E a distance of 784.87 feet, (5) S 09°06’35” W a distance of 516.87 feet; thence S 00°26’09” E a distance of 19.98 feet; thence N 89°48’44” W a distance of 932.52 feet to a point on the West line of the Southwest Quarter (SW 1/4) of said Section 23; thence N 89°30’15” W along a line 25.00 feet South of and parallel with the North line of the NE 1/4 SE 1/4 of said Section 22 distance of 1326.60 feet to a point on the West line of the NE 1/4 SE 1/4 of said Section 22; thence N 00°00’19” W along said West line a distance of 15.00 feet, more or less, to the Point of Beginning.

CONTAINING 1,251,919 Square Feet or 28.74 Acres, more or less, as described.

WHEREAS, a hearing on the petition was duly held after proper notice on the 16^th day of January, 2008; 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 the 16^th day of January, 2008.

Attest:

/s/: James J. Doody

President of the Council

/s/: Stephanie Tuin

City Clerk