Exhibit 1ORDINANCE NO. 2012 –

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, TERMINATING CERTAIN UTILITY EASEMENTS GENERALLY LOCATED AT 1011-1021 WEST HALLANDALE BEACH BOULEVARD; AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF EASEMENT FOR RECORDATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

WHEREAS, HB 1000-18 LLC has applied (Application #46-12-RV) for vacation of

certain easements in connection with its applications for Major Development (Application #42-

12-DB), Redevelopment Area Modification (Application #68-12-RD), and Platting (Application

#41-12-P) to construct a one story commercial center located at 1011-1021 West Hallandale

Beach Boulevard; 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 easements

by ordinance; and

WHEREAS, HB 1000-18 LLC is requesting vacation of certain utility easements

(Application #46-12-RV) located at 1011-1021 West Hallandale Beach Boulevard, Hallandale

Beach, Florida, recorded in the Broward County Official Record Book (ORB) 9991, Page 277

(“Easement”); 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

WHEREAS, Florida Power and Light, the utility company having rights to such

easements, has no objections to the vacation of the land easement and aerial easement; and

WHEREAS, no public interest will be adversely affected by termination of said portion of

the Easement.

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

SECTION 1. The City Commission hereby authorizes the City Manager to execute a

Release of Easement, in form and substance similar to that attached hereto as Attachment A, to

terminate that portion of Easement legally described below:

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LAND EASEMENT

THE SOUTH 12 FEET OF THE NORTH 110 FEET OF THE WEST 170 FEET OF THE WEST ½ OF THE NW ¼ OF THE SE ¼ OF THE NW ¼ OF THE SOUTH 450 FEET, THEREOF, LESS THE EAST 25 FEET THEREOF AND LESS THE NORTH 50 FEET THEREOF, IN SECTION 28, TOWNSHIP 51 SOUTH, RANGE 42 EAST. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF HALLANDALE BEACH, BROWARD COUNTY, FLORIDA.

AERIAL EASEMENT

THE SOUTH 6 FEET OF THE NORTH 104 FEET OF THE EAST 21 FEET OF THE WEST 170 FEET OF THE NW ¼ OF THE SE ¼ OF THE NW ¼ OF THE SOUTH 450 FEET, THEREOF, LESS THE EAST 25 FEET THEREOF AND LESS THE NORTH 50 FEET THEREOF, IN SECTION 28, TOWNSHIP 51 SOUTH, RANGE 42 EAST. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF HALLANDALE BEACH, BROWARD COUNTY, FLORIDA.

SECTION 2. Upon the execution of one (1) original Release of Easement, the City Clerk

shall record the Release of Easement in the Public Records of Broward County, and upon

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

SECTION 3. All ordinances or parts of ordinances and all resolutions or parts of

resolutions in conflict herewith are hereby repealed.

SECTION 4. 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 5. This Ordinance shall take effect immediately upon adoption.

PASSED AND ADOPTED on 1st reading on ____________, 2012.

PASSED AND ADOPTED on 2nd reading on ____________, 2012.

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________________________________MAYOR-COMMISSIONER

ATTEST:

___________________________________CITY CLERK

APPROVED AS TO LEGAL SUFFICIENCYFORM

___________________________________V. LYNN WHITFIELDCITY ATTORNEY

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72737475767778798081828384858687888990

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

RELEASE OF UTILITY EASEMENT

THIS RELEASE EASEMENT (“Release”) is entered into this _______day of

____________, 2012, by the City of Hallandale Beach, Florida (hereinafter “City”).

RECITALS: WHEREAS, a utility easement located at 1011-1021 West Hallandale Beach Boulevard

was dedicated as set forth in the Broward County Official Record Book (ORB) 9991, Page 277

(“Easement”) of the Public Records of Broward County, Florida; and

WHEREAS, HB 1000-18 LLC is requesting termination of the Easement located at

1011-1021 West Hallandale Beach Boulevard, Hallandale Beach, Florida (Application #46-12-

RV); and

WHEREAS, Florida Power and Light, the utility company having rights to such

Easement, does not have any need for the said Easement in the future; and

WHEREAS, no public interest will be adversely affected by termination of said

Easement.

NOW, THEREFORE, be it resolved that the City, in consideration of the sum of Ten and

00/100 ($10.00) Dollars, and other good and valuable consideration, the receipt and sufficiency

of where are hereby acknowledged, does hereby acknowledge:

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

of this termination.

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2. The City terminates and relinquishes any and all rights, title or interest which the City

has in that Easement legally described below and shown in the attached EXHIBITS A AND B:

LAND EASEMENTTHE SOUTH 12 FEET OF THE NORTH 110 FEET OF THE WEST 170 FEET OF THE WEST ½ OF THE NW ¼ OF THE SE ¼ OF THE NW ¼ OF THE SOUTH 450 FEET, THEREOF, LESS THE EAST 25 FEET THEREOF AND LESS THE NORTH 50 FEET THEREOF, IN SECTION 28, TOWNSHIP 51 SOUTH, RANGE 42 EAST. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF HALLANDALE BEACH, BROWARD COUNTY, FLORIDA.

AERIAL EASEMENTTHE SOUTH 6 FEET OF THE NORTH 104 FEET OF THE EAST 21 FEET OF THE WEST 170 FEET OF THE NW ¼ OF THE SE ¼ OF THE NW ¼ OF THE SOUTH 450 FEET, THEREOF, LESS THE EAST 25 FEET THEREOF AND LESS THE NORTH 50 FEET THEREOF, IN SECTION 28, TOWNSHIP 51 SOUTH, RANGE 42 EAST. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF HALLANDALE BEACH, BROWARD COUNTY, FLORIDA.

3. This Release of Easement shall be recorded in the Official Records of Broward County, Florida.

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

year first above written.

________________________________RENEE CRICHTONCITY MANGER

ATTEST:

___________________________________CITY CLERK

STATE OF FLORIDA }COUNTY OF BROWARD }

The foregoing Easement Termination was acknowledged before me this __________ day of

_______________________, 2012, by Renee Crichton and attested by Sheena James, City Clerk, who are personally known to me.

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(NOTARY STAMP)

Notary Public

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