Item #09 Tomyn Road Right-of-Way Vacation
--
AGENDA ITEM STAFF REPORT
Meeting Date: November 18, 2008
Item # 9
Reviewed By:
Contact Name:
Contact Number:
Antonio Fabre, AICP,
Principal Planner
407 -905-3100 x 1019
Department Director:
City Manager:
Subject: Tomyn Road Right-of-Way Vacation
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Mayor and City Commissioners adopt a resolution abandoning and vacating the right-ot-
way tor Tomyn Road?
BACKGROUND/DISCUSSION:
The subject right-ot-way is generally located south ot the Florida Turnpike and north ot Tomyn
Boulevard. The subject right-ot-way runs in an east-west direction trom Maguire Road to Tomyn
Boulevard between tour vacant commercial parcels. Essentially, Tomyn Road is an unused and
unimproved "paper" roadway.
This vacation and abandonment was requested in order to accommodate tuture development in the
surrounding area. Both Fountains at Highland Park and Diplomat Tower are programmed to utilize
the northern halt ot the Tomyn Road right-ot-way.
When right-ot-way is vacated, the City will retain a public easement over the southern 15 teet ot the
center line ot the right-ot-way tor tuture City utilities. Likewise, Progress Energy has requested an
easement over the northern 15 teet ot the center line ot the right-ot-way tor their tuture power
distribution. All other affected utility companies were contacted by staff. No letters ot objection were
received trom said companies. Since the roadway is neither a collector nor an arterial road, a
Planning & Zoning Commission recommendation is not required.
STAFF RECOMMENDATION:
Staff has no objection to the vacation ot Tomyn Road, subject to a 30-toot public easement dedicated
on the center line ot the vacated roadway.
Attachments:
Location Map
Aerial
Vacation Resolution
Type of Item:
-L Public Hearing
Ordinance First Reading
Ordinance Second Reading
1- Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDf Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
N/A
N/A
N/A
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Tomyn Road ROW Vacation
Location Map
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THIS INSTRUMENT PREPARED BY:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
For Recording Purposes Only
RESOLUTION NO.
(Vacation of Right of Way Resolution for Tomyn Road)
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ABANDONING AND VACATING THAT PORTION OF TOMYN
ROAD, A SIXTY (60) FOOT WIDE UNIMPROVED PUBLIC
RIGHT OF WAY, LYING BETWEEN THE WESTERLY RIGHT
OF WAY LINE OF MAGUIRE ROAD AND THE EASTERLY
RIGHT OF WAY LINE OF TOMYN BOULEVARD, SAID RIGHT
OF WAY LYING AND BEING IN SECTION 30, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA;
PROVIDING FOR THE RESERVATION OF A PUBLIC UTILITY
EASEMENT; PROVIDING FOR RECORDATION; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate
that portion of Tomyn Road, a sixty (60) foot wide unimproved public right of way, lying
between the westerly right of way line of Maguire Road and the easterly right of way line of
Tomyn Boulevard, said right of way lying and being in Section 30, Township 22 South, Range
28 East, Orange County, Florida, a legal description of such right of way to be abandoned and
vacated is attached hereto as Exhibit "A" and by this reference made a part hereof (the
"Roadway"); and
ORLA_113145Q,3
WHEREAS, the City Commission of the City of Ocoee desires to reserve a public utility
easement over, under and/or upon the Roadway in connection with existing or future utility
facilities as well as the right of ingress and egress in, over, under and/or upon a portion of the
Roadway for the purpose of maintaining said utilities and any other utilities that may now or
hereafter be located in, over, under and/or upon the Roadway; and
WHEREAS, the applicant has complied with the provisions of Section 153-10 of the
Code of the City of Ocoee regarding the provision of certain information in connection with the
application; and
WHEREAS, pursuant to Section 153-13(D)(I) of the Code of the City of Ocoee, a
Notice of Public Hearing before the City Commission was provided by regular mail to owners of
real property abutting the Roadway and all owners of the property within three hundred (300)
feet in all directions of the Roadway; and
WHEREAS, pursuant to Section 153-13(D)(2) of the Code of the City of Ocoee, a
Notice of Public Hearing was published one (1) time in a newspaper of general circulation in the
City of Ocoee; and
WHEREAS, pursuant to Section 153-(D)(3) of the Code of the City of Ocoee, a sign
setting forth notice of the public hearing before the City Commission was posted upon the
Roadway; and
WHEREAS, the City Commission of the City of Ocoee finds that said application and
supporting documents are in accordance with the requirements of Article II of Chapter 153 of the
Code of the City of Ocoee and that the requested action is consistent with the City of Ocoee
Comprehensive Plan.
