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ORDINANCE NO. 10393
AN ORDINANCE VACATING THE ENTIRE SUMMO COURT
RIGHT-OF-WAY, SELECT SIDEWALK, PUBLIC ACCESS,
UTILITY, AND DRAINAGE EASEMENTS IN LOTS 1-12, BLOCK
2, PINION RIDGE COMMERCIAL CENTER SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described street and drainage and public utility easements:
ALL OF LOTS 1-12, BLOCK 2, PINION RIDGE COMMERCIAL CENTER, RECORDED UNDER
RECEPTION NUMBER 1795379 OF THE PUEBLO COUNTY, COLORADO RECORDS AND
VACATED SUMMO DRIVE BEING WITHIN THE NORTHWEST QUARTER OF SECTION 1,
TOWNSHIP 20 SOUTH, RANGE 65 WEST, 6TH PRINCIPAL MERIDIAN, U.S. SURVEY
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2, PINION RIDGE
COMMERCIAL CENTER; THENCE SOUTH 89°17'18" EAST 1312.32 FEET; THENCE SOUTH
17°23'05" WEST 635.29 FEET; THENCE SOUTH 47°28'13" WEST 14.93 FEET; THENCE
SOUTH 62°56'05" WEST 115.88 FEET; THENCE SOUTH 76°09'36" WEST 103.58 FEET;
THENCE SOUTH 86°58'50" WEST 601.69 FEET; THENCE NORTH 88°43'49" WEST 195.00
FEET; THENCE NORTH 01°16'01" EAST 173.27 FEET; THENCE ALONG A TANGENT
CURVE TURNING TO THE LEFT WITH A RADIUS OF 1295.00 FEET, AN ARC LENGTH OF
580.89 FEET, A DELTA ANGLE OF 25°42'04", A CHORD BEARING OF NORTH 11°35'01"
WEST, AND A CHORD LENGTH OF 576.04 FEET TO THE POINT OF BEGINNING.
CONTAINING 793112 SQUARE FEET OR 18.207 ACRES
are hereby vacated.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of this Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall be approved but shall not become effective until the final vacation
plat is recorded in the office of the Pueblo County Clerk and Recorder. If the vacation plat is not
recorded within one (1) year after of this Ordinance, or within any extended period granted by
Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed
thirty (30) days after written notice of such rescission and repeal is given to the applicant. No
vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes
effective.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 13, 2023 .
Final adoption of Ordinance by City Council on February 27, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on February 28, 2023 .
□ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Deputy City Clerk
City Clerk's Office Item # R9
Background Paper for Proposed
Ordinance
February 13, 2023
COUNCIL MEETING DATE:
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE VACATING THE ENTIRE SUMMO COURT RIGHT-OF-
WAY, SELECT SIDEWALK, PUBLIC ACCESS, UTILITY, AND
DRAINAGE EASEMENTS IN LOTS 1-12, BLOCK 2, PINION RIDGE
COMMERCIAL CENTER SUBDIVISION
SUMMARY:
The applicant is requesting to vacate the entire Summo Court right-of-way, select
sidewalk, public access, utility, and drainage easements in Lots 1-12, Block 2, Pinion
Ridge Commercial Center Subdivision.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is proposing to vacate Summo Court (60’ ROW) and multiple easements
dedicated for sidewalk, utility, access and drainage in Lots1-12, Block 2, Pinion Ridge
Commercial Center Subdivision, which was platted and recorded in 2009. The original
development consisted of 12 lots for commercial development and each lot had its own
access, utility, and drainage easements. The purpose of this vacation request is to
facilitate rearrangement of the existing 12 lots into one large, 18-acre, commercial lot
for the development of a travel center. The entirety of Summo Court will be vacated (.8
acres) and all the interior easements for access, sidewalk, utilities, and drainage will be
vacated totaling 2.28 acres between the road and all other easements. Access will be
provided to the newly rearranged site from Elizabeth Street. The existing drainage
easements on the northern, southern, eastern, and western property lines will remain
from the original subdivision. All stormwater will be directed into the existing 92,244 sq.
ft. drainage easement, located along the eastern periphery of the site. Once the twelve
individual lots are rearranged into one lot, the easements and Summo Court right-of-
way will no longer be required and vacating them will not cause any hardships or hinder
future infrastructure and utility operation.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their December 14, 2022, Regular Meeting,
voted 4-0 to recommend approval. Commissioners Aznar, Martinez, and Pasternak
absent.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission
Public Hearing to all property owners located within 300 feet of the subject property.
A Public Notice poster was placed on the subject property 15 days prior to the Public
Hearing.
ALTERNATIVES:
If City Council does not approve this Ordinance, Fir Street and multiple drainage and
public utility easements would remain which will impede development of the site.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. P_Z Report