Resolution No. 35-09 (Word Version)

NOTICE OF HEARING

ON PROPOSED ANNEXATION OF LANDS

TO THE CITY OF GRAND JUNCTION, COLORADO

NOTICE IS HEREBY GIVEN that at a regular meeting of the City Council of the City of Grand Junction, Colorado, held on the 30^thday of March 2009, the following Resolution was adopted:

CITY OF GRAND JUNCTION, COLORADO

RESOLUTION NO. 35-09

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

NORTH AVENUE RIGHTS-OF-WAY ANNEXATION

LOCATED AT SIX SEPARATE SECTIONS OF NORTH AVENUE RIGHT-OF-WAY, FROM 29 ROAD TO I-70 BUSINESS LOOP

WHEREAS, on the 30^th day of March 2009, a petition was referred to the City Council of the City of Grand Junction, Colorado, for annexation to said City of the following property as shown on Attachment A situate in Mesa County, Colorado, and described as follows:

North Avenue Annexation No. 1

A certain parcel of land located in the Northwest Quarter (NW 1/4) of Section 17 and the Southwest Quarter (SW 1/4) of Section 8, Township One South, Range One East of the Ute Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

Commencing at the Northeast corner of the Northwest quarter of the Northwest Quarter (NW 1/4 NW 1/4) of said Section 17 and assuming the North line of the NW 1/4 NW 1/4 of said Section 17 to bear N89°57’27”W with all bearings contained herein relative thereto; thence S00°11’03”W a distance of 4.00 feet along the East line of the NW 1/4 NW 1/4 of said Section 17 to a point on the South line of Shultz Annexation No. 2, Ordinance No. 3810, City of Grand Junction, said point also being the Point of Beginning; thence S89°57’29”E a distance of 330.51 feet along the South line of said Shultz Annexation No. 2, said line also being 4.00 feet South of and parallel with the North line of the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of said Section 17; thence S00°11’42”E a distance of 36.00 feet along the West line Career Center Annexation, Ordinance No. 3801, City of Grand Junction; thence N89°57’29”W a distance of 330.52 feet along a line 40.00 feet South of and parallel with the North line of the NE 1/4 NW 1/4 of said Section 17 to a point on the East line of the NW 1/4 NW 1/4 of said Section 17; thence S00°09’30”E a distance of 10.00 feet along the East line of the NW 1/4 NW 1/4 of said Section 17; thence N89°57’27”W a distance of 365.40 feet along a line being 50.00 feet South of and parallel with the North line of the NW 1/4 NW 1/4 of said Section 17; thence N00°08’12”W a distance of 10.00 feet; thence N89°57’27”W a distance of 577.81 feet along a line being 40.00 feet South of and parallel with the North line of the NW 1/4 NW 1/4 of said Section 17 to the Southeast corner of Flynn Annexation, Ordinance No. 1864, City of Grand Junction; thence N00°02’33”E a distance of 80.00 feet along the East line of said Flynn Annexation; thence S89°57’27”E a distance of 173.12 feet along a line being 40.00 feet North of and parallel with the North line of the NW 1/4 NW 1/4 of said Section 17; thence N00°02’33”E a distance of 10.00 feet; thence S89°57’27”E a distance of 110.00 feet along a line being 50.00 feet North of and parallel with the North line of the NW 1/4 NW 1/4 of said Section 17; thence S00°02’33”W a distance of 10.00 feet; thence S89°57’27”E a distance of 655.86 feet along a line being 40.00 feet North of and parallel with the North line of the NW 1/4 NW 1/4 of said Section 17 to a point on the West line of said Shultz Annexation No. 2; thence S00°03’56”E a distance of 44.00 feet along the West line of said Shultz Annexation No. 2, said line also being 4.00 feet West of and parallel with the West line of the SE 1/4 SW 1/4 of said Section 8; thence S89°57’27”E a distance of 4.00 feet along the South line of said Shultz Annexation No. 2, said line also being 4.00 feet South of and parallel with the North line of the NW 1/4 NW 1/4 of said Section 17 to the Point of Beginning.

Said parcel contains 2.11 acres (91,922.09 sq. ft.), more or less, as described.