2
ORLA_1131450.3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes, and Article II of Chapter 153 of the Code of the City
ofOcoee.
SECTION 2. Abandonment and Vacation of the Roadway. Subject to the
provision of Section 3 set forth below, the City Commission of the City of Ocoee, Florida,
hereby abandons, vacates and renounces any rights in and to the Roadway.
SECTION 3.
Reservation of Public Utility Easement. The City of Ocoee hereby
reserves a public utility easement over, under and/or upon that portion of the Roadway, being
thirty (30) feet in width and lying fifteen (15) feet on either side of the centerline of the Roadway,
in connection with any existing or future utility extensions that may be located in the Roadway
and any other utilities that may now or hereafter be located in, over under and/or upon the
Roadway; provided, further, that the reserved utility easement shall also reserve unto the City and
public utility companies, including their successors and assigns, the right of ingress and egress to
and from the Roadway for the purpose of maintaining said utilities and any other utilities that
may now or hereafter be located in, over, under and/or upon the Roadway.
SECTION 4.
Recordation. A certified copy of this Resolution shall be filed with
the Orange County Comptroller and duly recorded among the Public Records of Orange County,
Florida.
3
ORLA_1131450.3
SECTION 5.
Severability. If any section, subsection, sentence, clause, phrase or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 6.
Effective Date. This Resolution shall become effective upon passage
and adoption.
PASSED AND ADOPTED this day of
,2008.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2008
READ FIRST TIME AND ADOPTED
, 2008
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this _ day of , 2008.
FOLEY & LARDNER LLP
By:
City Attorney
4
ORLA_1131450.3
EXHIBIT 'A'
- ", ._- - .----
MAP SHOWING SKETCH OF:
MARSHALL FARMS ROAD RIGHT OF WAY
SECTION 30, TOWNSHIP 22,SOUTH, RANGE 28 EAST,
OCOEE, ORANGE COUNTY, FLORIDA
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9'31 '26"W Harth RlOHT-OF-w...y
585.55'
JlARSH.UJ, I'ARXS Ron; Point of
10' RIGHT-OF-WAY Beginning -
NOT PlATlEO NOO'19'41 tow
30.00'
I
,. - '00'
SEE SHEET 1 FOR LEGAL
ALD II, INC,
PROFESSIONAL LAND SURVEYING
SCALE
5150 ~ST DRIVE SUITE 1&o-.JJ LB flSS29
OIU.NDOl flORIDA 32118 DRAWN BY
TEL (407J 352-71lt
FAX 2t8-HJO REVISIONS
NOT VAUO WITHOUT THE SlONA lURE AND ORIGINAL RAISED SEAL. 01'" A flORIO... UCENSEO SURVEYOR AND MAPPER
,. . 100 FEET
GJS
JOB NUMBER
07045RD
SHEET 2 OF 2
A-I
- ..- - ---
MAP SHOWING SKETCH OF:
MARSHALL FARMS ROAD RIGHT OF WAY
SECTION 30, TOWNSHIP 22,SOUTH, RANGE 28 EAST,
OCOEE, ORANGE COUNTY, FLORIDA
legal Description:
Commence at the southeast corner of the northeast 1/4, of Section 30, Township
22 South, Range 28 East; thence run S 89'31'26" W along the south line of said
northeast 1/4, 1,317.17 feet to a point on the west line of the southeast 1/4 of
sold northeast 1/4 and the Point of Beginning; thence N 0019'41" W along said
west line, 30.00 feet to the north right of way line of Marshall Forms Road; thence
S 89'31'26" W along said north right of way line, 585.55 feet to a pOint on the
easterly right of way line of Tomyn Rood; thence S 65'43'20" E along said easterly
right of way line, 143.29 feet to a point on the south right of way line of said
Marshall Farms Road; thence N 89'31'26" E along said south right of way line,
455.27 feet to said west line of the southeast 1/4 of the northeast 1/4, Section
30; thence N OOi g' 41" W along said west line 30.00 feet to the Point of Beginning.
Said lands lying in the City of Ocoee, Orange County, Florida; containing 0.72 acres
more or less.
