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Home My WebLink About7.a. Request to Vacate a Portion of the Canada Avenue Right-of-Way North of 144th Street West EXECUTIVE SUMMARY City Council Regular Meeting: August 21, 2018 AGENDA ITEM: Request to Vacate a Portion of the Canada Avenue Right-of-Way North of 144th Street West AGENDA SECTION: Public Hearing PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 7.a. ATTACHMENTS: Resolution, Petition for Vacation, Site Location/Aerial, Deed Records, ISD 196 Site Plan for Bus Parking Area APPROVED BY: LJM RECOMMENDED ACTION: Motion to Adopt a Resolution Approving the Vacation of a Portion of the Canada Avenue Right-of-Way north of 144th Street West. SUMMARY Applicant: Independent School District 196 (with Lighthouse Church as a co- applicant) Property Owners: ISD 196 and Lighthouse Church Location: Roadway between 3155 143rd Street W and 3285 144th Street W Area: 18,000 square feet Comp. Guide Plan Designation: LDR-Low Density Residential Current Zoning: R1A-Low Density Residential The City Council is being asked to consider a joint request/petition from Independent School District 196 and the Lighthouse Christian Church to vacate the public right-of-way between their properties at 3285 144th Street West and 3155 143rd Street West. The resulting vacation would cause approximately two- thirds of the Canada Circle right-of-way north of 144th Street West to revert back to fee ownership of the church, with the remaining one-third going back to the school district. This portion of Canada Avenue was previously deemed to be a private roadway by the City, and the City has not performed any maintenance or upkeep on this road for at least 20 years. During the course of the City’s review of the school district’s Rosemount campus improvement project last year, and subsequent to conversations with the neighboring Lighthouse Church about their future expansion project, the City Attorney determined that the City of Rosemount retained fee ownership of the portion of Canada Avenue located between the church and adjacent elementary school facility. The City ownership extends 300-feet north of 144th Street West with a width of 60-feet through this area. After reviewing the current status of Canada Avenue as part of the school district’s site plan review, City staff determined that there is no public interest in retaining ownership of this right-of-way because there is no future extension of Canada Avenue planned further north of 144th Street. The school district is currently constructing a new bus loading area east of the elementary school that will tie into the existing private roadway segment connecting to 144th Street West. Granting the requested vacation will not have any detrimental effect on the City or surrounding neighborhood since the school district and church have been maintaining the road for several years. Under the terms of their site plan approval, the school district and church have entered into a maintenance agreement concerning the long-term responsibilities of each party concerning the upkeep of this roadway. 2 The vacation will also provide some additional flexibility for both the church and school as they consider future improvements to their properties. The attached petition includes the specific legal description for the property to be vacated. If approved by the City, the underlying fee title for this property would revert back to the school district and church as the adjacent property owners. RECOMMENDATION Staff recommends approval of the request to vacate a 60 by 300-foot segment of Canada Avenue located between property owned by Independent School District 196 and the Lighthouse Christian Church and north of 144th Street West as described in the attached petition. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2018 - A RESOLUTION APPROVING THE VACATION OF A PORTION OF CANADA CIRCLE NORTH OF 144TH STREET WEST WHEREAS, the Community Development Department of the City of Rosemount received a petition from Independent School District 196 and Lighthouse Christian Church requesting the vacation of a 300-foot segment of the Canada Avenue right-of-way north of 144th Street West. WHEREAS, the portion of Canada Circle north of 144th Street West was previously determined to be a private street and there are no plans for a future extension of Canada Avenue further to the north; and WHEREAS, Independent School District 196 and Lighthouse Christian Church own land adjacent to the portion of Canada Circle to be vacated and have entered into an agreement concerning maintenance of the private roadway; and WHEREAS, the right-of-way to be vacated is not needed for future access and will not be detrimental to the flow of traffic in the area; and WHEREAS, the City Council reviewed this vacation request and conducted a public hearing concerning said matter on August 21, 2018. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Vacation of the Canada Circle right-of-way north of 144th Street West, legally described as: All of that part of lot six (6) Auditor's Subdivision Number One (1), Rosemount, described as follows : Beginning at a point on the north line of 1441h Street W, which point is one thousand three hundred twenty eight and 30/1 ooth (1328.30) feet east and four hundred eight ( 408) feet north of the southwest corner of the northwest quarter (NW 114 ) of Section 29, Township 115, Range 19 thence North from said point of beginning three hundred (300) feet, thence East twenty-nine (29) feet, thence South three hundred (300) feet, thence West twenty-nine (29) feet to the point of beginning, all according to the plat thereof now on file and of record in the office of the register of deeds in and for said county and state. and All of that part of lot six (6) Auditor's Subdivision Number One (1), Rosemount, described as follows: Beginning at a point on the north line of 1441h Street W, which point is one thousand three hundred twenty eight and 30/1001h (1328.30) feet east and four hundred eight ( 408) feet north of the southwest corner of the northwest quarter (NW 114 ) of Section 29, Township 115, Range 19 thence North from said point of beginning three hundred (300) feet, thence West thirty-one (31) feet, thence South three hundred (300) feet, thence East thirty-one (31) feet to the point of beginning, all according to the plat thereof now on file and of record in the office of the register of deeds in and for said county and state. RESOLUTION 2018 - 2 ADOPTED this 21st day of August 2018 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Location Map Property Information August 17, 2018 0 110 22055 ft 0 30 6015 m 1:1,200 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Lighthouse Church ISD 196 ROW to be Vacated PROPOSED BUS PARKING(25 BUS STALLS)PROPOSED BUILDING ADDITIONREFER TO ARCHITECTURAL PLANSFOR DIMENSIONS AND LAYOUT10R60.00'R80.00'15' WALK24.00'24.00'24.00'LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROADSUITE 200MINNEAPOLIS. MN 55427FAX (763) 544-0531PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthSITEPLANSOUTHDAVID A. REYXX/XX/XX40180152317A08/29/2017METDAR1" = 40'C1.22MINNESOTAPROFESSIONAL ENGINEERISD #196: ROSEMOUNT -APPLE VALLEY - EAGANPUBLIC SCHOOLS3455 153RD STREET WESTROSEMOUNT, MINNESOTA 550683335 142ND STREET WESTROSEMOUNT, MINNESOTA 55068ROSEMOUNT HIGHSCHOOL 2018PARKINGNOTES:LEGENDPROPOSED CONCRETE WALKPROPOSED CONCRETE SLABPROPOSED MEDIUM DUTY BITUMINOUS PAVEMENTPROPOSED HEAVY DUTY BITUMINOUS PAVEMENTPROPOSED RETAINING WALLPROPOSED CHAIN LINK FENCINGPROPOSED TRAFFIC CONTROL SIGNPAINTED ACCESSIBLE SYMBOLPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPERTY LINE1. REFER TO SHEET C1.31, GRADING AND DRAINAGE PLAN NORTH, FOR GENERAL NOTES.2.CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.3. SIGNAGE SHALL GENERALLY BE INSTALLED 18" BEHIND THE BACK OF CURB.4. ALL DISTURBED AREAS OUTSIDE THE BUILDING PAD WHICH ARE NOT DESIGNATED TO BEPAVED SHALL RECEIVE AT LEAST 6" OF TOPSOIL AND SHALL BE SODDED OR SEEDED.5. WHERE NEW SOD MEETS EXISTING TURF, EXISTING TURF EDGE SHALL BE CUT TO ALLOW FORA CONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.6.FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD OR RE-SEED ALL APPLICABLE AREAS,AT NO ADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.Vacation AreaISD 196 Site Plan