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City Clerk's Office Item # R1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 22, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Beritt Odom, Director Planning and Community Development
SUBJECT: AN ORDINANCE VACATING A 91,364 SQUARE FOOT DRAINAGE AND
DETENTION EASEMENT LOCATED AT 4080 W. NORTHERN AVE. IN
THE PUEBLO METRO-CENTER MALL SUBDIVISION, FILING NO 4, A
SPECIAL AREA PLAN
SUMMARY:
The applicant is requesting to vacate a 91,634 square foot drainage and detention
easement at 4080 W Northern Ave.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The 91,364 square foot drainage and detention easement was originally dedicated in
1985 in a Supplemental Drainage Report for the Pueblo Metro-Center Mall Subdivision,
Filing No. 2. In 2001, the subject property replatted with a Special Area Plan to facilitate
expansion of the Walmart Supercenter into the southern portion of the lot. The Special
Area Plan dedicated Tract A as the new private drainage easement. Tract A consists of
146,620 sq. ft. of area that spans across the southwest and southeast corners of the lot.
The relocation and redesign of the detention easement in 2001 rendered the original
easement from 1985 obsolete. This vacation request removes the obsolete easement
with no negative impact to the development site infrastructure. Staff has no concerns
with the proposed vacation plat.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their November 12, 2025, Regular Meeting,
voted 7-0 to recommend approval.
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, the drainage and detention easement
will remain.
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. V-25-05 Attachments
ORDINANCE NO. 11090
AN ORDINANCE VACATING A 91,364 SQUARE FOOT
DRAINAGE AND DETENTION EASEMENT LOCATED AT 4080
W. NORTHERN AVE. IN THE PUEBLO METRO-CENTER MALL
SUBDIVISION, FILING NO 4, A SPECIAL AREA PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described drainage and detention easement:
DRAINAGE & DETENTION EASEMENT A DRAINAGE & DETENTION EASEMENT,
RECORDED AT BOOK 2749, PAGE 941, BEING A PORTION OF LOT 1, AND TRACT A,
PUEBLO METRO-CENTER MALL FILING NO. 4, A SPECIAL AREA PLAN, RECORDED
UNDER RECEPTION NO. 1369626 OF THE RECORDS OF PUEBLO COUNTY, COLORADO,
SITUATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 SOUTH, RANGE
65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY AND COUNTY OF PUEBLO,
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE
PLANE COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM 1983.
BEARINGS ARE BASED ON THE WEST LINE OF LOT 1 AND TRACT A, BLOCK 1, PUEBLO
METRO-CENTER MALL, FILING NO. 4, A SPECIAL AREA PLAN, AND IS CONSIDERED TO
BEAR N 00°31'02" W. SAID LINE BEING DEFINED BY MONUMENTS AS FOLLOWS: A FOUND
NO. 4 REBAR WITH A YELLOW PLASTIC CAP, STAMPED "CO REG LS 12933", BEING THE
SOUTHWEST CORNER OF SAID TRACT A, BLOCK 1; AND A FOUND 3-1/4" BRASS CAP,
STAMPED "AEP PLS 34578", BEING THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 1.
COMMENCING AT THE NORTHWEST CORNER OF COLUMBIA DRIVE, A 40-FOOT PRIVATE
DRIVE, ALSO BEING A POINT ON THE EAST LINE OF SAID LOT 1, BLOCK 1;
OF
220.10 FEET TO THE NORTHEAST CORNER OF SAID DRAINAGE & DETENTION
EASEMENT AND BEING THE POINT OF BEGINNING;
THENCE WITH THE SAID DRAINAGE & DETENTION EASEMENT THE FOLLOWING SIX (6)
COURSES:
1)
2)
3)
4)
5)
6)
LINE AND BEING THE
POINT OF BEGINNING;
THE ABOVE DESCRIPTION CONTAINS 91,364 SQUARE FEET. ALL LINEAL DISTANCES
ARE REPRESENTED IN U.S. SURVEY FEET
is 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 December 08, 2025.
Final adoption of Ordinance by City Council on December 22, 2025.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
Deputy City Clerk