NOTE:
1. BEARINCS BASED ON ASSUMED S89'31'2S.W ALONG SOUTH UNE OF NE 1/4 SECTION 30.
2. NOT ABSTRACTED FOR EASEMENTS OR RIGHT OF WAYS OF RECORD.
3. THIS IS NOT A SURVEY
CERTlFlCAllON: WE DO HEREBY CERTIFY THAT THE ATTACHED SKETCH OF' DESCRIPTION IS IN COt.CPIANCE WITH APPUCABLE
MINIMUM TECHNICAL STANDARDS SET FORTH BY FLORIDA ADMINISTRAll\'E CODE 61 G 17-6
SEE SHEET 2 FOR MAP
BY: ~~~
GARY A, BURDEN DATE
FLORIDA REGISTRA TlON NO. 3691
SCALE ,. 0= '00 FEET
ORA WN BY GJS
REVISIONS
3 -4 ~ d 3
ALD lI, INC.
PROFESSIONAL LAND SURVEYING
saso l.AKEliURST ORIW SUITE 150-33 La 18529
ORLAHDOl F\.OftID" 3D,.
TE1. (4071 352-7111
rAX 20....130
JOB NUMBER
07045RD
HOT VIlUD WITHOUT THE: S1GNAl\JRE AND ORIQNAL. RAISED SEAL. OF A FLORIDA UCENSED SURVEYOR AND M~ER
SHEET 1 OF 2 .
A-2
DESCRIPTION AS FOLLOWS:
Port of the West 72 acr..s of th.. Sauth..ast Quart..r of th.. NrxthiJa"St" Otmrt..rm-.d th.. Narth..ast
Quarter of the Sauth..ast Quarter of Section 3D, Township 22 South, Rang.. 28 fast, lying Southerly of
th.. Florida's Turnpike, lying in Orang.. County, Florida and b..ing mor.. particularly d..scribed os follows:
Commence at the East Quart..r Comer of said Section 30; Thance run N 89'42'37' W, along the South
1m.. of tho Northeast Quarter of said Section 3D, 979,57 faet to the Southaast carner of tho West 72
Acres of tha Southeast Quarter of the Northeast Quart..r of said Section 30 and the Point of
eaginning; Th..nce run S 00'79'24' W, 30.00 fe..t to the South right of way lin.. of Marshall Farms
Rood; Th..nce run N. 89'42'37' W., along said South right of way lin.., 395.15 f....t; Th..nc.. run N.
00'7g'24' E., 50.00 f....t; Th..nce run S. eg'42'37' F:., 395.75 feet to the fast lin.. of the West 72
Acres of th.. South..ast 7/4 of th.. North..ast 7/4 of said Section 30; Thenc.. run S 00'1 9 '24' W.,
along said East line of the W..st 72 Acres to the Point of Baginning. Contoining therein 23,709.5
squore f....t more or I..ss or 0.54 Acr..s mor.. or less.
SKETCH OF DESCRIPTION FOR / CERTIFIED TO: V EnterDrises
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WiRE-FENCE - (- - - 'CS~~ U; N~ 1/4
(TYPICAL) SEC. 30-22-Z8
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OFTC SOOTH R/W UN< OF ItWlSHALL I'ARt.tS ROAD (60' R/W)
R.D. (ro' R,IW)
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NOT PLATTED
P.O.B.
S.E. COR. 01' WEST
72 ACRes OF S.E. 7/4
01' N.E. 1/4 01' stc.
30-22-26
P.O.C.
E. 1/4 COR.
SEC. jo-22-Z8
SKETCH OF DESCRIPTION
"THIS IS NOT A SURVEy"
CRUSENMEYER-SCOTT & ASSOC, INC
LAND SURVEYORS
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SURVEYOR'S NOTES: '....., "
,
.....,
- This is not a survey.
- Bearings based on the East line
of the Southeast 1/4 of Section
30, Township 22 South, Range 28
East, being S OO'44'1r E, an
assumed meridian.
R/W
ORB
PG
f
SEC 30-22-28
- .,--.-
POINT OF COMMENCEMENT
NE CORNER, SE 1/4, SEC 30-22-28
UNPLA TTED
N8918'5.f,-E 873.07'
58918'S"-W 873.12' ~I
POINT OF BEGINNING
TOJIYN ROAD (OLD) SB9"1B'S4-W I
50.00' :
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LEGEND
RIGHT-OF-WAY
OFFICIAL RECORDS BOOK
PAGE
CENTERLINE
SECTION 3D, TOWNSHIP 22 SOUTH
RANGE 28 EAST
PREP ARED FOR:
SEE LEGAL DESCRIPTION ON SHEET 2
DONALD W. MciNTOSH ASSOCIATES. INC.