North Avenue Annexation No. 2

A certain parcel of land located in the Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of Section 8, Township One South, Range One East of the Ute Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

Beginning at the Southwest corner of the SE 1/4 SW 1/4 of said Section 8 and assuming the North line of the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of said Section 17 to bear N89°57’29”W with all bearings contained herein relative thereto; thence N00°03’56”W a distance of 40.00 feet along the West line of the SE 1/4 SW 1/4 of said Section 8, said line also being the Easterly line of Shultz Annexation No. 1, Ordinance No. 3809, City of Grand Junction; thence S89°57’29”E a distance of 165.00 feet along a line being 40.00 feet North of and parallel with the North line of the NE 1/4 NW 1/4 of said Section 17 to a point on the West line of Cantrell Annexation No. 2, Ordinance No. 3340, City of Grand Junction; thence S00°02’29”E a distance of 40.00 feet along the West line of said Cantrell Annexation No. 2 to a point on the North line of the NE 1/4 NW 1/4 of said Section 17; thence N89°57’29”W a distance of 164.98 feet along said Shultz Annexation No. 1, said line also being the North line of the NE 1/4 NW 1/4 of said Section 17 to the Point of Beginning.

Said parcel contains 0.15 acres (6,599.67 sq. ft.), more or less, as described

North Avenue Annexation No. 3

A certain parcel of land located in the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section 17, Township One South, Range One East of the Ute Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

Commencing at the Northeast corner of the NE 1/4 NW 1/4 of said Section 17 and assuming the West line of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of said Section 8 to bear N00°04’03”W with all bearings contained herein relative thereto; thence N89°57’29”W a distance of 187.88 feet along the North line of the NE 1/4 NW 1/4 of said Section 17, said line also being the North line of U-Haul Annexation, Ordinance No. 3209, City of Grand Junction to the Point of Beginning; thence S00°02’31”W a distance of 40.00 feet along Cantrell Annexation No. 2, Ordinance No. 3340, City of Grand Junction; thence S89°57’29”E a distance of 10.02 feet along said Cantrell Annexation No. 2 to a point on the West line of said U-Haul Annexation; thence S00°09’44”E a distance of 10.00 feet along the West line of said U-Haul Annexation; thence N89°57’29”W a distance of 483.25 feet along a line being 50.00 feet South of and parallel with the North line of the NE 1/4 NW 1/4 of said Section 17; thence along the Southeasterly line of Career Center Annexation, Ordinance No. 3801, City of Grand Junction the following two (2) courses: (1) N00°02’29”W a distance of 50.00 feet to a point on the North line of the NE 1/4 NW 1/4 of said Section 17; (2) S89°57’29”E a distance of 473.27 feet along the North line of the NE 1/4 NW 1/4 of said Section 17 to the Point of Beginning.

Said parcel contains 0.55 acres (23,761.91 sq. ft.), more or less, as described.

North Avenue Annexation No. 4

A certain parcel of land located in the Southeast Quarter (SE 1/4) of Section 8 and the Northeast Quarter (NE 1/4) of Section 17, Township One South, Range One East of the Ute Meridian, County of Mesa, State of Colorado and being more particularly described as follows:

