EXHIBIT 1

ORDINANCE NO. 2013 -

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA VACATING CERTAIN PORTIONS OF UNIMPROVED RIGHT-OF-WAY CONTIGUOUS WITH BF JAMES PARK, GENERALLY LOCATED IN THE VICINITY OF 101 N.W. 9TH STREET, HALLANDALE BEACH, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION AND RELEASE OF PUBLIC RIGHT OF WAY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE

WHEREAS, the City Administration requests vacation of a portion of unimproved

thirty (30) foot right-of-way along NW 8th Street, to enable the construction of a City park

aquatic facility building at B.F. James Park; and

WHEREAS, pursuant to section 25-103(c) of the City’s Code of Ordinances

following a public hearing the City Commission shall grant or deny an application for

vacation of right-of-way by ordinance; and

WHEREAS, vacation of that certain portion of right-of-way is currently

unimproved and lies contiguous with BF James Park and would best serve the public if

vacated to construct an aquatic facility at B.F. James Park; and

WHEREAS, pursuant to section 32-1004 courtesy public notices have been

mailed to all property owners within a 1,000 feet radius from the site area and is publicly

advertised; and

WHEREAS, the City Administration has determined that no public interest will be

adversely affected by vacation of the vacation, nor is the use necessary as public right-

of-way or public utility purpose.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE

CITY OF HALLANDALE BEACH, FLORIDA:

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SECTION 1. City Commission Findings. Due notice has been given to

property owners adjoining or abutting the parcel and this ordinance has been published

as required by law and that the vacation provided for in this ordinance will not adversely

impact any property or the general public and does not present a reasonably

foreseeable need.

SECTION 2. Vacation of Right of Way. That portion of unimproved right-of-

way contiguous with BF James park, generally located in the vicinity of 101 N.W. 9 th as

shown in attached Exhibit “2” and “3” and more particularly described in attached Exhibit

“4” is declared to be unnecessary for right-of-way or public purposes and is hereby

vacated, abandoned, closed and discontinued for use as a right-of-way.

SECTION 3. City Manager Authorized. The Mayor and City Commission

hereby authorize the City Manager to execute a Termination and Release of Public

Right-of-Way, in the form and substance similar to Attachment “A”, to terminate that

portion of Right-of-Way legally described below:

RIGHT OF WAY

A 30-FOOT-WIDE STRIP OF LAND, BEING NW 8TH STREET, A PUBLIC RIGHT-OF- WAY, SITUATED NORTH OF AND ADJACENT TO LOTS 11 AND 12, BLOCK ‘J’, “GEO. M. PHIPPEN’S SUBDIVISION LOT 10 FREDERICKS SURVEY IN SW ¼ SEC. 22, T5 1S, R42E” ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PG. 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND SITUATED SOUTH OF AND ADJACENT TO LOTS 1 & 2, BLOCK ‘L’., “GEO. M. PHIPPEN’S SUB-DIVISION LOT 9 IN THE SW ¼ OF SEC. 22, TWP. 5 1S. RG42E. ACCORDING TO THE PLAT OF FREDERICK SURVEY”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PG. 90 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; BOUNDED BY NW 1ST AVENUE ON THE EAST AND NW 2ND AVENUE ON THE WEST.

SAID LANDS SITUATED IN THE CITY OF HALLANDALE BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 8,057 SQUARE FEET (0.18 ACRES) MORE OR LESS.

SECTION 4 . Upon the execution of one (1) original Termination and Release of

Public Right of Way, the City Clerk shall record the Termination and Release of Public

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Right-of-Way in the Public Records of Broward County, and upon recordation, the

original shall be retained by the City Clerk as a public record.

SECTION 5. Providing for Conflict. All ordinances or parts of ordinances and

all resolutions or parts of resolutions in conflict herewith are hereby repealed.