ENGINEERS PLANNERS SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTlFlCA TE OF AUTHORIZATION NO. LB68
CHECKED BY: .J"''''Y JOB NO. SCALE
DA TE: J/18/08 25096.0015 1--200'
HELLER BROS.
BROOKS TONE
1.1
DRAWN BY: 8tJW
DA TE: J/14/OB
ne Nom~ F: \ProJ2005\25096\Sdwg\Gd\ TC>>/YN RD.dwg
A-4
DATE
BY
DESCRIPTION
REVISIONS
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Florida Registered Surveyor and Mapper
Certificate No. 5359
NOT VAUD WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
SHEET
OF
1
2
CSI 08-164
- ". -"- -- ----
11
SKETCH OF DESCRIPTION
DESCRIPTION:
That part of Section 30, Township 22 South, Range 28 East, Orange County, Florida,
described as follows:
Commence at the Northeast corner of the Southeast 1/4 of Section 30, Township
22 South, Range 28 East; thence run SOO.44'12"E along the East line of said
Southeast 1/4 for a distance of 30.00 feet; thence run S89i8'54"W 30.00 feet
South of and parallel with the North line of said Southeast 1/4 for a distance of
50.00 feet to the POINT OF BEGINNING; thence continue S89i8'54"W parallel with
the North line of said Southeast 1/4 for a distance of 873.12 feet; thence run
NOO.41'06"W, 60.00 feet; thence run N89i8'54"E 30.00 feet North of and parallel
with the North line of said Southeast 1/4, for a distance of 873.07 feet; thence
run SOO.44'12"E, along the West right-of-way line of Maguire Road and the
Northerly prolongation thereof 60.00 feet to the POINT OF BEGINNING.
Containing 1.203 acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
PREP ARED FOR:
HELLER BROS.
DATE BY
DESCRIPTION
REVISIONS
BROOKS TONE (TOMYN ROAD)
I_I DONALD W. MciNTOSH ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
2200 PARK AVENUE NORTH, WINTER PARK, FLORIDA 32789 (407) 644-4068
CERTIFlCAlE Of" AUTHORIZATION NO. LB68
DRAWN BY: Bl/W I CHECKED BY: .lIJIJY I JOB NO. I SCALE I SHEET 2
DA TE: 3/14/08 DA TE: 3/18/08 25096.0075 7'-200' 1 OF 2
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CSj 08-164
og-- C<1-+
Copy of Public Hearing Advertisement
Date Published
~~CUj I No V'eVY\ ~f (., I '2--CO~
0y-l~h(iD ~ -\-\ ~.
F2--
Advertisement
OF DCOEE
PUBUC HEARING
TIlE RIGIlT.OF.WAY
OF TOMYN ROAD
NO, VAC-llH14
NOTICE IS HEREBY GIVEN, pursu.
ant to Section 153, Article II
01 the ,Code 01 the City of
Ocoee. that on TUESOAY, NO.
VEMBER fa 2008, al 1:15 p,m. or
as soon thereafter, as procti.
col. the OCOEE CITY CDMMIS.
SION will hold a PUBUC HEAR.
ING at the Ocoee City Com.
mission Chambers, 150
North Lakeshore Drive.
Ocoee, Florida, to consider
the vacation of the right",l-
way of Tomvn Road and to
consider the adoption 01 the
lollowing resolution:
'Interested parties may op.
pear at the public hearing
and be h'eard with respect
to the pro~osed actions,
The complete case. file, in-
cluding a complete legal de.
scription bY metes and
bounds. may be inspected
'at the Ocoee Community
Development Deportment.
150 Norlt1 Lokeshore Drive.
Ocoee. Florida. between the
hours of B:OO o.m, and 5:00
~a~;' e~~~101~9~~r~~ft~a~~i'
-The City Commission may
continue the public hearings
to other dotes and times. as
it deems necessary. Any in-
terested party shall be ad.
vised that the dates, times.
and places of any continua-
tion of these or continued
public hearings shall be an-
nounced during the hear-
ings and that no further no-
tices regarding these mat.
:,ters will be published. You
i are advised that anypersan
I ~~gis~g~ir~sa~~ ~~~T~~ ~g~
public hearings will need a
record 01 the proceedings
and for this purpose may
need to ensure that a verba-
tim record 01 the proceed.
ings is made which includes
the testimony and evidence
upon which the appeal is
based. Persons with disabil.
ities needing assistance to
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meeting a~e\~O~lk~O"s~~~~;
Cltv Clerk
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