Said parcel contains 0.18 acres (7,699.97 sq. ft.), more or less, as described

North Avenue Annexation No. 5

Commencing at the Northwest corner of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of said Section 17 and assuming the West line of the SW 1/4 SE 1/4 of said Section 8 to bear N00°04’03”W with all bearings contained herein relative thereto; thence S89°57’51”E a distance of 216.84 feet along the North line of the NW 1/4 NE 1/4 of said Section 17 to the Point of Beginning; thence N00°09’43”W a distance of 50.00 feet along the Easterly line of North Avenue Annexation No. 4, City of Grand Junction; thence S89°57’51”E a distance of 321.81 feet along a line being 50.00 feet North of and parallel with the North line of the NW 1/4 NE 1/4 of said Section 17; thence S00°03’39”E a distance of 50.00 feet to a point on the North line of the NW 1/4 NE 1/4 of said Section 17; thence S89°57’51”E a distance of 357.00 feet along the North line of the NW 1/4 NE 1/4 of said Section 17; thence S00°02’09”E a distance of 40.00 feet; thence along the Northerly line of Lot 1 of Duo Subdivision, as same is recorded in Plat Book 12, Page 74, public records of Mesa County, Colorado the following three (3) courses: (1) N89°57’51”W a distance of 85.53 feet along a line being 40.00 feet South of and parallel with the North line of the NW 1/4 NE 1/4 of said Section 17; (2) S01°02’29”E a distance of 10.00 feet; (3) N89°57’51”W a distance of 237.19 feet along a line being 50.00 feet South of and parallel with the North line of the NW 1/4 NE 1/4 of said Section 17; thence N01°02’29”W a distance of 10.00 feet; thence N89°57’51”W a distance of 185.49 feet along a line being 40.00 feet South of and parallel with the North line of the NW 1/4 NE 1/4 of said Section 17 to the Southeast corner of said North Avenue Annexation No. 4; thence N00°09’51”W a distance of 40.00 feet along the Easterly line of said North Avenue Annexation No. 4 to a point on the North line of the NW 1/4 NE 1/4 of said Section 17; thence N89°57’51”W a distance of 170.00 feet along the North line of the NW 1/4 NE 1/4 of said Section 17, said line also being the North Avenue Annexation No. 4 to the Point of Beginning.

Said parcel contains 0.89 acres (38,807.78 sq. ft.), more or less, as described.

North Avenue Annexation No. 6

Commencing at the Northeast corner of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of said Section 17 and assuming the East line of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of said Section 8 to bear N00°03’24”W with all bearings contained herein relative thereto; thence N00°03’24”W a distance of 43.00 feet along the East line of the SW 1/4 SE 1/4 of said Section 8 to the Point of Beginning; thence N00°03’24”W a distance of 7.00 feet along the East line of the SW 1/4 SE 1/4 of said Section 8 to the Southwest corner of A Storage Place II Annexation, Ordinance No. 3719, City of Grand Junction; thence S89°57’58”E a distance of 123.66 feet along the Southerly line of said A Storage Place II Annexation; thence S00°01’01”W a distance of 100.00 feet along the West line of A Storage Place Annexation, Ordinance No. 3137, City of Grand Junction; thence N89°57’58”W a distance of 123.50 feet to a point on the East line of the NW 1/4 NE 1/4 of said Section 17; thence N00°35’52”W a distance of 10.00 feet along the East line of the NW 1/4 NE 1/4 of said Section 17; thence N89°57’51”W a distance of 427.55 feet along a line being 40.00 feet South of and parallel with the North line of the NW 1/4 NE 1/4 of said Section 17; thence along North Avenue Annexation No. 5, City of Grand Junction the following three (3) courses: (1) N00°02’09”W a distance of 40.00 feet to a point on the North line of the NW 1/4 NE 1/4 of said Section 17; (2) N89°57’51”W a distance of 357.00 feet along the North line of the NW 1/4 NE 1/4 of said Section 17; (3) N00°03’39”W a distance of 40.00 feet; thence S89°57’51”E a distance of 123.00 feet along a line being 40.00 feet North of and parallel with the North line of the NW 1/4 NE 1/4 of said Section 17; thence N00°20’21”W a distance of 3.00 feet; thence S89°57’51”E a distance of 661.56 feet along a line being 43.00 feet North of and parallel with the North line of the NW 1/4 NE 1/4 of said Section 17, said line also being the South line of Memorial Gardens Minor Subdivision, as same is recorded in Plat Book 19, Page 379, public records of Mesa County, Colorado to the Point of Beginning.

Said parcel contains 1.44 acres (62,829.10 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 4^th day of May 2009, in the City Hall auditorium, located at 250 North 5^th Street, City of Grand Junction, Colorado, at 7:00 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 Public Works and Planning Department of the City.

ADOPTED the 30^th day of March, 2009.

Attest:

/s/: Gregg Palmer

President of the Council

/s/: Stephanie Tuin

City Clerk

Attachment A

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

Publication dates: April 3, 8, 15, 22, 2009