SECTION 6. Providing for Severability. In the event that any section or

provision of this ordinance or any portion thereof, any paragraph, sentence or word be

declared by a court of competent jurisdiction to be invalid, such decision shall not affect

the validity of the remainder hereof as a whole or part thereof other than the part

declared to be invalid.

SECTION 7. Providing for Effective date. This ordinance shall take effect upon

adoption.

PASSED on First Reading on_____ 2013.

ADOPTED on Second Reading on ______ 2013.

_______________________JOY F. COOPERMAYOR

SPONSORED BY: CITY ADMINISTRATION

ATTEST:

______________________________________SHEENA D. JAMES, CMCCITY CLERK

APPROVED AS TO LEGAL SUFFICIENCY andFORM

______________________________________V. LYNN WHITFIELDCITY ATTORNEY

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ATTACHMENT A

This instrument was prepared by andAfter recording should be returned to:

City Attorney’s OfficeCity of Hallandale Beach400 South Federal HighwayHallandale Beach, FL 33009

TERMINATION AND RELEASE OFPUBLIC RIGHT OF WAY

THIS TERMINATION AND RELEASE OF PUBLIC RIGHT OF WAY (“Release”) entered into this ____ day of _____, 2013, by the City of Hallandale Beach, Florida

(hereinafter “City”).

RECITALS

WHEREAS, a portion of an unimproved thirty (30) foot strip of land along NW 8 th

Street, contiguous with B.F. James Park, generally located in the vicinity of 101 N.W. 9 th

Street, Hallandale Beach, FL 33009 was dedicated as public right- of- way as set forth in

the Plat Book 1, PG 71 and Plat Book 2 PG 90 of the Official Public Records of Dade

County, Florida; and

WHEREAS, the City Administration of the City of Hallandale Beach has

requested termination of the Public Right-of-Way and has determined that no public

interest will be adversely affected by termination of said Public Right-of-Way.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF HALLANDALE BEACH, FLORIDA:

1. The recitations set forth above are true and correct and are incorporated herein

as part of this termination and release.

2. The City hereby terminates, vacate, abandon, close and discontinue for use that

public Right-of-Way legally described below and shown in the attached Exhibits

“A” and “B”.

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RIGHT OF WAY

A 30-FOOT-WIDE STRIP OF LAND, BEING NW 8TH STREET, A PUBLIC RIGHT-OF- WAY, SITUATED NORTH OF AND ADJACENT TO LOTS 11 AND 12, BLOCK ‘J’, “GEO. M. PHIPPEN’S SUBDIVISION LOT 10 FREDERICKS SURVEY IN SW ¼ SEC. 22, T51S, R42E” ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PG. 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND SITUATED SOUTH OF AND ADJACENT TO LOTS 1 & 2, BLOCK ‘L’., “GEO. M. PHIPPEN’S SUB-DIVISION LOT 9 IN THE SW ¼ OF SEC. 22, TWP.51S. RG42E. ACCORDING TO THE PLAT OF FREDERICK SURVEY”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PG. 90 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; BOUNDED BY NW 1ST AVENUE ON THE EAST AND NW 2ND AVENUE ON THE WEST.

SAID LANDS SITUATED IN THE CITY OF HALLANDALE BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 8,057 SQUARE FEET (0.18 ACRES) MORE OR LESS.

3. This Termination and Release of Public Right-of-Way shall be recorded in the

Official Records Book of Broward County, Florida.

IN WITNESS WHEREOF, the undersigned has executed its hand and seal on the day

and year first above written.

________________________________RENEE C. MILLERCITY MANAGER

ATTEST:

____________________________SHEENA D. JAMES, CMCCITY CLERK

STATE OF FLORIDA }COUNTY OF BROWARD }

The foregoing Termination and Release of Public Right-of-Way was acknowledged before me this ____ day of _______, 2013, by Renee C. Miller, City Manager and attested by Sheena James, City Clerk, who is personally known to me.

Notary: _____________________________[NOTARIAL SEAL] Print Name: _________________________

Notary Public, State of ________________My commission expires: _______________

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