An Ordinance of the Mayor and City Commission of the City of Hallandale Beach, Florida s1

1 EXHIBIT 1 2 3 ORDINANCE NO. 2013 - 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF HALLANDALE BEACH, FLORIDA VACATING 7 CERTAIN PORTIONS OF UNIMPROVED RIGHT-OF-WAY 8 CONTIGUOUS WITH BF JAMES PARK, GENERALLY LOCATED 9 IN THE VICINITY OF 101 N.W. 9TH STREET, HALLANDALE 10 BEACH, FLORIDA; AUTHORIZING THE CITY MANAGER TO 11 EXECUTE A TERMINATION AND RELEASE OF PUBLIC RIGHT 12 OF WAY; PROVIDING FOR CONFLICT; PROVIDING FOR 13 SEVERABILITY; AND AN EFFECTIVE DATE 14

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

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

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

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

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

20 vacation of right-of-way by ordinance; and

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

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

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

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

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

26 advertised; and

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

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

29 of-way or public utility purpose.

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

31 CITY OF HALLANDALE BEACH, FLORIDA:

1 IWO 2013-258 (AM) Ord. 2013 – File #13-285 1 SECTION 1. City Commission Findings. Due notice has been given to

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

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

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

5 foreseeable need.

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

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

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

9 “4” is declared to be unnecessary for right-of-way or public purposes and is hereby

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

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

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

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

14 portion of Right-of-Way legally described below:

15 RIGHT OF WAY

16 17 A 30-FOOT-WIDE STRIP OF LAND, BEING NW 8TH STREET, A PUBLIC 18 RIGHT-OF- WAY, SITUATED NORTH OF AND ADJACENT TO LOTS 11 AND 19 12, BLOCK ‘J’, “GEO. M. PHIPPEN’S SUBDIVISION LOT 10 FREDERICKS 20 SURVEY IN SW ¼ SEC. 22, T5 1S, R42E” ACCORDING TO THE PLAT 21 THEREOF, AS RECORDED IN PLAT BOOK 1, PG. 71 OF THE PUBLIC 22 RECORDS OF DADE COUNTY, FLORIDA, AND SITUATED SOUTH OF AND 23 ADJACENT TO LOTS 1 & 2, BLOCK ‘L’., “GEO. M. PHIPPEN’S SUB-DIVISION 24 LOT 9 IN THE SW ¼ OF SEC. 22, TWP. 5 1S. RG42E. ACCORDING TO THE 25 PLAT OF FREDERICK SURVEY”, ACCORDING TO THE PLAT THEREOF, AS 26 RECORDED IN PLAT BOOK 2, PG. 90 OF THE PUBLIC RECORDS OF DADE 27 COUNTY, FLORIDA; BOUNDED BY NW 1ST AVENUE ON THE EAST AND NW 28 2ND AVENUE ON THE WEST. 29 30 SAID LANDS SITUATED IN THE CITY OF HALLANDALE BEACH, BROWARD 31 COUNTY, FLORIDA AND CONTAINING 8,057 SQUARE FEET (0.18 ACRES) 32 MORE OR LESS.

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

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

2 1 Right-of-Way in the Public Records of Broward County, and upon recordation, the

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

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

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

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

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

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

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

9 declared to be invalid.

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

11 adoption.

12 PASSED on First Reading on_____ 2013.

13 ADOPTED on Second Reading on ______2013. 14 15 ______16 JOY F. COOPER 17 MAYOR

18 SPONSORED BY: CITY ADMINISTRATION

19 ATTEST: 20 21 22 ______23 SHEENA D. JAMES, CMC 24 CITY CLERK 25 26

27 APPROVED AS TO LEGAL SUFFICIENCY and

28 FORM

31 3 IWO 2013-258 (AM) Ord. 2013 – File #13-285 1 ______

2 V. LYNN WHITFIELD

3 CITY ATTORNEY

ATTACHMENT A

This instrument was prepared by and After recording should be returned to:

City Attorney’s Office City of Hallandale Beach 400 South Federal Highway Hallandale Beach, FL 33009

TERMINATION AND RELEASE OF PUBLIC RIGHT OF WAY

THIS TERMINATION AND RELEASE OF PUBLIC RIGHT OF WAY (“Release”) is 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 8th Street, contiguous with B.F. James Park, generally located in the vicinity of 101 N.W. 9th 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.

4 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”.

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. MILLER CITY MANAGER

ATTEST:

______SHEENA D. JAMES, CMC CITY CLERK

STATE OF FLORIDA } COUNTY OF BROWARD }

5 IWO 2013-258 (AM) Ord. 2013 – File #13-285 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: ______

6 7 IWO 2013-258 (AM) Ord. 2013 – File #13-285 8