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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:
1IWO 2013-258 (AM) Ord. 2013 – File #13-285
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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
2IWO 2013-258 (AM) Ord. 2013 – File #13-285
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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
3IWO 2013-258 (AM) Ord. 2013 – File #13-285
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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”.
4IWO 2013-258 (AM) Ord. 2013 – File #13-285
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: _______________
5IWO 2013-258 (AM) Ord. 2013 – File #13-285